28 January 2004 · Minister for Local Government and the Environment (confirmed Planning Committee approval after appeal)
Fields 534327 And 534328 Ballacashin, Abbeylands Douglas
The proposal involved hardcoring and extending an existing farm track through fields 534327 and 534328 to provide alternative vehicular access to a disused farmhouse building previously approved for renovation and conversion to a dwelling under PA 02/00986/A.
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The Inspector concluded the main issues were landscape impact and highway safety; highway safety was acceptable as Department of Transport raised no objection and junction meets standards.
Onchan Local Plan Policy O/NC/P/5
Presumption against felling trees except commercial; proposal adheres by retaining hedges and adding new planting, unlike original access requiring tree removal.
Planning Circular 1/98, The Alteration and Replacement of Windows
Requires hedges per circular; condition mandates compliance for new hedges on eastern side.
Plans approval
This approval relates to the creation of a new access to serve the cottage which is to be renovated under the provisions of PA02/0986, as shown in the location and site plans received on 22nd October 2003.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Manx hedges
The hedges to be introduced on the eastern side of the new lane must be constructed in accordance with Planning Circular 1/98 - Manx Hedges.
Visibility splay
The hedging at the southern end where it meets the Abbeylands Road must be lowered in height to enable drivers of emerging vehicles to be able to see oncoming traffic from a point 2.4m from the junction.
no adverse traffic impacts; no objection
upgrading of existing farm track through field 534327 not detrimental to adjacent marshy grassland
no significant landscape impact; similar to nearby drives; preferable to original route due to tail drains and knotweed access
Onchan District Commissioners strongly object to the upgrading of the farm track as it contravenes Condition 4 of prior approval and creates visual impact; DOT Highways has no objection; DAFF Conservation has no concerns regarding the proposed track upgrade.
Key concern: Contravenes Condition 4 of prior approval PA 02/0986/A requiring access past Ballacashin
Onchan District Commissioners
Objectionthe commissioners continue their opposition to the application for this new driveway and would request the planning committee not to go back on its planning condition No 4; Minor technicalities like land drains should not be regarded as having sufficient planning weight to result in the detriment to the amenities of the area
Onchan District Commissioners
Objectionthe Commissioners would respectfully request that the initial decision to approve this application is overturned and the application be REFUSED
Onchan District Commissioners
ObjectionThe Commissioners would recommend that the application be REFUSED for planning purposes
Department of Agriculture, Fisheries And Forestry Wildlife and Conservation Office
No Objectionthis office did not make comments to the Planning Office on the subject of this application. The upgrading of the existing farm track through Field 534327 was not considered to be of detriment to the adjacent area of marshy grassland
Department of Transport Highways Division
No ObjectionNo adverse traffic impacts
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation to the forthcoming review, beyond the response in the initial letter
The original application sought reserved matters approval for upgrading a farm track as alternative access to the farmhouse approved for conversion under PA 02/0986, which had been permitted by the Minister after an inspector's recommendation was overruled. Onchan Commissioners appealed, arguing it contravened condition 4 of PA 02/0986 requiring access past Ballacashin bungalow, misrepresented an 'old farm track', and would urbanise the countryside. The Planning Committee and applicants defended it due to practical issues with the original access (wet ground, septic drains, knotweed removal) and minimal landscape impact with screening. The inspector found no significant harm to landscape or highway safety, commended enforcement efforts but accepted the alternative as equally acceptable, and recommended dismissing the appeal. The outcome upheld the Planning Committee's approval.
Precedent Value
Appeals can succeed by demonstrating equal acceptability of alternatives to strict condition compliance where practical benefits and no material harm exist. Inspectors prioritise on-site reality over rigid condition wording if landscape/highway interests are protected.
Inspector: David G Hollis
