30 January 2026 · Delegated - Principal Planner (Chris Balmer)
Plot 1, Field 432503, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
The application sought to vary Condition 1 of previous planning permission 21/00649/B, which approved a new two-storey dwelling with associated access, landscaping, drainage, and a linked indoor swimming pool on a plot designated for low density housing in parkland.
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The officer concluded that 'in light of there being no changes to the land use designation nor to the key planning policies set out in the IOM Strategic Plan 2016 and Area Plan for the South 2013 the …
General Policy 2
Requires general standards for acceptable development including visual impact, neighbouring amenity, landscape features, highway safety (h and i). Officer assessed the proposal remains compliant as highway safety is acceptable with visibility splays, parking and turning, and no harm to traffic flows in the existing residential access context.
Strategic Policy 1(a)
Requires most efficient use of sites and existing infrastructure. Applied in context of established residential development principle on site with shared access.
Strategic Policy 4(b)
Protect and enhance landscape and nature conservation value. Addressed via conditions for tree protection and planting to mitigate loss of category C trees and ensure landscaping in parkland setting.
Spatial Policy 5
New development should make positive contribution to environment. Design unchanged from prior approvals found acceptable in varied street context of large set-back houses and roadside dwellings.
Environment Policy 42
Respect character of locality. Proposal fits low density parkland with landscaped setting per Planning Circular 8/89.
Time limit
The development hereby approved shall be begun before the expiration of 14th July 2029. 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.
Parking and access
Prior to the occupation of the dwelling hereby approved, the off road parking, vehicular access and visibility splays (including roadside boundary treatments) shall all be provided in full accordance with the details hereby approved and retained free and available for access and parking purposes at all times. Reason: In the interest of highway safety and to ensure suitable access and parking provision for the site.
Tree protection scheme
No site clearance, preparatory work or development shall take place until a tree protection scheme is submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of; The location of the trees to be retained and their canopy spreads; The location of a 'construction exclusion zone'; The position of protective fencing and/or other protective measures required to prevent damage to retained trees. An appropriate specification for the protective measures proposed. The development must be carried out in full accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department. Reason: in the interest of visual amenity to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of appearance and character of the site and locality.
Tree planting plan
No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and approved in writing by the Department. Where applicable the plan shall adhere to current British Standard recommendations relating to 'Trees: from nursery to independence in the landscape' (BS8545:2014) and in all cases shall include the following details: the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted stating the area and planting density. the approximate date when they are to be planted how they will be maintained until successfully established. The development must be carried out in full accordance with the approved tree planting plan details as approved, and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation. Reason: in the interests of visual amenity and to ensure the development is appropriately landscaped to be in-keeping with its surroundings and locality.
Soft landscaping plan
No site clearance, preparatory work or development shall take place until a soft landscaping plan is submitted to and approved in writing by the Department. The development must be carried out in full accordance with the approved soft landscaping plan within the first available planting season following occupation of the dwelling. Any soft landscaping which, within a period of 5 years from their first planting, are removed, or, become seriously damaged or diseased shall be replaced in the next available planting season with others of similar size and species, unless the Department gives written consent to any variation. Reason: in the interests of visual amenity and to ensure the development is appropriately landscaped to be in-keeping with its surroundings and locality.
no objection
no objection subject to conditions for tree protection plan and tree planting plan
Do not oppose
DEFA Forestry does not object to the tree removal but states that the proposed mitigation planting is inadequate and recommends two pre-commencement conditions for tree protection and planting.
Key concern: mitigation planting shown on the site plan (P10-12) would not adequately mitigate the loss of these trees
DEFA Forestry
Conditional No ObjectionThe directorate would not object to the tree removal as they appear to be category C trees; mitigation planting show on the site plan (P10-12) would not adequately mitigate the loss of these trees; If this application was to be approved, I would recommend you add the following pre-commencement condition
Conditions requested: Prior to the commencement of the development hereby approved a tree protection scheme shall be submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of; The location of the trees to be retained and their canopy spreads; The location of a ‘construction exclusion zone’ The position of protective fencing and/or other protective measures required to prevent damage to retained trees. An appropriate specification for the protective measures proposed. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.; No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape recommendations) and in all cases shall include the following details: the exact location, species, nursery specification and planting specifcation of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density. the approximate date when they are to be planted how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.
