4 December 2020 · Planning Committee
Land Parcel Adjacent To, Ballasalla House, Bridge Road, Ballasalla, Isle Of Man, IM9 3dq
The proposal sought approval in principle for a four-bedroom bungalow of approximately 4000 sq ft with double garage and conservatory on an undeveloped field (Field 434082) adjacent to Ballasalla House, accessed via a private lane off Bridge Road.
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The Planning Committee declined the officer's recommendation for approval, determining that the development constituted unacceptable development in the countryside on land not designated for developme…
General Policy 3
Prohibits development outside areas zoned on Area Plans except in specified exceptions (e.g. agricultural housing, conversions). Officer found partial compliance as sustainable extension but Committee ruled strict failure for countryside location.
Environment Policy 1
Protects countryside outside settlements or non-designated land unless overriding national need. Site in countryside; refusal due to adverse effects outweighing benefits.
Environment Policy 2
Protects AHLV unless no harm to character. Site in AHLV; officer argued low impact but Committee found landscape harm.
Environment Policy 4
Prohibits harm to protected species/habitats. Refusal for lack of PEA to confirm no impact on potential wildlife in hedges/trees.
Strategic Policy 1
Requires best use of resources, efficient sites using infrastructure. Officer supported as utilising Ballasalla services but overruled.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates development in towns/villages or extensions; countryside exceptional. Officer viewed as extension but Committee did not.
Strategic Policy 4
Protects landscape, heritage, ecology. Refusal cited ecological uncertainty.
Housing Policy 4
New housing in towns/villages or extensions; countryside exceptional. Officer applied positively for village location.
No objection subject to conditions on access, parking, visibility and reserved matters details after additional information addressed safe access and lane use.
No objection to principle if supported by tree protection plan per BS5837:2012.
Requires Preliminary Ecological Appraisal prior to determination due to potential interest.
No objection.
Highways objects to the application due to inadequate access, visibility splays, and lane capacity; multiple neighbouring residents (Mill Kent, Ballasalla House, Stables at Ballasalla House) strongly object citing access issues, privacy, tree impacts, housing density, and non-compliance with the Area Plan for the South.
Key concern: Highways objection due to substandard junction visibility, inadequate lane capacity, and road safety risks
Department of Infrastructure Highways
ObjectionHighway Services oppose the proposal; Recommendation: O. Details required.; insufficient detail provided... to demonstrate that the proposed development will not be detrimental to... public safety
Conditions requested: Prior to commencement: full details of means of access at A7 junction and site access; visibility splays at A7 junction (2.4 x 90m) and site access (2.0m x 23m); car parking provisions per adopted standards; electric vehicle charging point; bicycle parking in garage or covered secure facility; turning areas; arrangements for waste bin storage/collection, deliveries, fire and rescue
The original application for approval in principle for a detached dwelling on a 1-acre field (Field 434082) not designated for development was recommended for approval by the planning officer but refused by the Planning Committee on 30 November 2020 for breaching countryside protection policies (GP3, EP1) and lacking ecological information (EP4, SP4). The Department defended the refusal in their appeal statement, emphasising the site's countryside location, landscape value, and ecological concerns. The appellant argued the site is an infill in a residential area near village facilities, with prior approvals nearby and no Highways objection. The inspector analysed the site as a sustainable urban extension surrounded by dwellings, found material considerations outweighed strict policy compliance, dismissed most third-party objections as reserved matters or non-planning issues, and recommended allowing the appeal subject to conditions including tree protection, ecological appraisal, and highway details.
Precedent Value
Demonstrates inspectors may allow edge-of-village infill on non-zoned fields if tightly enclosed by existing large dwellings and sustainable, using SP1/SP2 to outweigh GP3/EP1; future applicants should provide Highways/TA evidence early and emphasise prior site history.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
