30 March 2010 · Deputy Minister for Infrastructure (William Edward Teare, ACIB, MHK) acting under delegated authority following appeal Inspector's recommendation
Field 230354, Orrisdale Road, Orrisdale, Kirk Michael, Isle Of Man, IM6 2hb
The proposal involved changing the use of a small field (approx. 40m x 14m) adjacent to the Heritage Trail from agriculture to a public picnic orchard, including 3 picnic tables, 20 ornamental cherry trees around the edge, a 3m wide pedestrian gate, stock-proof post and wire fencing, and hawthorn hedging.
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The Inspector concluded the proposal was a small-scale change of use from agriculture to recreational woodland with low key impact and public benefit that could enhance countryside experience.
Environment Policy 1
Protects countryside for its own sake; no development unless overriding national need/no alternative. Officer found material change to detriment of openness/rural character. Inspector found principle acceptable as low-key enhancement outweighed by public benefit.
Environment Policy 2
In High Landscape/Coastal Value areas, landscape character most important unless no harm or essential location. Officer: regimented planting/fencing/enclosure harms openness. Inspector: original design fails but conditionable to achieve long-term sympathy via native/random planting/Manx hedges.
Transport Policy 4
Highways must safely accommodate development traffic. Officer/Highways: no off-road parking causes verge/road obstruction. Inspector: negligible harm from low/rare use on quiet lane, past public parking ok.
Transport Policy 7
Parking per standards. Officer: demand cannot be met safely off-highway. Inspector: disproportionate standards for tiny site; 3 cars rare, no accidents/damage evidence.
General Policy 2
Mentioned by Highways re highway accommodation. Inspector found compliant due to low impact.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this decision.
Enclosure and planting scheme
No development shall take place until there has been submitted to and approved in writing by the Planning authority a scheme for the enclosure and planting of the land, including a method statement having the objective of rapid establishment of ground cover. Development shall be carried out in accordance with the approved scheme.
Maintenance regime
The scheme submitted in 2 above shall include a maintenance regime for the land for the life of the development, and any trees or shrubs which die within 5 years of planting shall be replaced by another of similar size and species.
No objection. Site convenient for walkers on Millennium Trail, superb viewpoint, few places to sit/relax, picnic tables hidden in banks/hedges, no A3 signs to limit cars.
Ensure accessible to all including prams/disabled: pathways with good drainage, stable non-slip surface.
The original application 09/01971/B for creation of a public picnic orchard was refused due to harm to countryside character in a High Landscape Value area and highway safety concerns from lack of parking. The appellant argued it would enhance rural character with native features and low-impact use primarily for walkers. The Council defended refusal on landscape impact from regimented planting and picnic tables, plus parking issues on a narrow road used by walkers. The inspector found the proposal acceptable in principle as recreational woodland with low-key public benefit outweighing minor harms, subject to revised landscaping via conditions; parking harm was negligible given low usage and past public appropriation of adjacent land. Hon. W. E. Teare MHK accepted the recommendation and approved the appeal on 31 August 2010 with conditions on commencement, enclosure/planting scheme, and maintenance.
Precedent Value
Demonstrates appeals can succeed by establishing principle of low-impact recreational use in countryside with landscaping conditioned for later approval; stresses native species/hedges and proportionate parking evidence over rigid designs.
Inspector: David Ward
