5 April 2019 · Planning Committee
Cronkbane, 5, Baldrine Park, Baldrine, Isle Of Man, IM4 6de
The proposal sought retrospective consent for removing a Manx sod wall at the rear of Cronkbane, 5 Baldrine Park, backing onto the rural Old Lonan Road track, and replacing it with 1.35m high grey painted UPVC fencing panels on concrete posts, plus new turf on the highway side and a pedestrian gate.
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The Planning Committee voted against the officer's approval recommendation, refusing due to the removal of the Manx sod hedge and replacement with modern fence panels with concrete posts, which fails …
General Policy 2
Requires development in residential areas to respect site/surroundings in siting/scale/design/landscaping, not adversely affect landscape/townscape character or locality amenity, and incorporate existing topography/landscape features like sod banks. Officer found partial compliance as harm low due to context, but Committee ruled failure on (c), (d), (f) due to sod hedge loss urbanising rural lane.
do not oppose... no new highway issues should arise from the proposals
Highways Division do not oppose the retrospective fencing proposal as it raises no new highway issues, while Garff Commissioners object due to significant impact on the landscape character of an ancient highway and request reinstatement of the Manx sod hedge.
Key concern: development undertaken has significantly affected the landscape character of this ancient highway
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; There would be no changes to the existing vehicular site access or parking arrangements; No new highway issues should arise from the proposals.
Garff Commissioners
ObjectionThe Commissioners were unanimous that the development undertaken has significantly affected the landscape character of this ancient highway.; They note the contents of Planning Circular 1/92 (Manx Hedges) which presumes that Manx hedges will be retained.; The Commissioners object to this unauthorised development and request that the Manx sod hedge is re-instated
Conditions requested: Manx sod hedge is re-instated to maintain the landscape character of this area of Lonan Parish
The original application (18/00901/B) for removal of a sod wall (Manx hedge) and erection of fencing was refused by the Planning Committee despite officer recommendation for approval, citing conflict with GP2 and C1/92 due to harm to rural character, public amenity, and wildlife. The appellant argued the former bank was dilapidated, unsightly, and insecure, citing comparable approvals and proposing hedging. DEFA and Garff Commissioners defended refusal emphasizing policy presumption for Manx hedges, rural character of Old Lonan Road, and biodiversity. Inspector found the full removal and stark fencing caused significant harm to the ancient rural lane's character and wildlife potential, contrary to GP2 and C1/92, dismissing precedents as non-comparable and rejecting laurel hedge as inadequate. Appeal dismissed on 22 August 2019, upholding refusal.
Precedent Value
Demonstrates strict enforcement of GP2 and C1/92 for complete Manx hedge removal even on back lanes; applicants must submit detailed native hedge schemes upfront and distinguish from partial access cases; highlights need for pre-application advice to avoid inconsistency perceptions.
Inspector: Brian J Sims
