15 March 2011 · Planning Committee - Mrs C Dudley, Deputy Secretary to the Planning Committee
Plot Adjacent To, Maughold Lodge, Claughbane Walk, Ramsey, Isle Of Man, IM8 2jp
The proposal involved removing a section of roadside stone wall along Claughbane Walk to create a temporary entrance for a JCB digger to access the sloping plot and plant trees for screening. No driveway, ground works, or engineering operations were proposed, and walls either side would be lowered to 1m for visibility.…
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The officer noted the site's history of refusals for dwellings and accesses, particularly due to perceived overlooking from proposed driveways harming neighbour amenity (e.g.
General Policy 2
Requires development to respect amenity and character. Officer assessed the temporary access as acceptable due to its limited duration, no permanent features, and benefit in enabling screening trees to protect neighbour amenity, aligning with policy tests previously failed by full dwelling proposals.
Ramsey Local Plan 1998, development area F (Ballure)
States most area developed or permitted; proposals must safeguard Manx Electric Railway, St Mary's Church settings, and amenity of trees/gardens. Site within this area; temporary access accepted as it facilitates tree planting enhancing garden amenity without harming settings or character.
Approved plans
This approval relates to the creation of a temporary vehicular access, as shown in the 1:4000 Location Plan, the 1:500 site plan (Ref. SP1), drawing of Section 1 (Ref. ENT 1), drawing of Section 2 (Ref. Section), photograph of the External View (Ref. EXT VW) and photograph of the Internal View (Ref. INT VW), all date stamped 20th October 2010.
Temporary duration and reinstatement
On the completion of the planting scheme or the expiry of one year from the date of this permission becoming final, whichever is the sooner, the temporary access hereby approved shall be closed up and the roadside boundary wall restored, unless planning permission is granted for a longer period.
Do not oppose subject to condition that access be blocked on completion of tree planting scheme
Highways Division raised no objection subject to a condition that access be blocked after tree planting, while Ramsey Town Commissioners objected fearing it could become permanent; private individuals also objected citing unauthorized works and links to a refused dwelling application.
Key concern: Temporary access could result in permanent provision for future construction works
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition; Access to be blocked on completion of tree planting scheme
Conditions requested: Access to be blocked on completion of tree planting scheme
Ramsey Town Commissioners
ObjectionThe Commission have previously objected to the development proposed on this site and they consider that the provision of a temporary vehicle access onto this site could result in a permanent provision which would then afford a secure access for future construction works.
The Planning Committee approved the application for a temporary vehicular entrance to facilitate tree planting on a landlocked plot in a residential area, despite objections from Ramsey Town Commissioners and neighbours concerned it would lead to permanent access for prior-refused dwelling proposals. The appellant (neighbouring landowner) and objectors argued the access was unnecessary (existing gap used), would damage heritage wall, and was a pretext for future development. The Planning Authority defended it as temporary to address prior appeal concerns on overlooking via screening planting, with Highways no-objection if reinstated post-planting. At the public inquiry on 16 June 2011, the independent inspector assessed it acceptable temporarily to enable non-material tree planting, recommending dismissal of the appeal and upholding approval subject to conditions requiring wall restoration within 1 year or on scheme completion. The Minister confirmed this on 24 August 2011.
Precedent Value
Demonstrates temporary accesses can be approved in contentious sites if tightly conditioned for reinstatement and tied to non-material ops like planting; reinforces that sequential applications (temp access before dwelling) acceptable if not circumventing policy. Future applicants should document machinery needs and prior refusal linkages explicitly.
Inspector: G Farrington
