10 May 2012 · Minister for Infrastructure (via Chief Executive I T Thompson)
Field 315982, Curragh Road, St Johns, Isle Of Man, IM4 3ln
The proposal sought retrospective permission for a hardcore hardstanding area measuring about 24m x 10m adjacent to Scravorley house, used for storing agricultural vehicles, machinery, equipment, and animal feed, and to reposition the existing field access gate 3.5m back from the A3 Curragh Road to allow it to open inw…
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The independent inspector identified two main issues: impact on rural character and highway safety. The hardstanding was deemed to make 'a minimal impact' as it is 'secluded from public view by the ro…
General Policy 3
Restricts development in countryside outside zoned areas except essential agriculture/forestry operations. Officer found hardstanding/access acceptable as agricultural and not prominent; inspector concurred no unacceptable harm as boundary unchanged and screened.
Environment Policy 1
Protects countryside/ecology from adverse development unless overriding need. Planning Authority accepted minimal impact (shielded hardstanding, no boundary changes); inspector agreed 'minimal impact on character and appearance of this rural area' due to screening.
Environment Policy 2
Protects areas of High Landscape or Coastal Value and Scenic Significance. Inspector explicitly found hardstanding complies as screened from view.
Transport Policy 4
Requires highways safe for generated traffic. Authority refused for inadequate visibility on strategic A3; inspector overruled as pre-existing access, gate move beneficial despite visibility limits.
Plans reference
This approval relates to the creation of a hardstanding for agricultural use (retrospective) and the re-positioning of an access gate at Field 315982, Scravorley, Curragh Road, St Johns, as shown on the location plan and site plan received on 30 December 2011.
Time limit for gate
The re-positioned gate should be erected/installed within four years of the date of this notice.
Gate setback
The re-positioned gate should be positioned/sited a minimum distance of 5m back from the edge of the adjacent Curragh Road/A3.
Gate opening
The re-positioned gate should, when erected/installed, open inwards and away from the adjacent Curragh Road/A3.
support the proposal in the interests of safety; allow off-road hardstanding/parking for premises and livestock tending; longstanding gate/field use by farmers and for Tynwald Day parking; not a new entrance
Highways Division recommends refusal due to inadequate visibility splays for the new vehicular access on the strategic A3 route, while German Parish Commissioners consistently express no objection and support the application for safety reasons.
Key concern: Unable to achieve required visibility splays of 2.4 x 160m (or reduced 120m) for new access on A3 strategic route
Highways Division
ObjectionRecommend refusal; In accordance with PPG13 (Planning Policy Guidelines 13) visibility splays of 2.4 x 160 metre splays are required; This could be reduced to 120 metres due to the fact that no accidents have been recorded at this location; Google images of the site clearly show that there was not an existing vehicular access at this location
German Parish Commissioners
No ObjectionMy Commissioners have no objection to this application
German Parish Commissioners
SupportMy Commissioners wish to support this appeal; Curragh Road is a very fast road and the Commissioners feel that in the interests of safety Miss Corrin should be allowed some off road parking at her premises and she should be allowed off road parking whilst tending her livestock in the field; There has always been a gate into the field in question which has for many years been used by farmers and for parking on Tynwald Day therefore this is not the creation of a new entrance; The loss of any trees necessary to widen the existing gateway for access would be acceptable if a safer access is thus created
The original application for creation of hardstanding for agricultural use (retrospective) and repositioning of a roadside access gate was refused by the Planning Authority, primarily due to highway safety concerns related to inadequate visibility splays on the A3 strategic route. The appellant argued the hardstanding was screened and necessary for agricultural storage, the access was long-established, and gate repositioning would improve safety. The inspector found the hardstanding had minimal visual impact in the rural High Landscape Value area and the gate repositioning would enhance safety for an existing agricultural access, rejecting the council's view of it as a new access. The Minister accepted the inspector's recommendation to allow the appeal subject to conditions, including gate installation details.
Precedent Value
This appeal shows inspectors may allow retrospective agricultural hardstanding and safety improvements to longstanding rural accesses even on strategic roads with poor visibility, if visual impact is minimal and changes enhance existing safety. Future applicants should prioritise evidence of historical use and targeted safety benefits over full compliance with ideal standards.
Inspector: Ruth V MacKenzie
