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Application No.: 09/00339/B Applicant: Hartford Homes Ltd Proposal: Amendments to site access Site Address: Part Of Field 2368 Croit E Caley Colby Isle Of Man ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Rushen Commissioners Notes: No objections
The site represents the residential curtilage of an existing, almost completed dwelling situated on the eastern side of the Croit-e-Caley Road, between The Level (railway crossing) and a cluster of dwellings focussed on The Level - the junction of the Croit-e-Caley Road and the A7 Main Road between Ballakillowey and Colby. The dwelling is a substantial one, set back from the Croit-e-Caley Road by 20 m with a projecting garage which comes within 6.5 m of the highway. Presently, access to the property is from a side lane which runs to the north of the site and gives access to the agricultural land to the east of the application site.
The frontage of the site to the Croit-e-Caley Road is formed by a stone wall.
The site lies within an area designated for proposed residential use on the Arbory and East Rushen Local Plan. The site is the subject of a development brief within the Written Statement which states: "Development shall be limited for a single dwelling...the new dwelling must resemble a traditional Manx farmhouse complying with policies 2-7 of Planning Circular 3/91...all development proposals must be accompanied by a landscaping scheme designed to soften the impact of the dwelling and any outbuildings from both adjacent property and the railway line...and...the applicant is recommended to consult the Department of Transport with respect to the provision of adequate
access to and drainage of the site. No application will be approved where this is not supported by the Department of Transport".
Planning permission was sought and refused for the erection of a dwelling on this site under PAs 93/0867 and PA 96/0544. Permission was granted for the erection of a dwelling on the site under PAs 99/1533 and PA 02/1097 and extensions to the permitted dwelling refused under PA 06/0906 but a different scheme of alterations permitted under PA 07/1350.
Proposed is the alteration of the access to the property from an opening from the side lane to a new access positioned on the corner of the property. The applicant suggests that the existing approved access does not provide satisfactory manoeuvring space or visibility splays and that the new access will remove the need to use land over which they have a right of access but do not own. The access will be curved back into the site with new stone walling and will result in the loss of 5.9 m of existing stone frontage wall. The new walling will rise to pillars which will be 2 m including coping with the same gates in the centre as were designed for the previously approved scheme.
Department of Transport Highways and Traffic Division indicate that they have no objection to the application.
Rushen Parish Commissioners indicate that they have no objection but suggest that owners of the party wall along the lane may have concerns - no such comments have been received.
The new access will make access easier and safer and will remove the use of a shared access, which is seldom convenient for any of the users. Whilst the removal of part of the stone wall is unfortunate, the local plan requirements require a safe access and discuss only the design of the property and its impact on neighbours rather than the impact on the streetscene. The streetscene has a variety of properties including more modern ones and with expanses of driveway, immediately to the north and in the case of the two new dwellings on the western side of the junction of the Croit-e-Caley Road with the A7.
As such, whilst there will be some impact from the new access and the removal of the frontage walling, the benefits to road safety and the existence of other large access/parking areas result in a conclusion that the proposal is acceptable.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Permitted Date of Recommendation: 14.04.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the alterations to the permitted access to the dwelling, all as shown in drawings received on 27th February, 2009.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : ..... 16/4/9 Signed : ..... Naldale Senior Planning Officer
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