10 November 2005 · Planning Committee
The Bungalow, Main Road, Ballaugh, Isle Of Man, IM7 5ed
The proposal involved creating an 8m wide vehicular gateway set back 5m from the highway into a 32m x 19m fenced field parcel adjacent to the applicant's bungalow, plus retaining a pre-existing 1.5m pathway cut through the sodbank linking the bungalow's rear garden to the field.
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The Planning Committee determined that 'the site is not designated for development or for residential use' and is visible from the adjacent highway, so 'the creation of a vehicular access and continue…
no adverse traffic impacts subject to conditions including turning feature within site
express interest; note water main across frontage susceptible to damage, contact before works
Water Authority requests contact for water supply and notes a vulnerable water main; DOT Highways has no objection subject to a turning feature condition; Ballaugh Parish Commissioners object due to road safety concerns on a busy and dangerous road.
Key concern: creating another exit onto an already very busy and dangerous road with fatal and serious accidents
Water Authority
Conditional No ObjectionA water main runs in the pavement across the frontage of the property which may be susceptible to damage due to vehicles passing over it. The applicant should contact the Water Authority to discuss protecting or replacing the main before construction work commences.
Conditions requested: a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; The applicant should contact the Water Authority to discuss protecting or replacing the main before construction work commences
DOT Highways
Conditional No ObjectionNo adverse traffic impacts, subject to the impositions of the following conditions; No Adverse Traffic Impact Subject to the imposition of the following condition; The Department of Transport Highway Division have assessed this application on the basis that it will provide better access and egress to/from the public highway than the existing driveway to Cronkould Bungalow. The visibility from this proposed access is superior to the existing access because it is sited half way along the frontage of the dwelling.
Conditions requested: The access drive arrangements shall comprise a turning feature to permit a motor car to turn around within the site, so that the vehicle can emerge from the site in forward gear
DOT Highways
Conditional No ObjectionNo Adverse Traffic Impact Subject to the imposition of the following condition.
Conditions requested: 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 a forward gear
DOT Highways
Conditional No ObjectionThe Department of Transport Highway Division have assessed this application on the basis that it will provide better access and egress to/from the public highway than the existing driveway to Cronkould Bungalow. The visibility from this proposed access is superior to the existing access because it is sited half way along the frontage of the dwelling.
Ballaugh Parish Commissioners
Objectionmy Commissioners have now considered the proposed development, and are opposed to the proposal, as it would mean creating another exit onto an already very busy and dangerous, road, especially as there have been a number of fatal and serious accidents near to this proposed site.
The original application 05/01293/B for creation of an 8m wide vehicular access with 5m setback and retention of a 1.5m pathway through a sodbank was refused by the Planning Committee on 10 November 2005 and confirmed on review on 31 January 2006, citing intensification of unauthorised residential use and unwarranted intrusion into the countryside in an unzoned area of high landscape value. Appellants argued the small field (32m x 19m) is agricultural land requiring access for maintenance, grazing or cultivation, with no residential intent, supported by family farming connections. The inspector accepted no material change of use was before him but found the site's small size and severance made credible agricultural use unlikely, rejecting vague intentions like grazing calves or potatoes as unconvincing. Harm to the attractive sodbank and hedgerow in a special landscape protection area outweighed any need, which could be met via the house access with septic tank protection. The appeal was dismissed on 15 May 2006 following a public inquiry.
Precedent Value
Appeals for agricultural accesses in protected landscapes require robust evidence of genuine, intensive agricultural need proportionate to plot size; vague family connections or maintenance claims insufficient against visual harm. Future applicants should provide detailed agricultural business plans and explore alternatives like house access modifications.
