**Document:** Officer Planning Report **Application:** 11/01010/B — Alterations to existing vehicular access **Decision:** Permitted **Decision Date:** 2011-09-05 **Parish:** Jurby **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1351-jurby-ballateare-farm-house/documents/1252639 --- # Officer Planning Report ### Considerations [Table omitted in markdown export] [Table omitted in markdown export] ### Written Representations None received at time of drafting report ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Site The site represents the curtilage of Ballateare Farm House, Jurby West which is located on the western side of the Coast Road (A10) and southwest of Jurby West. Within the site comprise a traditional two storey Manx farmhouse and a stone barn which is currently redundant as it has lost its roof. Currently, the dwelling is accessed via an existing driveway which runs in a southeast direction and accesses onto the Coast Road which is to the south east of the dwelling approximately 240 away. #### Proposal The application seeks approval for the alterations to existing vehicular access. The main alterations involve the setback of the existing Manx grass banking to enable better visibility. In a northeast direction the extent of grass banking equates to a total length of 82 metres. In a southwest direction a total length of 48 metres of sod banking would be removed or altered. The new sod banks would be constructed to the same height as existing. The proposal would result in providing visibility splays from the access of metres in both directions. The proposal also involves the widening the existing drive from 2.4 metres to 5 metres. #### Land Use Zoning / Planning Policies The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'white land'; the site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal Value and Scenic Significance. - Isle of Man Strategic Plan 20th June 2007 - Isle of Man Development Plan Order 1982 Due to the zoning of the site the following policies are relevant for consideration:- "Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." "Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: - (a) the development would not harm the character and quality of the landscape; or - (b) the location for the development is essential." "General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: - (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); - (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; - (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); - (e) location-dependent development in connection with the working of minerals or the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agriculture or forestry; - (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and - (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." PLANNING HISTORY The following planning application is considered relevant in the assessment and determination of this application:- Erection of a replacement dwelling with associated landscaping - 11/00917/B - PENDING CONSIDERATION REPRESENTATIONS Highways Division have no objection:- "Has no traffic management, parking or road safety implications." Manx Electricity Authority has made no comments to the merits of the application but asks for an informative note be attached to any approval. The Planning Authority has received no privately written representations objecting to the proposal. ### Assessment In terms of planning policy Environmental Policy 1 is one of the most relevant for this application as the site is within the countryside and therefore as indicated by the policy that development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. The second policy is Environmental Policy 2 as the site is within an area of High Landscape or Coastal Value and Scenic Significance. This policy indicates that development in such areas should not be permitted unless the development would not harm the character and quality of the landscape or the location for the development is essential. The reasoning for the proposed works is to improve visibility when exiting the site onto the Coast Road. This is due to the currently visibility which is very poor and requires a vehicle to pull out onto the highway to gain visibility, which in turn adversely impacts upon highway safety for all users. From a public view when travelling along the Coast Road this section of highway is made up of high Manx Sod banking running along the highway and is an attractive aspect when travelling along this section of highway and certainly adds positively to the visual appearance of the countryside. The proposal would require the loss of a large proportion of the existing sod banking and initially during construction and in the short term will appear as a significantly alteration to the roadside boundary. However, the applicants are proposing to replicate the existing sod bank in height and width with landscaping above (landscaping condition should be attached to ensure planting) to ensure in the medium and long term the new sod banking would appear as the existing, but set back more from the highway than the existing. There are a number of areas along this stretch of the Coast Road where there is areas of grass verge fronting the sod banks of similar size to what is proposed. Consequently, this form of development and design would not appear to be out of keeping. The main issue with the proposal is whether the significant improvements to highway safety for all users of the public highway, overcome the concerns of the removal and alterations to the existing sod banking. Overall, it is concluded that whilst there are impacts upon the visual amenity of this location by the proposal, these would only be in the short term and the benefits to highway safety in the short, medium and long term would be sufficient to overcome and justify the proposed works. ### Recommendation Accordingly, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to Environmental Policy 1 & 2 and General Policy 3 of the Isle of Man Strategic Plan (June 2007). ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - Jurby Parish Commissioners It is considered that the following parties, who submitted comments, do not accord with the requirements of Planning Circular 1/06 and are therefore, are not afforded Interested Party Status: - Manx Electricity Authority The Department of Transport Highways and Traffic 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:** 01.09.2011 --- ### 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 **C 1.** The development hereby permitted shall commence before the expiration of four years from the date of this notice. **C 2.** This approval relates to the alterations to existing vehicular access as proposed in the submitted documents and drawings 133 A, 134 A and 135 A all received on 19th July 2011. **C 3.** No development shall take place until full details of a soft landscaping works showing planting along the sod banks have been submitted to and approved in writing by the Planning Authority. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following the access being first brought into use. Any trees or shrub which, within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation. *Handwritten note: P A* --- I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. **Decision Made:** Permitted **Date:** 1 September 2011 Signed: Michael Gallagher Director of Planning and Building Control *Delete as appropriate* Signed: Jennifer Chance Development Control Manager --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/1351-jurby-ballateare-farm-house/documents/1252639*