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Application No.: 10/01550/B Applicant: Mr David Malcolm Maddrell Proposal: Creation of temporary vehicular entrance Site Address: Plot Adjacent To Maughold Lodge Claughbane Walk Ramsey Isle Of Man ### Considerations Case Officer : Mrs Jade Craig Expected Decision Level: Planning Committee ### Written Representations | 30 Queens Valley Ramsey Isle Of Man IM8 1NG | Objects to the proposal | | :-- | :-- | | Ardwhallin House West Baldwin Braddan Isle Of Man | Objects to the proposal | ### Consultations Consultee : Highways Division Notes: Comments received. Consultee : Clerk To The Commissioners \& RTC Drainage Notes: object
The application site represents the curtilage of a plot of land adjacent to the property known as Maughold Lodge, off Claughbane Walk, Ramsey.
The site is currently landlocked and although part of the site reaches a road (Claughbane Walk), there is no access. The level of the site slopes down from Claughbane Walk in a northerly direction.
Proposed is the creation of a temporary access to enable a tree planting scheme. This would be provided by the removal of a section of stone wall along Claughbane Walk.
The proposed entrance would be for a JCB digger only. The wall at either side of the entrance would be lowered to no more than 1 metre high, in order to avoid visibility concerns. No ground works, earthworks or engineering works would be necessary and no driveway would be created.
The following previous planning applications are considered relevant in the assessment and determination of this application;
Approval in principle for the erection of a single dwelling
Erection of a dwelling and creation of a vehicular access
Erection of a detached dwelling and creation of a vehicular access Reason for Refusal 1. Because of its siting, the proposed driveway would dominate the outlook from adjoining dwellings, and there would be perceived overlooking of these dwellings from the drive. The effect of the access on the local amenity of adjacent dwellings would thus be unacceptable. Reason for Refusal 2. The mass of the proposed 3-storey dwelling, and its siting on an artificially created platform would have an adverse visual impact on the residents of neighbouring properties.
At the time of writing this report, a decision on the following application had not yet been determined;
Erection of a dwelling and creation of new vehicular access.
The application site is located within a wider area designated as Predominantly Residential Use in the Ramsey Local Plan 1998, Map No. 2 (South). The site is located within a specific development area, namely F (Ballure). The site is not located within a Conservation Area.
The relevant planning policy from the Isle of Man Strategic Plan 2007 is General Policy 2.
The Ramsey Local Plan 1998, development area F (Ballure), states the following: Most of this area is either developed, partly developed, or has the benefit of planning permission. It is important that the completion of these developments or any proposals for further development should be such as to safeguard the settings of the Manx Electric Railway and St. Mary's Church, and should have regard to the amenity value of existing trees and gardens.
CONSULTATIONS
The Department of Infrastructure Highways Division do not object to this application, subject to the condition that the access is blocked on completion of the tree planting scheme.
Ramsey Town Commissioners object to the proposal. The Commissioners state that they had previously objected to the proposed development of the site. They consider that the creation of a temporary access would result in the permanent provision of a secure access for future construction works.
REPRESENTATIONS
The owner and/or occupier of 30 Queens Valley, Ramsey, objects to the proposal. The objector states that previous applications for the erection of a dwelling and the creation of vehicular access have been turned down twice on appeal. They feel that this present application is clearly the first stage in an attempt to get the planning rejection overturned, by creating an access to the site. They also state that work has already started on the site without planning approval.
23 February 2011
10/01550/B
The owner and/or occupier of Ardwhallin House, West Baldwin, Braddan, objects to the proposal. They state that a temporary access has been made through the wall to the right of Maughold Lodge's entrance and that trees have been planted, so there is no need for another entrance. They feel that it is best for the application to be withdrawn or refused and the entrance is dealt with in a full application, including a new proposed dwelling.
The site has a history of proposals for a dwelling and vehicular access, which have been refused at Appeal. One of the reasons for refusal of the most recent application (09/01533/B) was due to the perceived overlooking of the adjoining dwellings from the proposed drive. As a result of this, the purpose of this current proposal is to alleviate possible future overlooking through a tree planting scheme.
Some of the objectors have mentioned the fact that part of the front boundary wall of the adjacent dwelling (Maughold Lodge) has been removed, in order to create a temporary access to the site. Having visited the site, I agree with this assertion. But this is a different access to what is proposed in this current application.
The Highways Division have no objection to the proposal, on the condition that the access is blocked up on completion. Claughbane Walk is a single track road with a low level of vehicular traffic. The Highways Division have not raised any concerns with highway safety.
There are concerns from some of the objectors that the proposed access would be a step towards developing the site. The previous application (PA 09/01533/B) for the erection of a detached dwelling and creation of an access was met with opposition, so it is likely that subsequent applications for the site will also be opposed. There is a current proposal which is pending consideration for the erection of a dwelling and the creation of new access (PA 10/01832/B).
In the appeal refusal for PA 09/01533/B, the Inspector was concerned about perceived overlooking to the nearby properties from the proposed driveway. No actual driveway would be created as part of this current application, but it is accepted that there would be a JCB entering and leaving the site. However, this proposal is for a temporary access only and it would enable a planting scheme to occur, which would provide better screening between the site and the adjacent properties. This would help to address the appeal Inspector's concerns of overlooking from the proposed driveway, should the site be developed in the future.
For the above reasons, this proposal is considered to be acceptable and is recommended for approval.
Due to the temporary nature of the proposal, it considered necessary to condition the approval so that it is clear how long the temporary access is allowed for and when the existing wall should be rebuilt. I have discussed the time period with this applicant. They are concerned that the planning process has taken longer than they had anticipated and therefore this year's planting season may have been missed for some trees. As a result of this, I recommend conditioning the temporary access for a period of one year, which would cover any trees needing to be planted in the next season, if the current one was missed. This would obviously be subject to any possible appeal against the refusal and the decision becoming final. approve PARTY STATUS It is considered that the following parties, who submitted comments, meet the criteria of Government Circular 1/06 and should be afforded Interested Party Status; Ramsey Town Commissioners The owner and/or occupier of 30 Queens Valley, Ramsey
The owner and/or occupier of Ardwhallin House, West Baldwin, Braddan (they were recognised as having party status in PA 09/01533/B, due to owning the 2.5 acres site to the north of the application site)
It is considered that the following parties, who submitted comments, should not be afforded Interested Party Status;
The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation Recommended Decision: Permitted Date of Recommendation: 20.12.2010
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
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.
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.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : __________________________ Authority Meeting Date : __________________________ Signed : __________________________ Presenting Officer
23 February 2011 10/01550/B Page 4 of 5
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
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