13 October 2009 · Planning Committee
Proposed Dwelling At Barroose Farm Barroose House Barroose Road Baldrine Isle Of Man
The proposal sought retrospective permission for a temporary hardcore access road running along field boundaries from Baldrine Road to the construction site of an approved eco-dwelling (PA 07/00888/B) at a disused quarry west of Barroose Road, Baldrine, plus a permanent field gate at the entrance.
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The application was assessed on planning merits despite being retrospective, as longstanding practice treats such cases as if works had not commenced.
Environment Policy 1
Protects countryside/ecology for its own sake; development not permitted unless overriding national need/no alternative. Officer accepted temporary road as reasonable alternative access to approved dwelling, with restoration ensuring no permanent harm despite unzoned countryside location.
Environment Policy 1
Countryside (outside settlements/not designated for development) protected; adverse development not permitted without overriding national need/no alternative. Not national need but acceptable as temporary/reasonable alternative to harmful existing accesses; restoration conditioned.
General Policy 3
Restricts development outside zoned areas; temporary nature and link to approved dwelling (PA 07/00888/B) justified exception.
Approved drawings
This approval relates to the submitted Drawings K050/P/10-200 and K050/P/10-201 received on 30th July, 2009.
Notify completion
The Planning Authority shall be notified of the date of the completion of the dwelling in writing, within one month of its completion.
Realign entrance and restore hedges
The entrance to the access road hereby permitted shall be realigned and the hedges restored in accordance with Architectural Drawing K056/P/10-201 received on 30th July, 2009, within 3 months of the completion of the approved dwelling.
Discontinue and restore road
The temporary construction road hereby permitted shall be discontinued and the land restored to its condition immediately prior to the use commencing, within 3 months of the completion of the approved dwelling or prior to occupation of the dwelling, whichever is the sooner, as stated in Architectural Drawing K056/P/10-201 received on 30th July, 2009.
Do not oppose; no traffic management, parking or road safety implications
Highways Division raised no objections due to no traffic management, parking or road safety implications; Lonan Parish Commissioners recommended refusal due to adequate alternative accesses and unauthorised works; local resident David Owens objected citing safety hazards and prior misleading statements.
Key concern: high risk of serious accident due to large vehicles reversing on public road without supervision
Department of Transport Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Lonan Parish Commissioners
ObjectionThe Board recommends refusal on the grounds that there were adequate alternative routes of access to the site and that there is no requirement for the retention of the new gateway.; They believed that the matter of access was foreseeable and that the required planning application and permission should have been sought prior to the works commencing.; They note that despite the retrospective application, works and usage of the unauthorised access have continued.
Lonan Parish Commissioners
ObjectionLonan Parish Commissioners remain opposed to this application for the reasons reiterated below.; The Board recommends refusal on the grounds that there were adequate alternative routes of access to the site and that there is no requirement for the retention of the new gateway.; They note that despite the retrospective application, works and usage of the unauthorised access have continued.; It is a matter of concern that the amount of stone being quarried would either appear to be well in excess of that which was originally anticipated or it has been a coincidence that the stone so quarried, amounting to 10000 tonnes has found a market being used at a School under construction in Onchan.
David Owens
ObjectionI write to object to the above planning application; the applicant has previously misled both the planning committee and any other interested parties.; Large vehicles are continually eroding the sod-covered hedges on Baldrine Road and in many places the hedges have now collapsed.; Very frequently the Baldrine Road is covered in mud and stone which has been dragged from the field; I am aware of a number of cars that have skidded due to the slippery road conditions.; lorries reverse back onto Baldrine Road and accelerate into the temporary road until they skid to a halt; In my opinion it is only a matter of time before there will be a serious accident.; there is already an existing road which leads across the field and onto Baldrine Road from the owners house. Furthermore there is also an existing access to the site from Barroose Road. Therefore there is absolutely no necessity for the temporary road or permanent new field gates.
The original application for a temporary construction road and permanent field gate associated with an eco-house at a former quarry was approved retrospectively by the Planning Authority on 13 October 2009 despite being unannounced initially. Appellants (Parish Commissioners and D P Owens) argued it harmed countryside character, breached multiple Strategic Plan policies (EP1, GP3, Minerals Policy 1, SP4, wildlife policies), posed highway safety risks, damaged hedges affecting protected shrews, and was unnecessary given alternatives. The Planning Authority and applicant defended it as temporary, beneficial for construction access avoiding residential areas, with no highway objections and restoration conditions. Inspector found temporary harm to character outweighed by benefits in access and amenity, accepted as policy exception due to conditions, dismissed mineral and species concerns, and recommended upholding the approval.
Precedent Value
Demonstrates temporary construction accesses in countryside can be approved as policy exceptions where linked to approved development, restoration conditions are robust, and benefits (access, amenity) outweigh short-term harm. Future applicants should prioritise DoT support and evidence-based benefits over policy absolutism.
Inspector: Neil A C Holt
