31 August 2004 · Planning Committee on review
Ashbourne House, Ballacraine, St. Johns, Isle Of Man, IM4 3nf
The proposal involved approval in principle to subdivide land behind existing roadside properties into two building plots for detached dwellings, accessed via a narrow existing lane between The Smithy garage and Croit Greanagh, in an area designated as predominantly residential but resisting backland development.
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The Planning Committee determined that the proposal constituted undesirable backland development. Due to its elevated position, it would overlook and dominate existing properties to the south fronting…
St. Johns Local Plan Written Statement paragraph 2.18
States that backland development should generally be avoided. The proposal was assessed as classic backland development behind roadside properties, bringing domination, privacy loss, access disturbance, and reduced sense of space, changing village character. Similar nearby proposals refused twice on appeal for same reasons.
Manx Roads 1
Requires sight splays/sight lines, access width for two cars to pass, parking, turning facilities, max 1:10 gradient. Access cannot meet width or sight lines due to flanking buildings ~6-9m apart and forecourt parking; inspector deemed dangerous for emerging vehicles.
Supports application for two superior plots in established residential area without detriment; existing narrow access adequate for two plots with good visibility meeting DoT criteria; tree belt planting proposed.
No adverse traffic impacts (initial response 14 July 2004); later no objection subject to conditions including access width, parking, turning, gradient, sight splays per Manx Roads 1.
Department of Transport Highways Division provided conditional no objection subject to specific access and parking conditions; multiple local residents submitted objections citing access issues, loss of privacy, green belt location, and other concerns.
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions; Whilst there are no opportunities to alter the sight splays onto the highways, it is felt the public footpath which lines the highway is sufficient in width to provide adequate visibility in either direction.
Conditions requested: The width of the access drive shall permit two motor cars to pass alongside each other.; Parking arrangements on site shall comply with the provisions of Manx Roads 1.; The access drive arrangements shall comprise a turning feature to permit a motor car to turn round within the site, so that the vehicle can emerge from the site in forward gear.; The gradient of any access drive shall not exceed 1 in 10.; Sight splays/sight lines shall be provided in compliance with Manx Roads 1.
The original application for approval in principle to create plots for two dwellings on land to the rear and side of existing properties was refused by the Planning Committee for reasons of undesirable backland development, including overlooking/dominating adjacent properties, inappropriate narrow access harming amenities, and harm to the rural character of St Johns. The appellant challenged each refusal reason, arguing sufficient separation distances, existing tree screening, adequate access for two dwellings given Department of Transport conditions and existing use, and minimal visual impact due to screening and mixed local character. The council defended the refusal citing St Johns Local Plan policy against backland development, previous appeal refusals nearby, and access deficiencies. The inspector determined highway safety as the key issue due to the narrow un-widenable access with poor sight lines and inability for vehicles to pass, compounded by likely increased use; backland development would also bring noise/disturbance contrary to local plan policy. The appeal was dismissed, confirming the committee's refusal.
Precedent Value
Reinforces strict resistance to backland development per local plans, even in residential areas, especially with highway safety defects like narrow un-widenable accesses and poor sight lines. Future applicants must demonstrate full compliance with highways standards and avoid policy-prohibited forms regardless of low traffic volume.
Inspector: Terrence Kemmann-Lane
