30 May 2025 · Planning Committee
Glion-Shugal, Glen Road, Ballaugh, Isle Of Man, IM7 5jd
The proposal involved erecting a single-storey dwelling with a pitched slate roof, smooth painted render walls, timber-clad porch, and dark UPVC windows, measuring approximately 6.9m x 11.3m (80.74sqm total including porch) on a 430sqm triangular plot of scrub land with mature trees and a substation, accessed via agric…
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The officer assessed the proposal against the Isle of Man Strategic Plan (2016), concluding that the fundamental principle of new housing in the countryside outside Ballaugh's settlement boundary was …
Housing Policy 4
New housing primarily in settlements or exceptional cases (agricultural, conversions, replacements). Proposal does not qualify, no overriding need or alternatives shown.
General Policy 3
Exceptions to countryside development. No qualifying exceptions met, no material considerations outweigh policy.
Environment Policy 2
Protects high landscape/scenic significance areas. Tree removal and domestic form harm rural character/scenic quality despite single-storey design.
General Policy 2
Requires respect for character, trees (f), safety (m), landscape (b,c). Fails on tree retention, visual integration, power line safety despite amendments.
Environment Policy 3
Safeguards woodland/high amenity trees. Removal of T2 (category B) unjustified without AIA, mitigation inadequate on unzoned site.
Environment Policy 4
Protects habitats/species. Initially lacked PEA; later DEFA supported conditional mitigation (planting, bat/bird bricks, lighting) but principle objection remained.
Environment Policy 1
Protects countryside/ecology unless overriding need. Semi-natural habitat near river corridor; no national need justified.
Energy Policy 2
9m safeguard from high tension cables. Dwelling 6.6m, patio 4.09m; MUA withdrew objection but fixed policy distance not met.
No significant road safety or highway network efficiency issues. No objection subject to access arrangements and boundary treatment max 1.05m height for visibility.
No objections provided no adverse effect on adjacent watercourse, precautions against pollution, no lighting on river.
Adequate freeboard from potential surface water flooding required.
DEFA Ecosystem Policy and Forestry object due to ecological and arboricultural impacts in countryside; Manx Utilities objects due to high voltage infrastructure in garden; Highways and Flood Risk Management raise no objection with conditions.
Key concern: non-compliance with Environment Policy 1 and countryside protection
DEFA Ecosystem Policy
ObjectionThe Ecosystem Policy Team object to this application for the erection of a new dwelling in the countryside on an area of semi-natural habitat.; Submission of reports prior to determination of this application is in line with UK best practice guidelines, as referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practice for Planning and Development (BS 42020:2013).
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM (2017) Guidelines prior to determination; additional surveys and mitigation plan if PEA identifies ecological impacts, prior to determination
DOI Highways
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to Drawing No. 20158-PL04 and 21058-PL06, and for the boundary treatment along the southern side of the plot to be a maximum heigh to 1.05m.
Conditions requested: all access arrangements to accord to Drawing No. 20158-PL04 and 21058-PL06; boundary treatment along the southern side of the plot to be a maximum height of 1.05m
Highway Services HDC
No ObjectionHighway Services HDC does not oppose (DNO) the following applications.
Forestry, Amenity and Lands Directorate
ObjectionThe Forestry, Amenity and Lands Directorate object to this application on the grounds that: 1. The proposed development includes the removal of a large, mature birch tree worthy of at least a category B classification as defined by BS5837:2012.
Conditions requested: proposed planting to be made a condition of approval
DEFA Arboricultural Officer
ObjectionIn line with Section 25 (a), the removal of any tree(s) worthy of a category A or category B classification, as defined by BS5837:2012 warrants an objection.
Manx Utilities
ObjectionManx Utilities object to this planning application, as the proposals would mean that our existing 11kV terminal pole, high voltage fuses and stay wires which are currently located in an open piece of land would end up in the middle of a new domestic garden.
DOI Flood Risk Management
Conditional No ObjectionDNOC
Conditions requested: adequate freeboard from any potential surface water flooding
The original application for a single-storey dwelling was refused for three reasons: location outside Ballaugh settlement boundary conflicting with countryside policies; tree removal harming rural character under EP2 and GP2; and removal of a category B silver birch conflicting with GP2(f) and EP3. The appellant, via agent Fraser Reid Design Limited, argues the site aligns with Strategic Plan section 8.8 for groups of houses in countryside, cites a precedent appeal win, challenges tree amenity value (Leylandii as weeds, silver birch in poor state and survey deferred), notes Forestry approval and proposed native mitigation enhancing biodiversity, and disputes agricultural justification relevance. Appeal form lodged 19 June 2025, validated as AP25/0020, with preference for written representations or inquiry unspecified clearly. No inspector's analysis or decision available in submissions.
Precedent Value
This early-stage appeal submission emphasises challenging countryside policy via Strategic Plan section 8.8 'groups of houses', tree categorisation assumptions, and deferring detailed surveys, with Forestry engagement; future applicants can learn to robustly cite precedents from pre-application advice and propose superior native mitigation to counter amenity loss claims.
