20 September 2011 · Minister for Infrastructure (following Inspector's report), by order of Chief Executive I T Thompson
Field 122228, Loop Road, West Craig, Ramsey, Isle Of Man, IM7 3bx
The proposal involved forming a new 10m wide opening in the sod hedge along Loop Road for a field gate set back 6m with a 15.5m wide bell-mouth entrance to serve agricultural Field 122228, addressing issues with the existing shared access serving both the field and the nearby dwelling Archdeacons Close.
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The inspector concluded that while the proposal would cause some limited harm to the landscape character by reducing the enclosure of Loop Road through loss of ~10m sod hedge and introducing a wide be…
Environment Policy 1
Requires protection of countryside from adverse development unless overriding national need with no alternative. Officer found visual harm from hedge loss not justified by limited benefits; inspector found agricultural essentiality and amendments outweighed limited harm, treating as exception under GP3.
General Policy 3
Prohibits development outside zoned areas except essential agricultural operations (part f). Officer deemed not essential as existing access workable; inspector disagreed, finding proposal necessary for efficient modern machinery use on recently acquired arable land, no evidence existing access adequate.
The Role of Landscape Character in Development
For Undulating Lowland Plain, conserve enclosed rural roads and minimise roadside hedge loss to avoid suburbanisation. Officer cited hedge loss as conflicting; inspector noted 18 existing accesses along road, amendments with sod banks mitigate to limit intrusion.
Time limit
The development hereby permitted shall commence before the expiration of 4 years from the date of this notice.
Approved drawings
This approval relates to the creation of a field access as proposed in the submitted documents and drawings ADR-E7 (received by the Department of Infrastructure on 8 June 2011), ADR-E/3 Revision A (received by the Department of Infrastructure on 18 July 2011) and ADR-E/4 Revision B (attached as Appendix C to the Statement of Case on Behalf of Arthur Radcliffe by Patricia S Newton dated November 2011).
Sod banks details
Prior to the commencement of the development full details of the new sod banks to be constructed at the sides of the proposed access shall be submitted to and approved in writing by the Planning Authority. The details to be submitted shall include details of the dimensions of the banks, the materials to be used in their construction, the means of construction and the hedge and other planting to be undertaken. Construction of the sod banks shall be completed in accordance with the approved details prior to the new access being brought into use, and the hedge and other planting shall be completed in the first available planting season after completion of the construction of the sod banks.
Bell-mouth surfacing
Prior to the commencement of the development full details of the surfacing of the area of the bell-mouth between the carriageway of Loop Road and the gateway shall be submitted to and approved in writing by the Planning Authority. That area shall be surfaced in accordance with the approved details prior to the new access being brought into use.
support proposal to separate shared access with field; heavy machinery damages right-of-way making it impassable on foot and to domestic vehicles; causes flooding and verge damage; improved visibility needed
no objections
visibility splays of 2x36m achievable on amended plans; low traffic speeds on narrow road; no objection to 11/00792/B but deferral noted for this
essential for efficient arable farming with large machinery; resolves shared access issues; minimal net hedge loss with compensatory closure elsewhere; aligns with agricultural policy support
The original application for a new field access was refused by the Development Control Manager due to adverse visual impact on the countryside contrary to Environmental Policy 1 of the Isle of Man Strategic Plan. The appellant (farmer Mr Arthur Radcliffe) and second appellants (owners of adjacent Archdeacons Close) argued agricultural need for large machinery access, better visibility, separation from residential use, and minimal landscape harm especially with amended sod bank design. The Council defended the refusal emphasising visual harm from loss of sod hedge and lack of essential agricultural justification. The Inspector found the proposal essential for efficient agriculture under General Policy 3(f), benefits residential amenity outweighing limited landscape harm (mitigated by conditions), and recommended allowance on amended scheme. The Minister concurred and allowed the appeal on 26 April 2012.
Precedent Value
Establishes that field accesses can exceptionally qualify under GP3(f) where proven essential for modern efficient agriculture on countryside land, especially with landscape mitigation and amenity benefits; applicants should provide machinery specs, usage evidence, and amended sympathetic designs.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
