24 July 2024 · Delegated - Principal Planner (Chris Balmer)
Ballig Farm, West Baldwin, Isle Of Man, IM4 5eu
The proposal involves engineering works to create a new access point south of the existing one at Ballig Farm, allowing safer entry and exit for larger farm vehicles, while retaining the original access for northbound movements.
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The proposals seek to improve established vehicular access to an agricultural holding and working farm in the countryside, fitting the exception under General Policy 3 for essential agricultural engin…
General Policy 2
General Development Considerations. Applied to overall acceptability in principle, visual impact, and character of the streetscene. Officer assessed the minimal engineering works as having localised impact only, without significant detriment.
General Policy 3
Exceptions to development in the countryside. Site in open countryside with presumption against development, but exception applies to essential agricultural engineering operations like improving farm access.
Environment Policy 1
Protection of the countryside. Officer noted localised visual impact from tree removal but acceptable given low category trees and mitigation, without substantial harm to locality character.
Environment Policy 4
Protection of species and habitats. Short to medium biodiversity loss from tree removal compensated by conditioned replacement planting; protects retained category B tree.
Transport Policy 4
Highway safety. Proposals improve visibility and access for larger vehicles, supported by Highways Services as better than existing situation.
Strategic Policy 1
Efficient use of land and resources. Pertinent but not detailed in assessment; supports agricultural access improvement.
Spatial Policy 5
Development in the countryside in accordance with General Policy 3. Reinforces countryside exception for agricultural works.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. 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.
Soft landscaping scheme
Prior to the commencement of development, a detailed soft landscaping scheme shall be submitted to the Department for approval. The landscaping scheme must contain details of new native broadleaved tree planting and areas of low scrub. The works shall be carried out prior to the occupation of the development and undertaken in full accordance with the approved plans. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.
Arboricultural Methods Statement
Prior to the commencement of development, an Arboricultural Methods Statement incorporating details of tree protection measures for retained trees shall be submitted to the Department for approval. The works shall thereafter be undertaken in full accordance with the approved details. Reason: To ensure the sufficient protection of retained trees within the site and in the interests of biodiversity.
No objection
Do not oppose the alterations to the access; improved visibility compared to previous submission; negligible risk on rural road; S109 Highway Agreement required
Content with arboricultural impact assessment measures; recommends Arboricultural Methods Statement and tree planting plan prior to commencement
Highway Services and Braddan Commissioners raised no objections to the access improvements at Ballig Farm; DEFA Forestry initially objected due to tree damage risks but later supported with conditions; DEFA Biodiversity requested biodiversity mitigation; Highways Drainage advised against surface water runoff onto the highway.
Key concern: significant damage to the registered sycamore tree reducing its longevity
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as although the proposals may not improve visibility at the access due to the tree in the middle of the access, the modifications will at least improve turning for large agricultural large vehicles.
Conditions requested: S109 highway agreement will be required for the access alterations onto the adopted highway
Highway Services HDC
No ObjectionHighway Services HDC has reviewed the updated information for application 24/00170/B dated 8 May 2024 online and comment that HDC still do not oppose the alterations to the access.
Conditions requested: S109 Highway Agreement will be requirement for the access tie-in with the adopted highway.; access tie-in works with the adopted highway would need to be constructed with surfacing and sub-based suitable for adoption approved by the DOI Highway Inspector
DEFA Forestry, Amenity and Lands
ObjectionDo the Forestry, Amenity and Lands object to this application? YES; A full arboricultural impact assessment, tree protection plan and arboricultural methods statement (if appropriate).
DEFA Forestry
Conditional No ObjectionFollowing on from the meeting with the agents I am content that the measures indicated in the arboricultural impact assessment will adequately mitigate any potential adverse impact to the retained tree.
Conditions requested: arboricultural methods statement including a detailed tree protection plan is sought prior to commencement of the project; tree planting plan is sought prior to commencement
Braddan Commissioners
No ObjectionThe Commissioners considered the planning applications listed below at their meeting on 29 February and I can confirm that they had no objections to any of them.
DEFA Biodiversity
Conditional No Objectioncontrary to Strategic Policy 4 of the isle of Man Strategic Plan.
Conditions requested: no works to commence unless a soft landscaping plan has been submitted to Planning and approved in writing; The landscaping plan must contain details of new native broadleaved tree planting and areas of low scrub. At least as many trees to be removed should be replanted.; standard condition for the replacement of any tree or shrub which die or become damaged within 5 years from the date of planting
Highways Drainage
No ObjectionRecommendation: Applicants to comply with above clause.
Conditions requested: Applicants to comply with above clause.
