30 May 2019 · Delegated - Principal Planner (Chris Balmer)
Field 614795, Ballamenagh Road, Baldrine, Isle Of Man, IM4 6ah
The proposal involved a dormer-style dwelling and a single-storey agricultural-style shed/garage on part of Field 614795, an unzoned agricultural site in open countryside designated as an Area of High Landscape Value and Scenic Significance and Area of Ecological Interest.
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The officer determined that the site remains lawfully agricultural despite the applicant's claim of prior use as a builders yard, as no certificate of lawfulness was provided and no permanent structur…
General Policy 3
Prohibits development outside zoned areas except specific exceptions including previously developed land with significant buildings where redevelopment reduces landscape impact. Officer assessed site lacks permanent structures (only containers and poly-tunnel remnants), alleged builders yard use unproven without certificate of lawfulness, and proposed dwelling does not improve landscape.
Strategic Policy 2 - Priority for new development to identified towns and villages
Restricts development to towns/villages, permitting countryside development only in exceptional circumstances. Site in open countryside/AHLV fails exceptions; new dwelling harms rural character.
Environment Policy 1
Protects countryside unless overriding national need. Proposal adversely affects countryside with no such justification.
Environment Policy 2
Protects AHLV character unless no harm or essential location. Large buildings (6m/4m ridge heights) cause unacceptable visual harm in scenic rural site.
Housing Policy 4
New countryside housing only for agricultural workers, conversions, or replacements. Proposal is new open market dwelling, not fitting exceptions.
Transport Policy 4
Access must safely accommodate generated traffic per DMRB standards. Shed obstructs visibility splay at existing junction.
Environment Policy 4
Prohibits harm to protected species/habitats, including local ones in Areas of Ecological Interest. No PEA/EcIA submitted despite suitable habitats identified.
Environment Policy 7
Protects watercourses; requires risk assessments and 8m buffers. Insufficient details on adjacent watercourse impacts.
Multiple consultees responded to application 19/00098/A, with Highway Services and Garff Commissioners objecting due to highway safety and lack of zoning, while ecology consultees recommended ecological surveys without objection.
Key concern: proposed garage/shed would adversely affect highway visibility splay per DMRB standards
Manx National Heritage
Conditional No ObjectionGiven the previously undeveloped nature of the land and the adjacent semi-natural habitats, it is recommended that a Preliminary Ecological Appraisal (PEA), or preferably an Ecological Impact Assessment (EcIA), be undertaken
Conditions requested: Preliminary Ecological Appraisal (PEA), or preferably an Ecological Impact Assessment (EcIA), be undertaken as part of planning application
Highway Services Division
ObjectionHighway Services opposes the application on highway safety grounds as the proposed garage/shed would adversely affect the highway visibility of the existing site access junction to the south.
DEFA Biodiversity Officer
Conditional No ObjectionThe Ecosystem Policy Team recommends that a Preliminary Ecological Survey (PEA) is undertaken prior to the determination of this application.
Conditions requested: Preliminary Ecological Survey (PEA) is undertaken prior to the determination of this application
Garff Commissioners
ObjectionThe Commission opposes the proposals in this application as the land is not zoned for development.
