Planning Officer Report

Department of Local Government and the Environment ### Rheynn Reiltys Ynnydagh as y Chymmyltaght Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Email: [email protected] Tel: (01624) 685901 Fax: (01624) 686443 Director of Planning and Building Control M.I. McCauley, M.R.T.P.I. 12th October 2006 Your ref: AP06/0198 Our Ref: 06/00686/B Mr. A. Johnstone, Planning Appeals Administrator, Crown Division, Chief Secretary’s Office, Government Offices, Douglas, IM1 3PG. Dear Mr. Johnstone, Re: PA 06/00686/B – Creation of a new field access, Field adjacent to Loughan E Yeigh, Garey Ford, Lezayre Please find a statement that set out the position of the Planning Authority in respect of the above planning application. The statement comprises of three parts: 1. a copy of the case officers report that assessed the proposal and recommended that the planning application be refused. This was considered and accepted by the Director of Planning and Building Control on the 21st July 2006. 2. a set of suggested conditions and notes in the event that the appointed Planning Inspector is minded to recommend that the application be approved. Yours sincerely, Ian Brooks BA(Hons) DipTP MRTPI Planning Officer ## Planning Report And Recommendations {{table:132703}} ### Considerations {{table:132698}} ### Written Representations {{table:132699}} {{table:132700}} ### Consultations {{table:132701}} {{table:132702}}

Officer's Report

Description Of Application Site

• The application site is a line of trees and shrubs along the southern boundary of a field.
• The application site is situated on the northern side of the Garey Road.
• The application site is within an area not zoned for development.
• The site is within an area of high landscape or coastal value and scenic significance.
• The site is a registered woodland.

Proposal

• The creation of a new field access

• The access will create a 13m wide access onto the Garey Road. The access road will extend 12m into the field before it is gated.
• The proposal will result in the removal of a dead tree.

Relevant Planning History

• None

Development Plan Policies

• Isle of Man Planning Scheme (Development Plan) Order 1982

Statutory Consultation Responses

• Highways Division of the DoT have objected to the application. The proposal offers 2m by 13m visibility splay. Visibility splays of 2 metres by 23 metres are required to provide stopping sight distance for traffic travelling up to 30 miles per hour.
• Lezayre Parish Commissioners have refused the application on the following grounds: There seems insufficient evidence that this access is required. Local knowledge indicates that the gap for the gate is not wide enough to prevent destruction of trees.

Public Responses

• Press notices were posted on 4.05.06
• Representations have been received from the occupiers of Garey Aittin and The Coach House
• The occupiers of Garey Aittin have made the following comments;
• The correct place for a new gateway into this field is about 40 yards to the ford side of the planning application. At the end of the roadside stone wall where there is a low hedge.
• If the gateway was placed here there would be very little damage to any of the existing trees, only one elm on the west side would have to be limbed. There would still be good vision of the road both sides of the gateway for anyone coming out of the gateway.
• All the trees in the area are now registered – there is no reason for any to be removed. Also this area is not zoned for any development.
• This field is a wild life haven with all types of birds. We have Owls, Sparrow hawks, hen harriers etc. There were also wood peckers in the area believed to be nesting nearby. Bats also roost in this area. This field should be left as it is at the present moment.
• This field forms part of a chain of wild life havens from woods below Ballakillinghan House, Loughan-y-Yeigh, Ellanbane farm to Kerrow Mooar Glen, Sulby
• There should be no work carried out during the Bird Nesting season.
• The occupiers of The Coach House have made the following comments:
• Owners of the adjacent field.
• The site is registered woodland and in order to make an entrance to the said field it would entail felling a number of trees.
• The Garey Road is very narrow at this point and visibility to right and left is not far in either direction.
• The land has been neglected for over 20 years and is mainly overgrown shrub land and unsuitable for agricultural purposes.

Issues

• The main issue in considering the application is the impact of the works on the character or appearance of the countryside in this area of special landscape protection.
• The roadside edge of the site comprises of grasses, hedgerow and trees. This is an attractive roadside feature which makes a positive contribution to the character and appearance of the

countryside in this locality. The access itself would remove 13m of this roadside feature. Whilst there are no details of exactly how the visibility splay would impact on the site the DoT have commented that the visibility splay only provides 2m by 13 metres. Instead a visibility splay of 2m by 23m is required to provide stopping sight distance from the new access. The impact of a greater visibility splay would cause further loss of tree and hedge cover along the Garey Road. Given the special protection afforded to the landscape I consider this feature should not be lost unnecessarily.

• The applicant has stated that the site does not have a vehicular access and wishes the site use is continued for agricultural practices and be brought back into production. The size of the application site has the potential for an active agricultural use. However, the site has not had a vehicular access for 15 years since it was sub-divided from Loughan-E-Yeigh house. However, I am not satisfied that this justification is adequate to offset the harm the proposal will have on the landscape which has special protection.
• Furthermore, the Highways Division of the DoT have objected to the application on the grounds that the visibility splays are inadequate to serve the needs of the development. I therefore consider use of an access with inadequate visibility splays to be unacceptable and would be prejudicial to highway safety.

Conclusion

I therefore recommend that permission be refused for the above reasons

Party Status

I consider that the following should be granted party status due to them being statutory consultees:

• Lezayre Parish Commissioners
• Highways Division of the Department of Transport
• The owner of the adjacent field (The occupier of The Coach House)
• The owner/occupier of Garey Aittin

Recommendation

Recommended Decision: Refused

Date of Recommendation: 17.07.2006

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. The proposed access road would by reason of its siting and design in this prominent location would result in the removal of vegetation within an area of registered woodland which will have a detrimental impact on the character and appearance of the area and be detrimental to the visual amenities of the locality.

R 2.

The visibility from the proposed access road onto the public highway is inadequate to serve the needs of the developemtn and therefore would be prejudicial to highway safety.

R 3.

In light of the comments from the Department of Transport indicating that a 2m by 23m visibility splay would be required to provide stopping sight distance, this would result in a substantial amount of vegetation being removed from the boundary adjacent to the Garey Road. It is considered that such any alteration would change the character and appearance of the locality and be detrimental to the visual amenities of the locality.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date: 21/7/05 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control