**Document:** Officer Planning Report
**Application:** 05/01708/B — Erection of a dwelling
**Decision:** Refused
**Decision Date:** 2005-12-15
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/79406-baldrine-land-between-newlands-new-build-dwelling/documents/1455298

---

# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations Mr & Mrs P Milligan<br/> Mr A Horsthuis<br/> Mr A Jessop ### Consultations [Table omitted in markdown export] ### Policy

### Officer’s Report

The planning application seeks approval for the erection of a dwelling on a parcel of land located between two existing dwellings on the main road through Baldrine, Lonan. The proposed dwelling takes advantage of the changing levels across the application site and is split level in design.

In terms of representations to the planning applications there have been comments received from Lonan Parish Commissioners, the Department of Transport’s Highways Division, the Department of Transport’s Drainage Division, three public third parties and the Isle of Man Water Authority.

Lonan Parish Commissioners have no objection to the principle of development as proposed by the planning application but do believe that care needs to be taken with regard to access, the treatment of trees and the means of sewage disposal.

The Department of Transport’s Highways Division has objected to the planning application on the grounds that they consider there to be insufficient details of the proposed access within the submission.

The Department of Transport’s Drainage Division has no objection to the planning application subject to the imposition of conditions and informative notes to any approval.

The owners and/or occupants of Brookside, which neighbours the application site, have objected to the planning application. The grounds for their objection can be summarised as concern that the proposed dwelling will overlook them, that the impact of the dwelling will be overbearing, that the position of the garage will cause undue noise disturbance, that the proposed access arrangements are inappropriate, that the loss of trees is unacceptable, that the existing sewerage system is running at maximum capacity and that the site is not zoned for residential purposes.

The owner and/or occupant of Glen Garwick, which is nearby to the application site has objected to the planning application. The grounds for their objection can be summarised as concern that whilst they have no objection to the principle of development the proposed dwelling, by virtue of its position, will be overbearing. They also have concerns about the ability of the existing sewerage system.

Andrew Jessopp has no objection to the planning application.

The Isle of Man Water Authority made no comment on the merits of the proposed development but requested that an informative note be attached to any approval.

In terms of assessment the application site is located within an area of predominantly residential use under the recently adopted Laxey and Lonan Area Plan. As such I would suggest that the principle of residential development is acceptable and that the issues to examine are the specifics of the proposed development.

I do not accept that the proposed dwelling, and its position, will adversely impact on the neighbouring properties. The site is a suitable size and the proposed dwelling is positioned appropriately. I do not accept that the garage will cause unacceptable noise disturbance or that the level of tree loss is unacceptable. The fact that the Drainage Division has raised no objection is taken as confirmation that the existing sewerage system is capable of accommodating the additional dwelling.

The applicant’s agent has responded to the Highways Division objection by stating what is shown on the drawing is what was requested by the Highways Division as a result of the applicant’s pre-application discussions. Whilst I have no reason to doubt that the applicant had pre-application discussions with the Highways Division I would have to share the concerns of the Highways Division in that the submitted drawings do not properly show the full extent of the visibility for the new access. Given the location of the application site it is essential that the effect of the proposed development on highway safety is acceptable. Due to this, and despite the counter argument from

the applicant's agent, I believe that it is inappropriate to grant approval whilst there is an objection from the Highways Division.

In conclusion, I recommend that the planning application be refused on the basis of the Highways Division's objection.

### Recommendation

**Recommended Decision:** Refused

**Date of Recommendation:** 05.12.2005

### 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**

## **R 1.**

The planning application fails to adequately demonstrate that appropriate visibility splays and sightlines for the new vehicular access can be achieved within the confines of the application site. Given the location of this proposed access it is contrary to the interests of highway safety and therefore inappropriate to grant approval without a safe means of vehicular access being suitably demonstrated.

## **O 1.**

This refusal is without prejudice to any subsequent planning application that demonstrates that a safe means of vehicular access (i.e. visibility splays and sightlines) to the site can be achieved.

**Decision Made :** _________________________
**Committee Meeting Date :** _________________________

---

*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/79406-baldrine-land-between-newlands-new-build-dwelling/documents/1455298*