18 May 2005 · Minister (John Rimington MHK) on appeal, upholding Planning Committee refusal
Ballarioghyn Mansion, Ballavale Road, Santon, Isle Of Man, IM4 1eh
The proposal sought permission to retain a track formed by scraping the field and laying hardcore from an existing field gate on the A5 Castletown Road to serve stables and an indoor riding arena at Ballarioghyn Mansion. The track was created during construction of the stables but the application was retrospective.
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The inspector concluded the main issue was whether retaining the hardcore track would increase use of the existing field gate, causing significant hazard on the A5.
Planning Policy Guidance Note 13
Requires visibility splays of 2m x 160m for accesses in 50mph zones on strategic routes like A5. Access provides only 60m to oncoming traffic, less than 80m stopping distance; presumption against new minor accesses. Failed highway safety test despite existing gate.
Multiple objections from neighbouring landowners, Santon Parish Commissioners, and Department of Transport Highways Division to the retention of a construction access track onto the A5 highway due to road safety hazards, nuisance, and inaccuracies in the application; no supporting responses.
Key concern: dangerously inadequate sight lines onto A5 at 50mph near bend
Mr M A Kennish & Mrs P A Kennish
Objectionthe distance between the point from which a driver can see the entrance on exiting the bend and the position of the gate is less than the overall stopping distance for a vehicle travelling at the permitted speed on that section of road, ie 50 mph; The stopping distances for a vehicle travelling at 50mph is 53 metres; This access onto the A5 Primary Route with 50mph speed limit has dangerously inadequate sight lines
Santon Parish Commissioners
ObjectionThe access onto the fast A5 road that is the subject of the application is considered to be extremely hazardous, even dangerous, without assistance to stop traffic around the adjacent corner
Department of Transport Highways Division
ObjectionThis access onto the A5 Primary Route with 50mph speed limit has dangerously inadequate sight lines.; Such traffic, by slow moving tractors and trailers of HGVs would not only impede traffic on this primary route, it would be contrary to the interests of road safety.
The original application for retention of a hardcore track created during stables construction was refused by the Planning Committee primarily due to inadequate visibility at the A5 access, increasing traffic hazard risks. The appellant argued the track's existing use, benefits for access and mud prevention, lack of accidents, and willingness to accept visibility conditions. The Council, Parish, Department of Transport, and neighbours objected citing poor visibility splays, accident history, and increased use of a substandard access near a bend. The inspector found retention would incentivise intensive use by slow-moving vehicles, creating significant danger despite existing alternatives, and rejected claims of prior approval for lack of evidence; no visual or amenity harms were found. The appeal was recommended for dismissal on 3 May 2006.
Precedent Value
Demonstrates inspectors will refuse track retention if it facilitates increased use of substandard highway accesses on strategic roads, even for existing lawful gates; future applicants must prove no material usage intensification and provide robust evidence including visibility compliance.
Inspector: David G Hollis
