25 September 2024 · Planning Committee (decision made 16.09.2024, signed by Toby Cowell as Presenting Officer)
Field 414487, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The proposal seeks approval for the change of use of Fields 414487 and 410223 from agricultural to recreation for personal dog walking by the owners, retrospectively. The site features existing fields separated by a stone wall, with a vehicular access, parking area, and minor items like benches and storage units noted …
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The officer balanced the presumption against countryside development under General Policy 3 (GP3) and Environment Policy 1 (EP1) with the site's suitability for low-impact recreation, deeming personal…
Spatial Policy 5
Supports appropriate rural development; officer deemed the low-impact personal use compliant as it fits countryside recreation without detriment to landscape or amenities.
General Policy 2
Requires no unacceptable visual, highway, or amenity impacts; satisfied as no structures proposed, noise typical for rural dog walking, and highways confirmed safe.
General Policy 3
Presumes against countryside development except for interpretation of countryside (h); personal dog walking accepted as enabling natural environment interaction like hiking, with no physical changes.
Environment Policy 1
Protects countryside unless overriding need; low-impact use justified as recreational asset without adverse effects, outweighing protection presumption.
Transport Policy 4
Requires safe highway access; existing visibility adequate for low personal traffic, endorsed by Highways.
Environmental Policy 22
Prohibits unacceptable noise/light pollution or amenity harm; dog noise not unusual in countryside, personal scale limits intensity, fouling managed.
Restrict to personal dog walking only
The field may only be used for the purposes of dog walking, together with the existing agricultural use. The field shall only be used on a personal basis by the owner for the purposes of dog walking, and shall at no point be used on a commercial basis. Upon the cessation of the field for provision of private dog walking, the use hereby permitted shall cease.
No permanent structures or dog care facilities
The approval does not in any way permit the creation of permanent dog care facilities on the site or the erection of structures on the site.
No objection provided that no additional works are undertaken that would alter the appearance of these fields which are designated for agricultural use.
The development would have no significant negative impact upon highway safety, network functionality and/or parking, due to the low traffic low flow rural nature of the local network, subject to the proposals being restricted to non-business i.e. personal use via a condition.
No objections
Highway Services initially had no objection subject to a condition restricting use to personal non-business use, later raised concerns about a public right of way; Arbory and Rushen Parish Commissioners had no objection provided no additional works altering agricultural appearanc…
Key concern: application misrepresents commercial dog walking use and blocks public right of way
Highway Services HDC
Conditional No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, highway functionality and/or parking, due to the low traffic low flow rural nature of the local network, subject to the proposals being restricted to non-business i.e. personal use via a condition.
Conditions requested: proposals being restricted to non-business i.e. personal use via a condition
Arbory and Rushen Parish Commissioners
Conditional No ObjectionThe Commissioners had no objection to this application provided that no additional works are undertaken that would alter the appearance of these fields which are designated for agricultural use.
Conditions requested: no additional works are undertaken that would alter the appearance of these fields which are designated for agricultural use
DEFA Inland Fisheries
No ObjectionDEFA, fisheries have no objections to this development from a fisheries perspective.
Highway Services HDC
Conditional No ObjectionIt has been brought to my attention that there may be a lawful PROW through the application site boundary.; The applicant should be providing details how they will be maintaining any lawful PROW through the site.; Any lawful PROW route needs to kept open for public use as per the legal order details of the route.
Conditions requested: The applicant should be providing details how they will be maintaining any lawful PROW through the site; Any lawful PROW route needs to kept open for public use
Fern Villa (neighbour)
ObjectionWe therefore object to the application on the following grounds: That the application is not a true and accurate representation of the applicant's use of the fields since their purchase, nor therefore probable intended use of the site given the history and the aforementioned points, which provide little doubt that the fields are being used for commercial dog walking, as well as personal.; The public right of way across the land, from the main gateway to the Ballakilpheric Road is inaccessible.; That no provisions have been made for visibility splays to cater for increased traffic flow to and from the fields.
