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Application No.: 25/91016/B Applicant: Arbory & Rushen Commissioners Proposal: Alterations to existing fencing and walls around Ballakilley Park, creation of earth mound and three pedestrian accesses, installation of bicycle stands Site Address: Fields 414214 And 414532 Barracks Road Port St Mary Rushen Senior Planning Officer: Jason Singleton Photo Taken: 10.12.2025 Site Visit: 10.12.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.01.2026 Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. No excavation works or changes to site levels shall be carried out other than in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development.
Reason: In the interest of pedestrian safety and Highway users.
This application has been recommended for approval for the following reason. The proposed scheme would comply with General Policy 2 of the IoM Strategic Plan 2016
This decision relates to drawings and supporting information received on 11 November 2025, referenced; 01,02,03,04,05,09,11,12 19 December 2025, referenced; 06A, 07A, 08A, 10A Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DoI Highways Services - No Objection, Condition Defa Ecosystems - No Objection, Condition Arbory and Rushen Commissioners - No Objection
It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because: 37 Mahergarran, Port Erin - States no objection and condition has been attached to address points raised.
1.1 The application site is the curtilage of the playing fields 414532 (west) adjacent to Ballafesson Road and 414214 (east) adjacent to church road, which is land of Ballafesson Road in Port Erin. The fields are generally laid to grass with planting to the south and west elevations.
2.1 Proposed are a series of hard and soft landscaping works for alterations to existing fencing and walls around Ballakilley Park, the creation of earth mound and three pedestrian accesses into the site and the installation of bicycle stands.
2.2 The creation of 2 new pedestrian width access points and the establishing of 4 existing access points from within the neighbouring housing estate to the west.
2.3 The installation of 4x 'Sheffield' bicycle stands (700mm high 'n' shape) in the car park which measurers 2.3m x 4.0m and is a timber edged area with gravel and is located to the south east corner of the car park by the entrance off Barracks Road.
2.4 The creation of the earth mound "an engineering operation" to the south east corner of the site using the left over soil from the previous works which will be utilised and re-profiled as a grassed mound (27m x 38m), maximum height 1.8metres and is intended to create a raised landscaped focal feature on what is otherwise a flat site.
2.5 The agent notes: "Following the merger of Arbory and Rushen Parish Commissioners the scope of the work has been reviewed to provide a more cost effective solution. The result is a paired back version of the scheme to create a more informal parkland for use by all age groups…The proposal still strikes a balance between the aims of creating a multi-purpose recreational area with appropriate landscaping, with the need to respect the adjacent Church, cemetery and residential areas…The revised proposal includes:
3.1 In terms of local plan policy, the application site (414532 and 414214) is within an area designated as an area of 'Open Space - for particular purpose' on Map 7 of the Area Plan for the South. The site is also designated with the notation of 23 linking to a development brief on the written statement.
3.2 Within the written statement for the APS, Development Brief No.23 (page 60&61) provides details for additional residential development with accompanying recreation, amenity space and provision for an extension to Rushen Parish Churchyard. Most of this has now been implemented.
3.3 Further reference on page 61; "5. Recreation Use Sufficient land must be set aside on either Field 414532 or 414214 to accommodate a sports pitch, and a training pitch (approximately 4 ha in total) and this must be shown on the Master Plan. Any building(s) normally associated with such uses, such as changing facilities or groundsmen’s' stores may be acceptable, together with an area of public car parking. Any such buildings/car parking, should be modest in size having regard to their function, and should be so sited as not to threaten the overall function of the land as a Green Gap".
3.4 This is further enhanced on page 95; "Recreation Proposal 2: It is proposed that land for sports pitches as well as open space be provided as part of an overall Master Plan on the land at Ballakilley (see Development Brief 23)".
3.5 The site is also referenced on page 21;
3.6 The application site is not within a conservation area. The site is not within an identified flood risk area. There are no trees within the immediate vicinity of the site.
3.7 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
Strategic policy
Spatial Policy 1-5 Hierarchy of defined settlements for development General Policy 2 General Development Considerations (a-n) Environmental Policy 22 Protection of the wider environment and properties through nuisances
4.1 The application site benefits from the following approvals;
25/90448/B - Erection of clubhouse with roof-mounted solar panels, viewing terrace, associated hard landscaping and external lighting. Approved with conditions.
21/00892/B - Variation of condition 2 of PA 15/1320B involving siting of timber cladded temporary changing room and storage facilities and extension of time for use. Approved with conditions.
20/01150/B - Works in connection with creation of public park including landscaping, creation of new pedestrian access, provision of parking and creation of running track. Approved with conditions.
15/01320/B - Layout of sports pitches for rugby, cricket and other community uses, including access, car parking, prefabricated changing rooms and storage units. Approved with conditions.
13/00777/B - Residential development of 155 dwellings with highway and drainage infrastructure, Public Open Space and landscaping, including Public Open Space which is suitable for future sports and recreation use and cemetery extension. Approved with conditions.
5.0 REPRESENTATIONS (in brief, full reps are online)
5.1 Highways Services have commented (19/11/25) raising issues with the Pedestrian accesses B,C,D,F and sought alterations to those: "1. Pedestrian Access B - this access should be connected to a footway on Maghergarran rather than into the road. 2. Pedestrian Access C - this access should be designed so that there is no opportunities for cars to park in front of the pedestrian access (signing and lining should be considered). 3.Pedestrian Access D - this access should be have a corduroy tactile surface at the entrance (as per the UK's Inclusive Mobility 2021 document guidance) to highlight to pedestrians that they are walking onto a carriageway. 4. Pedestrian Access F - this access
should have hardstanding routes to the car park and footways to the adopted highway if not already provided".
5.2 Arbory and Rushen Commissioners commented (24/11/25) with no objection.
5.3 DEFA Ecosystems Policy Team (28/12/25) No Objection; "The Ecosystem Policy Team are supportive of the proposals which include tree, thicket and shrub planting, which will help to enhance the site for wildlife, whilst also giving local residents a usable amenity space. Prescott Associates's Planting Scheme does not seem to have been submitted with the application and therefore we request that a landscape plan is secured via a condition to ensure that planting is appropriate to the site and does not contain any invasive plants species".
5.4 37 Maghergarran, Port Erin (11/12/25) does not object but seeks confirmation that the planting behind their house does not block their view, create shading and reduce the natural lights, alter the wind flow and exacerbate the matter, create and enclosing or overbearing effect on the boundary, change the character of the space. They further request the planting behind 35-39 is reconsidered in light of the above comments.
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;
PRINCIPLE
6.1 The application site falls outside of a defined settlement boundary within the area plan for the South (Map 7) and would therefore not comply with SP1-4 nor is the site within the open countryside so Sp5 would not be applicable. However, this part of the site and the wider area does sit within and area that is designated for development on Map 7, albeit "open space" and guidance is given within the TAPS though the design brief (No.23) and Recreational policy 2 that allocated this site for sports pitches and notes that any buildings and their infrastructure "should be modest in size having regard to their function".
6.2 In this case, the general planning principle of development from a land use perspective is on land that is zoned for 'development' and would be on land adjacent and as part of an overall master plan for this area and as previously approved under 20/01150/B for a similar scheme. This helps ensure the site is broadly designated for 'development' and the proposal would be acceptable in this instance. As such further assessment through GP2 would be appropriate. VISUAL IMPACT
6.3 When viewing the proposed works on site, it is noted the general flat topography of the area and the site is flanked by three roads where views into and out of the site can be achieved.
6.4 The proposals, by the applicants own admission have been scaled back from the previous approval and now features more open space and omits some of the furniture that would have been installed as per the previous approval. The proposal still strikes a balance
6.5 The overall levels of landscaping areas would be concentrates to the outer edges and the creation of mown paths. Further details of these trees, thickets and shrub planting can be secured via a planning condition and to ensure they are native species. The most visual aspects would be the formation of the entrances as noted above giving six options to the public in accessing the fields and those accesses would be appropriate for this rural setting and be seen to be in keeping.
6.6 Any views of the proposals from the public highway, would be read within the context of the site and its respective uses as playing fields and would not appear out of character. It would not be especially apparent given the distance from the public highways or overly dominant on the landscape here thus limiting any visual impact.
6.7 This aspect is deemed to be an acceptable form of development without harming the visual character and quality of the street scene or to the site itself in accordance with STP5, GP2(b,c) and Ep42. NEIGHBOURING AMENITY
6.8 With regard to the above, the level and scale of development proposed here is in conjunction with the sports fields are not considered to cause harm to the enjoyment of the neighbouring residential amenities through any loss of light given the size, scale and massing of the proposals, or would result in any overbearing impact given the nature of the proposals or results in a loss of privacy to those properties bounding the site.
6.9 The comments from no.37 are noted and the inclusion of a condition should address their concerns on planting, where by the planting details should also include any planting to the western boundary of the site to the rears of properties referenced No's 7 Macherdonnag through to No48 Magherchrrym. The condition is to ensure details of these trees, thickets and shrub planting are native species and proportionate to the site without causing any adverse impact on those neighbouring dwellings with whom share a boundary with the application site. On balance and given the level of support from the local authority the application is not considered to have any adverse effect leading to a statutory nuisance in accordance with Ep22 and would be considered to be compliant with those sections of General Policy 2g. HIGHWAYS ACCESS AND PARKING
6.10 In terms of highways safety, and the guidance given from the Highways Authority regarding the proposed pedestrian, the amended plans and the inclusion of condition helps ensure their concerns are mitigated and is noted from the more recent comments they do not object to the amended proposals as such this aspect of the proposal could be considered to be compliant with GP2 h&i.
7.1 For the above reasons, it is concluded that the proposals noted here would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 20.01.2026 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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