26 July 2006 · Delegated - Director of Planning and Building Control (M.I. McCauley)
Field 975 Adjacent To Loughan E Yeigh, Track From Garey Road, Garey, Ramsey, Isle Of Man, IM7 2eh
The application sought permission to create a new vehicular field access onto Garey Road, 13m wide extending 12m into the field before a gate, in a location chosen to minimise tree damage including removal of a dead stump.
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The officer considered the proposal's impact on the character and appearance of countryside in an area of special landscape protection, noting the roadside grasses, hedgerow and trees form an attracti…
Isle of Man Planning Scheme (Development Plan) Order 1982
Governs development in unzoned open countryside including Area of High Landscape or Coastal Value and Scenic Significance and registered woodland. Officer assessed proposal as harmful to countryside character, removing attractive roadside vegetation unnecessarily despite special protection; agricultural need did not justify loss.
Highway Division objects due to inadequate visibility splays; Lezayre Parish Commissioners refuse by majority citing insufficient need and tree destruction risk; local residents H. Callow and Marian Sale object on wildlife, tree, and highway safety grounds.
Key concern: Visibility splays of 2 metres by 13 metres offered but 2 metres by 23 metres required for 30mph
Department of Transport Highway Division
ObjectionVisibility splays of 2 metres by 23 metres are required to provide safe stopping sight distance for vehicles travelling upto 30 miles per hour.
Lezayre Parish Commissioners
ObjectionThere seems insufficient evidence that this access is required.; Local knowledge indicates that the gap planned for the gate is not wide enough to prevent destruction of trees.
H. Callow
ObjectionThe correct place for a new Gateway into this field is about 40 yards to the Ford side of the Planning Application Notice.; This field is a wild life haven, with all types of birds. We have Owls, Sparrow hawks, Hen-Harriers, etc.; Bats also roost in this area.; There should be no work carried out during the Bird Nesting season.
Conditions requested: There should be no work carried out during the Bird Nesting season.
Marian Sale
Objectionit would entail felling a number of trees.; The Garey road is very narrow at this point, and visibility to right and left is not far in either direction.
The original application for creation of a new field access was refused due to damage to trees/foliage and insufficient visibility splays. The appellant argued minimal tree damage at the widest gap, necessity for agricultural reinstatement, recessed gate design for safety, and willingness for conditions including mirrors and landscaping. The Council defended refusal citing landscape protection in an Area of High Landscape Value, registered woodland, Highways objection on visibility (2x13m provided vs 2x23m required), and lack of proven agricultural need. The inspector concluded the access would damage rural character, require further tree loss for adequate visibility, and endanger highway safety, outweighing agricultural justification. The Minister accepted the inspector's recommendation to dismiss the appeal on 26 January 2007.
Precedent Value
Demonstrates strict protection of rural landscape features and roadside verges in Areas of High Landscape Value; highway standards (visibility splays) rigidly applied even for low-intensity agricultural access; long-term neglect weakens agricultural necessity claims; alternative sites suggested by objectors influential.
Inspector: Terrence Kemmann-Lane
