Officer Report

Application No.: 25/90260/B Applicant: Mr James Mylchreest Proposal: Creation of new vehicular access onto highway Site Address: Ballagarey House Main Road Glen Vine Isle Of Man IM4 4AZ Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.06.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The access hereby approved shall not be operated until it has been constructed in full accordance with details shown on drawing numbers 1B and 2B, including access arrangement, parking and turning areas and visibility splays, and shall be retained as such thereafter for access purposes only. Reason: In the interests of highway safety.
• C 3. The visibility splays shall be constructed in full accordance with the details shown on drawing numbers 1B and 2B and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.

• N 1. The applicant is advised that allowing surface water run off would contravene Section 58 of the Highway Act 1986 and guidance in the Manual for Manx roads and the applicant should comply with those clauses.
• N 2. The applicant/land owner is reminded that a separate S109 highway agreement may be needed for any works connecting to the highway ie. dropped kerbs and separate advice from DOI should be sought. This application has been recommended for approval for the following reason.

The proposed access has no negative impact on the character or appearance of the area and highway safety id considered to be acceptable subject to condition. The proposal is considered to comply with Strategic Policy 5, General Policy 2 (b, c, g, h and i) and Environment Policy 42 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval.

Plans/Drawings/Information; This approval relates to the following:

• - drawing number 1B
• - drawing number 2B
• - copy of tree licence no. 242/25
• - Manx Roots Tree Report
• - agent covering letter and copy of emails dated 08th April all date published online 09/04/2025
• - drawing number 3
• - 2 x photosheets both date published online 10/03/2025

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Commissioners - no objection
• o Department of Infrastructure Drainage Services - no objections It is recommended that the following organisations should be given the Right to Appeal:
• o Department of Infrastructure Highway Services - no objection subject to conditions, not all of which have been applied (boundary fencing condition not applied)

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application relates to an existing dwelling known as 'Ballagarey House', Glen Vine. - 1.2 The existing house is currently accessed by a gate and driveway between the house and the barn.

2.0 THE PROPOSAL - 2.1 The dwelling and barn are being sold off separately and so this application seeks approval for a new separate driveway access for the dwelling only. - 2.2 The proposed new vehicular access is to replace the existing pedestrian gate and includes the creation of new curved walls inwards to a new 4.2m wide gate set back 6m from the edge of the road. The new wall will be 1m tall and with taller pillars either side of the gate. - 2.3 The first part of the access is proposed to be finished in bitmac, and the internal driveway parking area in gravel.

- 3.0 PLANNING HISTORY

3.1 There has been two previous application on the site of the barn next door, PA 99/00972/B approved for a tractor shed and PA 02/00045/B for the conversion of the barn to guest accommodation.

4.0 PLANNING POLICY Site Specific

4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East 2020. The site is not within a conservation area, is not recognised as being at any flood risk and is not within a registered tree area.

4.2 Relevant policies of Area Plan for the East 2020

• o None

4.3 Relevant policies of Strategic Plan.

• Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required) o General Policy 2 - (b, c, g, h and i) - general standards towards acceptable development including visual and amenity impacts and highway safety matters o Environment Policy 42 requires development in existing settlements to be designed to take account of its particularly character and identity, both in terms of existing buildings and landscape features. o Community Policy 7 - designing out crime o Community Policy 11 - prevention of outbreak and spread of fire o Infrastructure Policy 5 - water conservation and management measures

4.3 PPS and NPD

• None

- 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation o Permitted Development Order 2025 - Class 16 allows for fencing within existing residential curtilages, and states "1 metre if positioned nearer than the dwellinghouse to any highway or private road which bounds the curtilage; or ii) 2 metres in any other case;" - 5.2 Policy/Strategy/Guidance

• o Manual for Manx Roads - parking, visibility standards, and accesses. Section B.4.1 states: "The general rule is one access point to and from a property. More than
• one access point increases the potential for traffic conflict. Applications for two access crossing to a single property or a second access point where one already exists require you to provide strong evidence that it will add significantly to highway safety." o Residential Design Guide - Sections 6.3 driveways, 7.0 impact on neighbours.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. 6.1 Marown Commissioners - no objection (email dated 26/05/2025).

6.2 DOI Highways Drainage - comments (24/04/2025) allowing surface water run off would contravene Section 58 of the Highway Act 1986 and guidance in the Manual for Manx roads and the applicant should comply with those clauses.

6.3 DOI Highway Services - - do not oppose subject to condition (09/04/2025)- initially raised concern or a second access to the property, but additional information provided showing subdivision of site and do not oppose subjection to condition for the access, visibility splays, parking, turning and boundary fencing being implemented before first occupation and retained thereafter. A S109 highway agreement also to be added for any dropped kerb.

6.4 The following were consulted but not response received at the time of writing the report 10/06/2025: o Manx Utilities - Electricity

- 7.0 ASSESSMENT

7.1 The key issues to consider in this case are:

• i. Principle of development
• ii. Visual appearance
• iii. Highway safety
• iv. Trees
• v. Boundary treatment
• vi. Any other matters

7.2 Principle of Development

• 7.2.1 The site is situated along an arterial route running through Glen Vine and which is bound on both sides by linear residential development, most, if not all, having their own accesses and driveways. The land is designated for residential development and the proposed access would service a residential property so acceptable in principle.

7.3 Visual Appearance

7.3.1 The character of the area is formed by the linear residential development stretching along both sides of the road. There is already an array of styles and sizes of access along the road and the proposal would sit amongst this already varied streetscene. The proposal would not be out of keeping nor is it expected to result in any adverse visual harm to the linear residential character and appearance of the area.

7.4 Highway Safety

• 7.4.1 Initial concern was raised by DOI stating "additional vehicular accesses to a property are not supported as per Manual for Manx Road standards unless the existing gate is closed/walled up or the existing gate is fenced off/converted for use for another property".

• 7.4.2 The existing access is not being closed off and the proposed new access remains as detailed on the plans. Additional information has been provided showing an internal fence being erected and the new access being for the house and the existing access for the barn. The fence is detailed to be of a design falling within the tolerances of the PDO 2025.
• 7.4.3 Highways have indicated they do not oppose subject to condition for the access, visibility splays, parking, turning and boundary fence being provided prior to first use and retained thereafter.
• 7.4.4 The safety of the proposed access has not been doubted by DOI, only the number of accesses. Guidance in the MfMR indicates that generally additional access are not to be supported. The proposal in this case is that the red line relates only to the dwelling and this currently relies on a shared access with the barn which is outside of the red line as the barn is indicated to be being sold separately. The dwelling is therefore seeking its own independent access and so not at odds with general guidance. DOI have requested that the boundary treatment also be installed by condition, however it is felt that demanding such by condition would be somewhat unreasonable in this case. Often there is no boundary treatment between properties, such an arrangement can allow for better vehicle manoeuvring or for car doors to open out and over the neighbour's driveway or garden area whereas a fence or wall may limit this. Should the landowners wish to install a fence in the future, it is clear that the Permitted Development Order conditions for fencing would apply, and such condition help to protect visual amenity, as well as being less than 1.05m as to not obstruct any highway visibility.
• 7.5 Trees

• 7.5.1 The removal of the trees does not appear necessary to facilitate the development in this case however, information has been provided to demonstrate that their removal has been approved by separate tree felling licence under Licence No 242/25. There are no planning issues in this regard.

7.6 Boundary Treatment

7.6.1 The application has been provided with information showing that a boundary fence could be erected along the dwellings boundary between the house and barn. This fence is shown to align with the Permitted Development Order (PDO) being 1m where it's closest to the road and 2m beyond the building line. The erection of fencing is not to be conditioned as part of this application as explained in 7.4.4 and in any case fencing or other boundary treatment could be erected here under the PDO.

7.7 Any other matters

• 7.7.1 Highways Drainage have commented on the application highlighting that surface water should not be allowed to flow onto the highway. A note will be added to remind the applicant of their obligations under the Highway Act 1986 in this respect.

• 7.7.2 The proposal is not expected to result in any new or increased issues in respect of risk of fire, community safety or water conservation.
• 8.0 CONCLUSION

8.1 The proposed access has no negative impact on the character or appearance of the area and highway safety is considered to be acceptable subject to conditions to ensure the access, visibility splays and turning areas are built in full accordance with the plans. The proposal is considered to comply with Strategic Policy 5, General Policy 2 (b, c, g, h and i) and Environment Policy 42 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

The proposed driveway has no negative impact on the character of the area and highway safety. It is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 12.06.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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