30 July 2025 · Planning Committee
Close Jairg Beg, Old Church Road, Crosby, Isle Of Man, IM4 2ha
The proposal involves creating a new 4m wide vehicular access and driveway approximately 33m north of the existing access, replacing a collapsing Manx stone boundary wall with a new 1.05m high wall using reclaimed stone, and erecting 1.8m high boundary fencing with a drainage channel to fully segregate the residential …
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The proposal was approved because the revised access arrangements, including full site segregation via fencing and partial removal of the internal driveway link, addressed previous highway safety conc…
General Policy 2
Requires safe and convenient access (h & i), respect for site surroundings in siting/scale/design (b,c,f,g), and protection of trees/landscape features (f). Officer assessed the segregated access and visibility splays as compliant for highway safety; traditional stone wall as locally responsive for visual impact; tree protection measures via conditions to address root risks.
Environment Policy 3
Prohibits unacceptable loss/damage to woodland/trees of amenity value. Lacking Arboricultural Method Statement, but Cellweb system and post-approval AMS/TPP condition mitigate risks to trees in RA0346; prior works assessed retrospectively.
Environment Policy 4
Protects biodiversity. No ecological appraisal submitted, failing to demonstrate no adverse effects, but Inspector noted conditions could address; weighs against but mitigated on balance.
Spatial Policy 5
Requires high-quality, locally appropriate design. New wall using Manx stone at 1.05m height matches adjacent treatments, contained hardstanding softened by vegetation; avoids dominance in rural streetscape.
Strategic Policy 4
Protects/enhances nature conservation/landscape in rural areas. Reduced impact vs prior scheme, but biodiversity gap; conditions enable mitigation.
General Policy 3
Limits countryside development to exceptions. Proposal outside exceptions but justified as site-specific infrastructural improvement for existing dwelling curtilage, not intensification.
Access and driveway to approved plans
The development hereby approved, including the access, visibility, and driveway, shall be provided and surfaced strictly in accordance with the details shown on the approved plan (Drawing No. 21-01-100 REV C - Proposed Site Plan and Wall Elevation) prior to the first use of the access. Once provided, all access arrangements shall thereafter be permanently retained as such.
Boundary fencing retention
The boundary fencing shown on the approved plan (Drawing No. 21-01-100 REV C - Proposed Site Plan and Wall Elevation) shall be no greater than 1.8m in height and shall be erected and completed in full prior to the first use of the new vehicular access hereby approved and shall thereafter be permanently retained in that form. The fencing shall be maintained to ensure continued physical and functional separation between the residential curtilage of Close Jairg Beg and the adjoining land to the south. At no time shall the residential dwelling and the adjoining land be reconnected by vehicular means, including through the reinstatement of any internal driveway link.
Cellweb root protection system
The development shall be carried out using the Cellweb root protection system and crushed stone sub-base detailed in paragraph 2.6 of the supporting planning statement. These measures shall be fully implemented and retained in situ for the lifetime of the driveway.
Arboricultural Method Statement and Tree Protection Plan
Within 2 months of the date of this permission, a detailed Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP), prepared by a qualified arboriculturist, shall be submitted to and approved in writing by the Department. The AMS and TPP shall assess the impact of all works already undertaken within or adjacent to the Registered Tree Area (RA0346), including excavation and levelling operations. The submission shall also set out any remedial or protective measures necessary to safeguard retained trees, and these measures shall be implemented in full within 1 month of approval and retained thereafter for the lifetime of the development.
Initially raised concerns on visibility and access closure/segregation but following amendments confirmed the proposal acceptable
Marown Memorial Playing Fields Ltd submitted a representation objecting to planning application 25/90192/B due to concerns over highway safety, loss of on-street parking, and lack of need for a new entrance, referencing a previously refused similar application 21/00796/B.
Key concern: highway safety risks to pedestrians, cyclists, and children from new access at narrow road section with loss of on-street parking
Marown Memorial Playing Fields Ltd
ObjectionThe Committee of Marown Memorial Playing Fields Limited wish to oppose the above application.; We fail to understand why this additional entrance is necessary when there already exists a perfectly adequate entrance to this property.; The construction of the wall would appear to be a retrospective application as the traditional Manx hedgerow, housing species of wild life, was remove in October 2023
The original application 25/90192/B for erection of replacement stone wall, creation of new vehicular access and driveway, and erection of boundary fencing with drainage channel was permitted subject to conditions, including condition 2 requiring permanent fencing to separate residential curtilage from adjoining land to the south and prevent vehicular reconnection. The appellant (JM Project Management Ltd) disputes condition 2, arguing the garden area remains part of the residential curtilage, the fence was only to prevent dual vehicle access and contain pets, and no change of use was proposed for land to the south. Supporting evidence includes a High Court judgment (CHP21/003) quashing Map 10 of the Area Plan for the East specifically for Close Jairg Beg due to procedural unfairness by Cabinet Office in delineating the settlement boundary. The appeal (AP25/0029) was lodged on 18 August 2025 via written representations. No inspector's analysis or final appeal decision is provided.
Precedent Value
This appeal highlights the persuasive value of prior High Court rulings on procedural flaws in Area Plan boundary delineations; future appellants challenging conditions related to curtilage should reference historical planning approvals and court quashings of settlement boundaries to argue established residential use.
