**Document:** Planning Officer Report **Application:** 12/00184/B — Creation of temporary construction access to serve residential development approved under PA 10/00544/B (retention of access approved under PA 10/00665/B) **Decision:** Permitted **Decision Date:** 2012-05-15 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2321-german-part-of-field/documents/1265916 --- # Planning Officer Report [Table omitted in markdown export] ### Officer's Report THE APPLICATION IS TO BE CONSIDERED BY PLANNING COMMITTEE AT THE REQUEST OF A COMMITTEE MEMBER AS PREVIOUS APPLICATIONS FOR THE SITE WERE CONSIDERED BY THE COMMITTEE. ### The Site 1. The site relates to parts of Field 315097 which is to the east of the residential development Reayrt Ny Keylley and to the south of Poortown Road, Peel. The land to the south west of the site is currently being developed with housing under the provisions of 10/00544/B. 2. The site is part of a larger area designated as being Predominantly Residential use by the Peel Local Plan (Planning Circular 6/89). ### Proposal 3. This application seeks approval for the creation of a temporary construction access to serve the residential development approved under 10/00544/B (retention of temporary access approved under 10/00665/B). 4. The access is in place having been constructed under the provisions of 10/00665/B to serve the residential development approved under 09/00521/B. The access is situated almost directly opposite to the existing road access to Ballawattleworth estate to the north. 5. The submitted plan shows that visibility splays of 2.4m by 60m in both directions would be retained as a result of reducing the roadside hedge to 1m. ### Planning History 6. The following previous planning applications are judged to be relevant to this application: The wider site has been the subject of a previous application, 06/01393/A which sought approval in principle for the residential development of Fields 311825, 311826, 311827, 314444 and 315097, Ballawattleworth Farm in accordance with the densities and indicative [Table omitted in markdown export] highway layout shown on the enclosed master plan. This application proposed a total of 458 dwellings. The Planning Committee resolved to refuse this application. 09/00521/B sought approval for a residential development of 43 dwellings including roads, drainage infrastructure and public open space. This was refused by the Planning Committee but was approved at appeal. 09/00883/R sought retrospective approval for the temporary storage of construction materials from housing development site, field 315097, adjacent to housing development under construction (Reayrt Ny Keylley). This was refused by the Planning Committee. 10/00215/B sought approval for the erection of seven dwellings, plots A37 to A43 of approved residential development (amendment to external house finishes approved under PA 09/00521/B). This was approved by the Planning Committee. 10/00544/B sought approval for a residential development of 101 dwellings with associated highway and drainage works, public open space and landscaping. This was approved by the Council of Ministers. 10/00665/B sought approval for the creation of a temporary construction access to serve residential development approved under 09/00521/B. This was approved by the Planning Committee. 10/01460/B sought approval for the creation of temporary construction compound and storage area to facilitate residential development proposed under 10/00544/B. This was approved at appeal. ### Planning Status 7. The site is identified within the Peel Local Plan as being Proposed Residential. Within the Isle of Man Strategic Plan the following policies are considered relevant to the determination of this application: General Policy 2, parts (h) and (i), and: Transport Policy 4 which states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." ### Representations 8. The Highways Division of the Department of Infrastructure does not object to this application. They comment that it would not have an adverse traffic impact. It is requested that the existing visibility splays should be retained and conditioned as such. In addition they state that the wheel wash shown by 10/00665/B should be retained. 9. Peel Town Commissioners recommend that this application be approved. 10. The owner/occupier of Meadowview, Poortown Road objects to this application stating that in 2005 they were unsuccessful in their application to form a new access on the other side of Poortown Road. 11. The owners/occupiers of Sea Peep, Poortown Road, Peel object to this application. They state that as they were granted Interested Party Status in respect of 10/00544/B to which this application relates, that they should be Interested Parties in respect of this application. Their grounds for objecting may be summarised as concerns that the original approval for the access (10/00665/B) has expired and as such the continued use of the access in breach of Condition 3 of that approval which requires the access to be closed off. Their objection goes on to set out concerns regarding the description of development stating that it does not mention that it is retrospective. It is requested that the Department issue a stop notice to prevent further use of the access and to then issue an enforcement notice which requires the applicant to construct the roundabout which formed part of 10/00544/B. No comments were made regarding the merits of the proposal. ### Assessment 12. The proposed construction access is acceptable to the Highways Division and as such it is judged that there would be no unacceptable impacts in terms of highways safety arising from the proposed development in accordance with GP2 and TP4. 13. The access would be in place for a temporary period pending the construction of the roundabout approved as the main access to the development approved under 10/00544/B. It is judged that the proposal is acceptable. ### Party Status 14. 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: Peel Town Commissioners 15. It is recommended that the following parties are not granted Interested Party Status: The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status. The owners/occupiers of Sea Peep, Poortown Road, Peel as their property does not physically adjoin the site. With regards to the points made in their representation, it should be noted that the red line of the application site for this application is significantly smaller than that of 10/00544/B. It is judged that the owners/occupiers of Sea Peep, Poortown Road, Peel do not meet any of the criteria set out by Planning Circular 1/06. The owner/occupier of Meadowview, Poortown Road, Peel as their property does not physically adjoin the site and are not judged to meet any of the criteria set out by Planning Circular 1/06. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 25.04.2012 ### 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 C 1. This permission relates to the creation of temporary construction access to serve residential development approved under PA 10/00544/B (retention of access approved under PA 10/00665/B, part of field 315097, Poortown Road as shown by 2313.131 and 2313.132 both submitted 6th February 2012. C 2. On the completion of the roundabout approved under 10/00544/B or the expiry of 2 years from the date of this permission, whichever is the sooner, the construction access hereby approved shall be closed up and the roadside boundary hedge restored unless planning permission for a longer period is granted. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : BERMIT Committee Meeting Date : 14 · 5 · 12 Signed : [Handwritten signature] Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate. YES/NO --- *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/2321-german-part-of-field/documents/1265916*