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The application site is parcel of land occupied by the detached property known as Scravorley, Curragh Road, St Johns. The dwelling has no physical boundary between it and the large paddock/field to the north (which is in the same ownership along with several other fields) and this would seem to be a historic situation. It was noted on a site visit that a washing line was in use on the land to the rear of the property which would suggest that part of this paddock is used as the curtilage of the dwelling.
This application seeks approval for the re-positioning of gates and alterations to hedges and removal of trees to improve visibility. The works are partly retrospective with the access being created and a substantial hardcored area being installed to provide parking for the property. With the exception of the gap created for the access, the roadside hedging and trees remain. A site visit was carried out by the area planning officer and an officer form the Highways Division prior to the submission of this
application. Concerns were raised regarding the inability to provide adequate visibility splays and the impact that the works would have upon the character of the surrounding area.
The application seeks to retain the access and hardstanding. The proposal is concurrent with PA11/00810/B which seeks approval to remove and rebuild the bank in a different position in order to provide improved visibility splays. The works relating to PA11/00810/B would also include the removal of 6 mature trees and the lowering of 3 other trees (these are also shown in photographs which accompany this application).
It is set out that the works would provide off-road parking for the property (currently parking is on the other side of the road on land which is also in the ownership of the applicant). This is said to be of benefit for future work vehicles that will be required to carry out various improvements to the existing dwelling and would also allow the land to be farmed.
The removal of the bank and its re-alignment together with the removal of the trees (PA 11/00810/B) is stated to be in order to provide improved visibility to the access. A traffic mirror would be installed on the opposite side of the road to assist with visibility when leaving the access (a letter from the applicant dated 13th June confirms that 2 traffic mirrors have been installed and that these give 120 metres in each direction).
It is also set out that one of the existing trees leans into the highway causing buses to have to stray onto the other side of the carriageway. A letter accompanies the application from the Head of Operations at the Public Transport Division (dated 19th April 2011) which sets out that they support the removal of 2 of the Ash trees on either side of the access due to their encroachment onto the highway. They also support the removal or comprehensive 'limbing' of the remaining two trees located to the south side of the gateway.
The application is accompanied by a comprehensive description of what is proposed, the reason that the works are needed and why the works have been carried out without the benefit of planning permission.
The application site is located within an area identified as being within a wider area of High Landscape or Coastal Value and Scenic Significance. As the site is within the countryside, the following policies are relevant to the proposal:
General Policy 3, which states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 1, which states:
"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."
As the application proposes a new access onto a public highway, Transport Policy 4 is also relevant. This 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."
There are no previous planning applications considered relevant in the assessment and determination of this application.
The Highways Division of the Department of Infrastructure objects to this application as the proposed access does not provide safe egress onto a busy and fast strategic route. Traffic counts show that 85% of the vehicles using the road are travelling at 42mph. Visibility splays of 2 x 160 metres in both directions cannot be achieved (this could be reduced to 120 metres as there have been no recorded accidents in this locality). It is set out that the applicant has been advised that a "lay-by" may be a preferable option.
German Parish Commissioners
The owner/occupier of 108 Anagh Coar Road, Douglas objects to this application on the grounds that what is proposed would be a "prelude to the building of a small estate of houses" on what is an area of wetlands. The applicant has responded to these concerns by confirming that the only part of the site that is proposed to become residential cartilage is the new hardcored driveway and that this is intended to allow the parking of their car next to the house.
The main issues to consider in the assessment of this application are highway safety and impact upon the character of the area which is within the countryside.
Highway safety
It would seem that this application proposes only the creation of a hard core area leading from the highway to the dwelling, although it also mentions alterations to the field gate access. It does not seem to include the removal any existing trees or the realignment of the boundary bank (see 11/00810/B for these proposed works).
Any application for a new access must be able to demonstrate an acceptable level of safety in terms of visibility and general design so as to protect the safety of road users.
In this case, the applicant is seeking to create an area of off road parking adjacent to their property so that they no longer have to park on the opposite side of the road. Whilst this is understandable, the new access must meet certain standards in order to be deemed safe. The Highways Division has assessed the proposal and on the basis of what has been submitted object to the development as it would not provide adequate visibility splays, despite the proposed removal of several trees and the realignment of the roadside boundary bank applied for under concurrent application 11/00810/B.
On this basis the proposal would fail to meet TP4 in that the proposed access would not be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by the existing dwelling in a safe and appropriate manner.
GP3 sets out the forms of development that may be acceptable within areas that are not designated for development. New accesses are not an exception that is listed by the policy although depending on their impacts and the need that is demonstrated these can be deemed to be acceptable.
In this case the proposed access would require significant changes to the existing roadside boundary including the removal of several mature trees and the modification of the boundary bank. Whilst these are not proposed by this application, they are proposed by 11/00810/B. Without the removal of any trees or the realignment of the hedge, visibility at the access when leaving the site is severely limited to only a few metres in each direction.
TP4 requires new accesses to be in accordance with the environmental objectives of this plan. These objectives centre around the protection of the countryside from development that would harm it (EP1). The proposal does not include any works to create better visibility (although 11/00810/B does).
The area of hardstanding would not be visible from the highway if the roadside boundary and trees were to be retained however this is proposed under a different application.
It would appear that the application relates only to the area of hard standing and not to the entire field to that surrounds the dwelling. In isolation, this is likely to be marginally acceptable as it would have limited impacts however it is not possible to ignore the damaging effects that the development would bring in terms of the loss of trees and augmentation of the boundary hedge.
The proposed access would provide inadequate visibility splays and as such would prejudice highway safety, contrary to TP4. Furthermore, the loss of several mature trees and the lowering and realignment of the existing sod bank would cause unacceptable visual harm to the locality. Whilst the applicant's intentions to create parking on the same side of the road as their property are understood, the consequences of the development proposed are judged to be unacceptable. The comments received from the operators of Bus Vannin suggest that the removal of some of the roadside trees would benefit them as some overhang the road causing buses to have to cross the central road line. However, it would appear that the bus route has operated for a long period and there has been no previous attempt to resolve this issue as far as can be ascertained. Furthermore, the Highways Division has reported no incidents in this location.
It is not considered that there is sufficient justification for the proposal to outweigh the harm to the area in terms of highway safety and visual intrusion.
Refuse.
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:
German Parish Commissioners.
Accordingly the following parties are not granted Interested Party Status:
The owner/occupier of 108 Anagh Coar Road, Douglas is not located close enough to the application site and does not accord with any of the criteria set out within Planning Circular 1/06.
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.
Recommended Decision: Refused
Date of Recommendation: 12.07.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. Whilst the motives for constructing an access and hardstanding area to serve the property Scravorley are understood, the proposed access does not provide adequate visibility in either direction and as such would be prejudicial to highway safety contrary to Transport Policy 4 of the Strategic Plan.
R 2. Whilst not proposed by this application, the creation of the vehicular access would require substantial alteration to the boundary bank and the removal of several mature trees. This would be harmful to the character of the surrounding area contrary to Environment Policy 1 of the Strategic Plan.
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 : Refused Date: 26/7/11
Signed: Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed: Jennifer Chance Development Control Manager
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