5 March 2009 · Acting Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
1 Daisy Bank, Cronk Road, Port St. Mary, Isle Of Man, IM9 5as
The proposal involved excavating the front garden of a semi-detached dwelling to create a parking area 4.8-5m deep and 5.5m wide, providing two off-road spaces alongside the neighbouring property Cronk Lea, with 4.5-5.5m visibility to the south.
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The officer acknowledged the general welcome for off-road parking and the site's lack of such provision amid a congested streetscene from on-street parking, but concluded this was outweighed by safety…
Transport Policy 6 - Equal weight for vehicles and pedestrians
TP6 states 'In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users'. The officer assessed the proposal against this, finding the sudden vehicular access next to Cronk Lea (providing pedestrian 'comfort and security') would unacceptably compromise pedestrian safety on the narrow footway amid parked cars and poor sightlines, unlike precedents with more accesses.
Planning application 08/02224/B for creation of an off-road parking bay was refused by the Planning Authority. The appellant argued it would provide useful off-road parking in a congested area with similar bays nearby and no harm to public safety. The Council, Department of Transport, and Port St Mary Commissioners raised concerns over limited visibility on the narrow, curving road, loss of on-street parking, and highway safety risks. The Inspector concluded the proposal would create dangerous vehicle manoeuvres hidden by adjacent buildings, with inadequate inter-visibility despite pedestrian visibility measures, and minimal public benefit. The appeal was dismissed on 26 May 2009, confirming the original refusal.
Precedent Value
This appeal demonstrates that highway safety concerns from poor visibility on curving roads are decisive, even with similar precedents nearby; applicants must provide robust visibility evidence meeting DoT standards (e.g., 23m splays) and demonstrate net public benefit.
Inspector: David Ward