7 January 2022 · Delegated - Director of Planning and Building Control (Jennifer Chance)
Stables And Land Opposite Vicarage And Adjacent To, Main Road, Ballabeg, Castletown, Isle Of Man, IM9 4ee
The site is a rectangular backland plot on the northern side of the A7 Main Road in Ballabeg, sloping upward to open countryside, currently featuring trees including sycamores, poplars, and a cypress, with partial construction of a previous dwelling.
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The officer concluded that while the site is zoned residential and the principle of development is acceptable, the scheme represents an intensification beyond previous approvals for two dwellings, lea…
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, form, design, landscaping (b); not adversely affect landscape/townscape character (c); incorporate existing topography/landscape features like trees (f). Officer found proposal fails due to tree loss, overdevelopment with 3m dwelling separations (vs 6m+ locally), and replacement of green backdrop with dense forms visible from A7.
Environment Policy 3
Prohibits unacceptable loss/damage to woodland/trees of amenity/conservation value. Officer assessed against tree survey showing removal of 8 trees (incl. category B) and pressures on retained trees from proximity/building works, agreeing with DEFA that future removal likely despite pruning mitigations.
Environment Policy 42
New development in settlements must reflect locality character; no inappropriate backland development or removal of green spaces contributing to visual amenity/sense of place. Site's trees and green backdrop key to distinguishing from countryside; proposal's density/overdevelopment harms this, especially in proposed conservation area.
Landscape Proposal 16 of the Area Plan for the South
New residential in Ballabeg/Colby must include tree-planting to soften impact/enhance landscape. Intensity impedes future planting due to pressures on retained trees.
No significant highway safety or network efficiency issues; no opposition subject to conditions for plot access, parking, turning, garage retention, and bicycle parking
Multiple consultees including Arboricultural Officer, Parish Commissioners, and Natural History Society objected due to tree loss and overdevelopment, while Highways had no objection subject to conditions and Ecosystems recommended native planting.
Key concern: Loss of significant trees including category B trees and future pressure to remove retained trees
Senior Forestry and Arboricultural Officer, Agriculture & Lands Directorate
ObjectionThe development is likely to lead to future pressure to remove trees marked as retained.; The development includes the removal of 2 category B (BS5837:2012) trees which should be viewed as material constraints to development.; The development does not include a tree protection plan and the risk of damage is judged to be high
Senior Forestry and Arboricultural Officer, Agriculture & Lands Directorate
ObjectionThis objection is still valid; perhaps even more so, given that trees 14 and 19 are now being retained.; I am still concerned about the RPA incursions on trees 14, 19 and 21 (sycamores).
Isle of Man Natural History and Antiquarian Society
ObjectionIsle of Man Natural History & Antiquarian Society OBJECT to this application.; The loss of such a large proportion of the trees which are a characteristic of the former vicarage ground... are contrary to the aims of the proposed Conservation Area.
Arbory and Rushen Parish Commissioners
ObjectionThe Board felt that the application represents a significant over development of this sensitive site.
Arbory and Rushen Parish Commissioners
ObjectionThe Commissioners remain opposed to this development for the reasons already submitted.; The loss of healthy mature trees proposed by this plan is wholly unacceptable.
Department of Infrastructure Highway Services
Conditional No ObjectionRecommendation: DNOC
Conditions requested: Plot access, parking and turning to accord with Drawing No: 18/02707/01; Garages to be retained for stated purpose; Details of bicycle parking; No gravel surface within 5m of carriageway; All surface water to drain into site; Access rights, liabilities and responsibilities for private street to be made clear to future owners
Department of Infrastructure Highway Services
Conditional No ObjectionContinue to raise no opposition subject conditions as set out in our response dated 6 January 2021.
Conditions requested: Conditions as set out in response dated 6 January 2021
DEFA Ecosystem Policy Officer
Conditional No ObjectionDue to the number of trees to be removed... recommend that new native hedge planting is incorporated into the plans...
Conditions requested: New native hedge planting along western edge of plot 3 using trees such as hawthorn and blackthorn; Plans showing new planting to be provided prior to determination or as condition on approval
The original application for three detached dwellings was refused under delegated authority for reasons including tree loss, future pressure on retained trees, and visual overdevelopment contrary to policies GP2, EP3, EP42, StrP3b, and LP16. The appellant argued the scheme respected previous approvals (including 2019 appeal AP18/0058 for two dwellings), minimised tree impact via Arboricultural Impact Assessment, and matched local density patterns. The Council defended refusal emphasising 32% density intensification, tree canopy reduction, and RPA incursions. Inspector B J Sims conducted an inquiry and site visit, finding the principle acceptable, no unacceptable tree loss compared to fallback, low future removal pressure with conditions, and density not excessive; recommended allowance. Minister accepted recommendation on 16 June 2022, reversing refusal with conditions for tree protection, landscaping, parking, and removal of permitted development rights.
Precedent Value
Demonstrates appeals can succeed on intensification (even 32% over approved fallback) in residential zones if tree protections robust via conditions; future pressure arguments need counter-evidence like sunlight modelling; prior approvals set strong fallback benchmarks in Isle of Man.
Inspector: B J Sims
