3 December 2012 · Delegated - Senior Planning Officer (Anthony Holmes)
Land At, Ramillies, Clay Head Road, Baldrine, Isle Of Man, IM4 6dn
The proposal involved building a two-storey dwelling with integral garage on a 0.07ha steeply sloping site within the curtilage of Ramillies, requiring removal of six mature trees and using cut-and-fill to level the ground for construction. Access was from an existing road entrance onto narrow Clay Head Road.
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The officer accepted that immediate removal of six mature conifers would have minimal landscape impact per the Area Forester, but policy L/OSNC/PR/6 presumes against tree removal to facilitate develop…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Permits residential development in designated predominantly residential areas if sympathetic to character. Officer found general principle acceptable as site within wider residential zone.
Policy L/OSNC/PR/6 of The Laxey and Lonan Local Plan 2005
General presumption against tree removal except commercial forestry, including to facilitate development. Proposal failed as it requires tree removal and likely leads to further felling harming amenity.
General Policy 2
Requires development to respect surroundings, retain landscape features like trees (c,g), not harm amenity/character (g), and avoid unacceptable road safety/traffic impacts (i). Failed on trees/amenity (c,g) and highways (i); passed design, private amenity, parking.
Housing Policy 6
Residential development on zoned land per area plan brief or GP2 criteria. Acceptable as site in residential area.
Transport Policy 7
Requires parking per standards. Proposal provides sufficient on-site parking and turning.
No objection to tree felling as trees are mature conifers suited to commercial forest, minimal landscape impact, area has diverse trees
no objection
Highways Division and Lonan Parish Commissioners object to the application due to highway safety concerns on the substandard Clay Head Road, while Trees Officer, Manx Electricity Authority, and Water & Sewerage Authority raise no objections with conditions.
Key concern: Unacceptable highway safety problems due to substandard road and inadequate visibility splay
Highways Division
ObjectionUse of Clay Head Road and the junction with the A2 traffic from this proposed dwelling is likely to lead to unacceptable highway safety problems in contravention on General Policy 2 (i) of the Isle of Man Strategic Plan.; The visibility at the junction of Clay Head Road and the A2 should be 90m due to the 30mph speed limit on the A2. The visibility to the left as you leave the junction is approximately 25m
Jason Bolt Area Forester - North, Department of Environment, Food and Agriculture
No ObjectionIn light of my observations and discussion with the owner I foresee little or no objection to their proposed removal.; Should the planning committee approve the development plans; please include a note that all building works should be in compliance BS5837:2012
Conditions requested: all building works should be in compliance BS5837:2012 "Trees in relation to design, demolition and construction"
Manx Electricity Authority
No CommentContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions; All drainage works must conform to the requirements of "Manx Sewers for Adoption"
Conditions requested: The proposed new dwelling must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority. All drainage works must conform to the requirements of "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s)
Lonan Parish Commissioners
ObjectionThe Board recommends refusal of the above Planning Application, on the grounds detailed below.; Clay Head Road has reached saturation point with the number of dwellings using the road and given its narrow nature is not suitable for extending the amount of traffic using it.
The original application for a dwelling was refused on 3 December 2012 primarily for tree removal contrary to policy L/OSNC/PR/6 of the Laxey and Lonan Area Plan and General Policy 2 (c & g), and unacceptable highway impacts contrary to General Policy 2 (i). The appellant argued the site is in a Predominantly Residential zone aligning with Strategic Plan policies, tree removal is minimal with Forester non-objection and replanting proposed, and highway impacts are negligible given precedents and no accident record. The inspector found the proposal would lead to initial and future tree losses harming the semi-rural character, conflicting with L/OSNC/PR/6 and GP2 (c, f, g), and that Clay Head Road has reached capacity with substandard junction visibility, conflicting with GP2 (i). Both refusal reasons were upheld as clear cut objections. The Minister concurred with the inspector's recommendation on 15 May 2013, confirming dismissal of the appeal.
Precedent Value
This appeal demonstrates that even in residential zones, tree preservation policies apply broadly and future occupant behaviour must be anticipated; single infill dwellings can be refused on narrow rural lanes at capacity despite no accidents. Future applicants should provide robust evidence against future tree loss risks and secure Highways support.
Inspector: Alan Langton
