24 June 2022 · Head of Development Management - Stephen Butler
Close Jairg Beg, Old Church Road, Crosby, Isle Of Man, IM4 2ha
The proposal involved creating a new 4m wide gravel driveway 39m north of the existing one, erecting a 1.8m high boundary fence with matching hedge and 10 new trees, and levelling the garden to an average 40m height without importing material.
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The officer concluded the principle of a second access and landscaping works was unacceptable as the site is in unzoned countryside with an existing sufficient access, and no strong evidence was provi…
Environment Policy 1
Protects countryside for its own sake outside settlements or zoned areas; development not permitted unless overriding national need with no alternative. Officer found no justification for new access or landscaping in unzoned site, failing as no overriding need demonstrated.
General Policy 3
Permits development only in zoned areas with exceptions not applicable here. Site unzoned post High Court quashing of residential designation; proposal fails principle test for countryside location.
General Policy 2
Requires development to respect site/surroundings (b), not adversely affect landscape character (c), incorporate existing features like trees/sod banks (f), provide safe access (h), not harm road safety (i). Failed on visual harm from sod bank/tree alterations, highway risks, tree damage.
Environment Policy 3
Prohibits unacceptable loss/damage to woodland with amenity/conservation value. Tree removal in registered area RA0346, inadequate protection, grade changes risking roots without method statement; no net benefit.
Strategic Policy 4
Requires protection/enhancement of landscape quality and nature conservation (b). Proposals fail to protect trees/habitat, causing net biodiversity loss against 'no net loss' strategy.
Transport Policy 4
Addresses highway safety. Second access increases conflict without safety justification per Manual for Manx Roads.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Gives equal weight to pedestrians. New access cuts through only pedestrian walkway on road.
No objection in principle, but concerns on watercourse impacts requiring sediment mitigation condition
Multiple consultees including DOI Highways, DEFA Arboricultural Officer, Ecosystem Policy, Marown Parish Commissioners, and Marown Memorial Playing Fields objected to the application primarily due to risks to mature trees, inadequate justification for a second access, biodiversit…
Key concern: Risk of damage to important mature amenity trees from driveway construction without adequate arboricultural assessment and protection
Senior Arboricultural Officer, Agriculture & Lands Directorate, DEFA
Conditional No ObjectionThe submission of an adequate tree protection plan should be seen as red line; if this information is not provided the Directorate would have to object; Using some rough calculations I would estimate that the first 17-18m of this access would need to constructed on a cellular confinement system
Conditions requested: Submission of robust outline Tree Protection Plan prior to determination; If approved, condition for detailed Arboricultural Method Statement with supervision
Marown Memorial Playing Fields Ltd
ObjectionWe still cannot establish any justification for an additional entrance; Dual access to a house and fields is not a particularly unusual arrangement and has obviously worked for a considerable length of time
DOI Highways
ObjectionRecommendation: O - Oppose
Conditions requested: Close off existing access and reinstate boundary
Ecosystem Policy Officer, DEFA
ObjectionIf no sufficient justification is provided then we recommend that this application is refused as unnecessary and damaging; DEFA Inland Fisheries Team should be consulted
Conditions requested: Preliminary Ecological Appraisal (PEA) per CIEEM 2017 guidelines prior to determination
DOI Highways
ObjectionRecommendation: Oppose; The creation of a new access onto the highway will require a separate Section 109(A) Highway Agreement
Conditions requested: Amend plans to remove tarmac drive on existing access for agricultural use
Senior Arboricultural Officer, Agriculture & Lands Directorate, DEFA
ObjectionOther points raised in my initial comments have not been addressed
Manx National Heritage
Conditional No ObjectionThe applicant has not provided an arboricultural impact assessment which needs to be informed by a professional assessment of arboricultural constraints
Conditions requested: Arboricultural impact assessment informed by professional assessment
Marown Parish Commissioners
ObjectionCommissioners resolved to OBJECT
DEFA Fisheries, Inland Fisheries Section
Conditional No ObjectionDEFA Fisheries have no objection in principal to this development, but there are some concerns
Conditions requested: Any works must mitigate the mobilisation of sediment entering the Dhoo River
The original application for a new driveway, fence and garden levelling was refused by DEFA for reasons including harm to character/sod bank, tree loss/impact, insufficient arboricultural details, countryside character harm and highway safety risks. The appellant argued no tree removal/excavation, existing access too long limiting land use, court judgment confirming residential curtilage, compliance with sightlines and no safety issues raised pre-refusal. The inspector found no principle objection to an additional access in the residential curtilage but concluded highway safety risks at a narrow road section with parking/pedestrian conflicts were decisive, alongside adverse visual impact urbanising the rural site, uncertainties over tree root protection and biodiversity harm without assessments. No overriding need was demonstrated. The inspector recommended dismissal without split decision.
Precedent Value
Demonstrates even in established curtilages, additional accesses require proven safety benefits and full protective assessments; highway safety at constrained locations can be decisive even with compliant geometry.
Inspector: B J Sims