**Document:** Planning Officer Report **Application:** 09/01270/R — Creation of temporary construction road and permanent field gate **Decision:** Permitted **Decision Date:** 2009-10-13 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63497-lonan-proposed-dwelling-at/documents/1382535 --- # Planning Officer Report **Application No.:** ** 09/01270/R **Case Officer:** Mr Gary Barr ** **Applicant:** ** Mr Mike Clarke ** **Proposal:** ** Creation of temporary-construction road and permanent field gate ** **Site Address:** ** - Proposed dwelling at Barroose Farm - Barroose House - Barroose Road - Baldrine - Isle of Man ** **Recommendation:** ** Permitted ### Consultations - [ ] Highways Division - [ ] Do not oppose - [ ] Lonan Parish Commissioners - [ ] Refuse ### Representations - **Upper Balladhoo Baldrine Road** - **Lonan Isle of Man** - **Objects to the proposal** ### Planning ## Officer's Report The application is before the Planning Committee due to the fact that the officer is recommending an approval and the Local Authority has made written representations objecting to the application. #### The Site The application site is located to the west of the residential curtilage of Homestead, Barroose Road in Baldrine. It is situated within field 612629 and the disused quarry at Barroose House, to the west of Baldrine. #### The Proposal This retrospective planning application is seeking approval for the creation of a temporary access road at the previously approved dwelling at Barroose Farm, Barroose House under planning application PA 07/00888/B. The construction road would be type 1 hardcore and would run along the north and western residential boundary of Homestead to the new dwelling at Baroose Farm. Once the works have been completed a new permanent field gate would be installed at the entrance of the temporary road and the hedges made good. #### Planning Status The application site is located within an area of "Open Space" on the Laxey and Lonan, Local Plan (Map 2), 2005. Policy EP1 seeks to protect the countryside and its ecology for its own sake. There are no other policies within the Isle of Man Strategic Plan 2007 considered specifically material to the assessment of this current planning application. #### Planning History The following previous planning applications should be considered in the assessment and determination of this application: PC Agenda 09.10.2009 PA 05/01603/A - Approval in principle for the erection of a two storey detached dwelling to replace existing redundant agricultural storage sheds - Approved at appeal PA 07/00473/B - Erection of an extension to an existing agricultural building - Permitted PA 07/00888/B - Erection of a dwelling with associated wind turbine, solar panels and landscaping - Permitted PA 09/01334/B - Erection of a dwelling (comprising amendments to PA07/00888B) - Pending REPRESENTATIONS Lonan Parish Commissioners have recommended refusal of the application on the grounds that there were adequate alternative routes of access to the site and that there is no requirement for the retention of the new gateway. They believed that the matter of access was foreseeable and that the required planning application and permission should have been sought prior to the works commencing. They note that despite the retrospective application, works and usage of the unauthorised access have continued. The Department of Transport Highways Division do not oppose as there would be no traffic management, parking or road safety implications as a result of the application. The owner and / or occupier of Upper Balladhoo, Baldrine Road, Lonan has objected to the retrospective planning application. Under PA 07/00888 for the erection of a new dwelling on the site the plans do not show any new access. On the application form the applicant confirmed that the proposed development does not involve the creation or alteration to a vehicular or pedestrian access to any highway. After the enforcement officers visit the applicant further widened the road and removed a further section of hedge. The road is used by large vehicles removing materials from the site and to tip waste in the quarry. Due to the location of the entrance large vehicles are eroding the sod-covered hedges and in many places the hedges have now collapsed. The road is dangerous to all road users. There is an existing road which leads across the field and onto Baldrine Road from the owners house and there is an access to the site from Barroose Road. ## ASSESSMENT Whilst the planning application is made retrospectively as the road and gateway are already been used, this should neither advantage nor disadvantage any assessment. Longstanding practice has established that the planning application should be assessed solely in terms of its planning merits as if the development had not been commenced, even though in this case, the works and usage of the road has continued. The access to the approved dwelling is to be via the existing roadway/access to the farm (Homestead), however this is limited in width and use by construction vehicles would cause disturbance to existing occupiers. It is considered that the temporary construction road provides for a better alternative, with a more direct access to the site and avoiding the existing property. After visiting the area it is considered any amenity issues generated by vehicles would only be temporary. The condition of the road; the volume and frequency of vehicles. PC Agenda 09.10.2009 which may be affected by the temporary road appears to be relatively low. This is further supported by the Department of Transport Highways Division who state that they do not oppose the application, as there would be no traffic management, parking or road safety implications as a result of the application, which is taken as evidence that the proposal does not cause undue harm to any road user i.e. car drivers, cyclists or pedestrians. It is unclear from the objectors statements where the alternative routes to the site are (other than the existing road), but it is believed the siting of the road away from the property of Homestead and approximately 20m away from Upper Balladhoos residential curtilage would be an acceptable distance and route of access to the site, and would have a limited impact on residential amenity. The temporary construction road is located along the boundary of field 612629, which is a minor area within a large landscape. With the road sited behind a raised sod bank and hedges, this removes the possibility of viewing the temporary road from most viewpoints along Barroose Road and the wider area, unless relatively close to the access road itself, which reduces the visual impact of the proposal on the locality. It is acknowledged that the scar on the landscape and surrounding hedges which has since occurred is not ideal, but this has been necessary to provide acceptable visibility for vehicles exiting the site. It is stated within the application that the hedges and field would be made good after construction of the dwelling (which would be conditioned to ensure that the locality would be returned to its original state) to ensure that the character of the surrounding countryside would be protected. In regard to the comments from the commissioners which stated that there is no requirement for the retention of the new gateway, this is considered to have a minimal impact on the environment resulting in no demonstrable harm that a refusal could not be warranted. **RECOMMENDATION** For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. **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: - The Department of Transport Highways Division - Lonan Parish Commissioners - The owner and/or occupier of Upper, Balladhoo, Baldrine Road, Lonan **Recommendation** **Decision Recommended by the Director of Planning and Building Control:** Permitted **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 PC Agenda 09.10.2009 C 1. This approval relates to the submitted Drawings K050/P/10-200 and K050/P/10201 received on 30th July, 2009. C 2. The entrance to the access road hereby permitted shall be realigned and the hedges restored in accordance with Architectural Drawing K056/P/10-201, received on 30th July 2009, within 3 months of the completion of the approved dwelling. C 3. The temporary construction road hereby permitted shall be discontinued and the land restored to its condition immediately prior to its construction, within 3 months of the completion of the approved dwelling or prior to occupation of the dwelling, whichever is the sooner, as stated in Architectural Drawing K056/P/10-201 received on 30th July, 2009. --- *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/63497-lonan-proposed-dwelling-at/documents/1382535*