9 October 2012
Ballateare Farm House, Lane From Coast Road To Ballateare Farm House, Jurby West, Isle Of Man, IM7 3as
The proposal sought to replace an existing traditional Manx farmhouse (footprint ~238m²) with a much larger three-storey Georgian-style dwelling (footprint ~1792m², ~652% increase), involving major earthworks including extraction of 28,500m³ sand/gravel for off-site removal, cliff trimming/reprofiling to 1997 levels (p…
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Housing Policy 14
Requires replacement dwellings not substantially larger (>50% floor area) or differently sited unless environmental improvement or less visual impact. Proposal ~652% larger, resited south; bowl/landscaping argued to reduce impact but officer found neutral/greater from key views, sets damaging precedent for hiding large houses.
Environmental Policy 9
Precautionary approach; no development on receding cliffs if erosion likely in building lifetime. Site erodes ~1.2m/yr; Posford Duvivier shows loss within 50yrs; cliff trimming may delay but no evidence on long-term efficacy or flanking erosion.
Environment Policy 11
Coastal development must not increase/transfer erosion risk or prejudice natural defences. Cliff reprofiling seaward risks altering processes; no EIA on adjacent impacts.
Environment Policy 12
New coastal works must not unacceptably impact character/ecology/processes. Soft engineering (trimming/marram) proposed but risks visual projection, sediment/marine effects.
General Policy 2
No unacceptable highway impacts. Massive HGV volumes fail TP8; no Transport Assessment.
Environment Policy 4
Protects species/habitats. Manx Wildlife Trust survey found no significant habitats/species beyond common frog (licensable).
No objection
Multiple consultees provided detailed comments on minerals extraction, coastal erosion, environmental impacts, highway safety, heritage, and utilities; Environmental Protection Officer and Manx National Heritage recommend against approval while DED Minerals supports in principle subject to licensing.
Key concern: Site likely to be lost due to coastal erosion well within next 50 years
Department of Economic Development
Conditional No ObjectionThe DED would in principle be prepared to grant a Mining Licence to the Developer; appropriate measures will need to be put in place to deal with any airborne dust; if the noise from the operations is likely to be 10dB above background then complaints may arise
Conditions requested: Further trial pitting and 3D models for accurate bills of quantities if planning permission granted; Mining Agreement application to DED required prior to extraction; Payment of royalty on each tonne of mineral removed; Mechanism to confirm quantity of mineral removed (weighbridge records at Point of Ayre); Cemex to apply to modify Point of Ayre Mining Lease clause 6.4
Environmental Protection Officer
Objectionapproval of development cannot be recommended by the Department as this would not appear to be sustainable development; helicopters are 10 to 15 dBA more annoying than fixed-wing aircraft; Aircraft Noise Index Study (ANIS) published by the CAA in 1984
Conditions requested: Planning condition prohibiting flight movements at night time (2300-0700 hrs) if helicopter pad approved
Highways Traffic Engineer
Objectionthe application does not contain the required information to permit a full assessment; this level of HGV traffic will have to be carefully managed
Conditions requested: Construction method statement conditioned including hours of operation restrictions at schools; Temporary weight limits on certain roads; Route along A13 then north to Andreas and Bride
Manx National Heritage
ObjectionWe would therefore recommend refusal of this application; the proposed replacement dwelling substantially exceeds the recommended 50% increase
Conditions requested: Engineering evidence for coastline management technique and compliance with Coastline Management Act 2005; Structure almost totally recyclable should be made a condition
Manx National Heritage
No Objectionviews of the Island from the seaward direction are a significant issue; we note that you may interpret relevant planning policies positively
Conditions requested: Recycling of structure to be made a condition given prominent location
Dr Fiona Gell, Senior Marine Biodiversity Officer
No CommentI would have expected to see more consideration of the marine impacts; any coastal structure in such a dynamic area is likely to have an environmental impact over a much greater area
Conditions requested: Construction phase to include mitigation measures minimising sediment inputs, pollution risk, and footprint of impact
Jurby Parish Commissioners
Objectionmy Commissioners now...request that their objections and comments...be taken into consideration
Manx Electricity Authority
No ObjectionThere are Underground Cables/Overhead Lines present in the area
Conditions requested: Applicant must contact MEA Network Operations (Tel. 687687) re working practices/diversions; Contact MEA Planning (Tel. 687781) re electricity supply; Obtain Electrical Site Safety 5 documents (Tel. 687766); Work per HSE Guidance Notes HS(G)47 & GS6
The original application for erection of a replacement dwelling with increased floor area (541m² vs existing 241m²), Georgian design, landscaping, helicopter pad and storage was refused by the Planning Committee primarily for breaching the 50% floor area increase limit in Housing Policy 14 and harming countryside character. Appellants argued environmental improvement via landscaping, screening, site context within farm buildings and land, and non-application of outdated Circular 3/91. The inspector found the proposal breached Housing Policy 14, would not achieve overall environmental improvement or reduced visual impact, rejected screening arguments as precedent-setting, and found no special circumstances to outweigh objections. The Minister accepted the inspector's recommendation and dismissed the appeal on 27 July 2009.
Precedent Value
Sets firm line against large countryside replacements exceeding 50% via screening or 'improvement' claims unless clearly meeting policy exceptions; applicants must prove inherent compliance not just mitigation, and provide detailed comparable precedents.
Inspector: David Bushby
