27 February 2009
Field 434764, Douglas Road, Ballasalla, Isle Of Man, IM9 2bd
The proposal involves approval in principle for highway realignment and a roundabout on part of fields 432607, 434113 & 434764 adjacent to Glashen Close on the A5 Douglas Road in Ballasalla, including a section of public highway.
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General Policy 3
Requires no development outside zoned areas except specific exceptions (e.g. agriculture, conversions). Officer assessed proposal does not comply with any exceptions as no overriding need shown for highway works in protected landscape.
Multiple public objections and one parish objection cite prematurity, traffic safety issues, and lack of strategic planning context for the proposed highway realignment and roundabout, while DOT Drainage Division offers conditional no objection and DOT Highways objects requiring a transport assessment.
Key concern: Prematurity ahead of area/village plan and lack of comprehensive strategic context
DOT Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: There must be no discharge of surface water from the proposed highway scheme to any foul drainage system; The applicant is required to agree with the surface water disposal route with the Drainage Division prior to submitting any reserved matters application
Malew Parish Commissioners
ObjectionThey object to this planning application. It should be rejected until such time as it is contained within an application showing the purpose it would serve; the requirement for it, and also the time scale within which the entire scheme would be completed.
DOT Highways Division
ObjectionObjection; A transport assessment will be required due to proposed road realignment
The original application by the Department of Local Government and the Environment (DLGE) for full planning permission for 257 dwellings, including affordable housing and Clagh Vane redevelopment, on Proposed Residential zoned land adjoining Abbots Way was recommended for refusal by the Planning Directorate but proceeded to public inquiry. Appellant argued compliance with the Strategic Plan (SP), adequate open space, drainage, highways, and phasing, supported by technical evidence and Tynwald's development agreement. Third parties (Malew Parish, residents, SPMC&E) objected on prematurity without Area Plan, traffic congestion, flooding, inadequate social facilities, design, density, and infrastructure. Inspector John S Turner found partial SP compliance but conflicts with Spatial Policy 2/3 and Housing Policy 4 due to no Area Plan, unacceptable density increase, poor design/landscape, traffic impacts, and prematurity without by-pass/school commitments, recommending refusal. Prior appeals AP2089/2091 for access (applications 02/1480/1481) were dismissed by Inspector R E Wilson for inadequate sight lines and poor roundabout design prejudicing highway safety. Outcome: appeal recommended dismissed (06/02245/B); prior access appeals dismissed.
Precedent Value
Demonstrates strict SP interpretation excluding villages from 'sustainable urban extensions'; large schemes on zoned land require Area Plan context and infrastructure (by-pass/school) before approval. Applicants must secure control over open space contributions and prioritise phasing for local needs.
Inspector: John S Turner BA(Hons), FRTPI, MRICS, FGS
