11 May 2022 · Planning Committee
Field 614795, Ballamenagh Road, Baldrine, Isle Of Man, IM4 6ah
The proposal involved approval in principle for siting, design, and access of a new 1.5-2 storey detached dwelling with a contemporary design appearing as three conjoined buildings, providing 278.9 sqm (3000 sq ft) of floorspace including three bedrooms, open plan living, large kitchen/dining, disabled lounge, en-suite…
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The officer assessed the site as unzoned countryside ('white land') under the Area Plan for the East, not within a named settlement, directing development to urban/rural settlements per Strategic Poli…
Strategic Policy 1
Directs development to previously developed land. Site has lawful builders yard but lacks permanent consented structures, continued use not redundant, and dwelling would introduce built form worsening landscape, failing GP3(c) test.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs development to existing urban and rural residential areas. Site in open countryside, not a settlement, remote from public transport.
Strategic Policy 3 - To respect the character of our towns and villages
Identifies service villages for development. Site not in named settlement per settlement hierarchy.
Strategic Policy 4
Protects setting of Registered Buildings (4a, 4b). Proposal introduces built form visible from St Adamnan's Church (RB No.13), harming open rural setting.
Spatial Policy 5
Requires good design and minimal visual impact. Contemporary design, scale, massing dominant and unsympathetic to rural vernacular.
Strategic Policy 10
Promotes sustainable transport. Remote countryside location lacks public transport access.
General Policy 2
Requires sympathetic design, scale, character (b&c). Proposal overdevelopment with adverse visual impact in rural area.
General Policy 3
Strict exceptions for countryside development (a-d). Fails all: no ag need, no conversion/replacement, no national need overriding countryside protection.
Environment Policy 1
Protects countryside unless overriding national need. New dwelling inappropriate in unzoned area, harms openness.
Housing Policy 4
Locates new housing in settlements or exceptions. Site fails countryside exceptions.
The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to drawing No. PA 001. An advisory for a S109(A) Highway Agreement to apply too.
Acceptance to the Manx Wildlife Trusts Preliminary Ecological Appraisal (PEA) and that it is suitable level of assessment and suggests 4 appropriately worded conditions for an Ecological Clerk of works to be employed; the need for a lizard hibernaculum, a soft landscaping scheme and bird nesting boxes.
Highways and DEFA Ecosystem Policy raise no objection subject to conditions on access, drainage, ecology, and wildlife mitigation; Manx National Heritage raises no formal objection but requests avoidance measures; Garff Commissioners object due to visual impact, unzoned land, and traffic concerns.
Key concern: visual impact in a sensitive rural location, unzoned land, and increased traffic (Garff Commissioners objection)
Highways Development Control
Conditional No ObjectionThe location of the new access and visibility achievable is acceptable to Highways.; Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to drawing No. PA 001. An advisory for a S109(A) Highway Agreement to apply too.; Recommendation: DNOC
Conditions requested: Visibility splay area must be free from obstructions above a height of 1.05m for the duration of the life of the development; Existing access should be blocked off with the boundary reinstated; Section 109(A) Highway Agreement to be made post planning consent; Applicant / Developer shall provide run off / surface water drainage where necessary to prevent water from flowing out onto or damaging the public road; On construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant’s / Developer’s expense on a satisfactory arrangement being drawn up and agreed with the Highway Services’ Drainage team; All access arrangements to accord to drawing No. PA 001
DEFA Ecosystem Policy
Conditional No ObjectionThe Ecosystem Policy Team can confirm that we are happy with the Manx Wildlife Trust’s Preliminary Ecological Appraisal (PEA) dated June 2019 and that a suitable level of assessment has been undertaken.; In line with the mitigation recommendations contained in the PEA and the Design Statement, the Ecosystem Policy Team request the following conditions on approval
Conditions requested: An Ecological Clerk of Works must be appointed for the duration of the works, including site clearance, who will be responsible for overseeing and advising on all ecological avoidance and mitigation measures for Wildlife Act 1990 protected and invasive species, including the updating and implementation of the Reasonable Avoidance Measures for viviparous lizard and frogs (updated to remove all reference to work being undertaken in 2019); A viviparous (common) lizard hibernaculum must be created in an undisturbed, sunny location in the south of the site prior to site clearance. Plans showing the location and construction details of the hibernaculum should be submitted to Planning for written approval prior to works taking place; A detailed soft landscaping scheme incorporating Manx native planting, should be submitted to Planning for written approval prior to works taking place; A detailed bird nest box plan should be submitted to planning for written approval prior to works taking place
Manx National Heritage
No ObjectionThe development is not considered to pose a great problem to wildlife but we would like to reiterate the need for reasonable avoidance measures (RAMS)
Conditions requested: Reasonable avoidance measures (RAMS) to be put in place prior to works commencing to prohibit building materials or earth entering the nearby water course; Building works to be kept as far as practicably possible from the tree line; Additional lighting of the area, both during construction and after completion, should seek to avoid the eastern and western boundary features and where lighting is installed it should ideally be downward facing and low spread; All rubble should be checked before disturbance or removal; As mitigation, for the removal of the rubble, stones could be piled in an area where they may be deemed acceptable to the applicants to provide refuge for remaining lizards
Garff Commissioners
ObjectionMembers noted several ‘refusal decisions’ for the siting of a dwelling on this site and expressed a range of concerns with these new proposals.; The Board resolved to object to the proposals.
The original application for approval in principle for a new dwelling addressing siting, design, and means of access on Field 614795, Ballamenagh Road, Baldrine was refused by the Planning Committee for reasons including unsustainable location in countryside, failure to meet exceptional circumstances under GP3 and HP4, inappropriate development contrary to EP1, adverse visual impact contrary to STP5 and GP2(b&c), and harm to the setting of Registered Building No.13 (St Adamnan's Church) contrary to STP4(a). The appellant argued the site is previously developed land (PDL) with a Certificate of Lawful Use (CLU) as a builders yard, personal circumstances for caring for a disabled family member, visual improvement over current use, no highway or ecology objections, and willingness to amend design. The Inspector's analysis found the proposal conflicted with countryside protection policies (GP2, EP1-2), harmed the AHLV landscape and setting of RB13 (StrP4), with personal circumstances not constituting a policy exception despite sympathy, and benefits from site tidy-up outweighed by harms. The Minister accepted the Inspector's recommendation to dismiss the appeal on 23 November 2022.
Precedent Value
Reinforces strict countryside protection; personal needs (even disability care) rarely justify new open countryside dwellings without policy exceptions. Applicants must demonstrate full GP3 compliance for PDL; focus on traditional vernacular designs in AHLV; tidy-up benefits alone insufficient.
Inspector: B J Sims BSc (Hons) CEng MICE MRTPI
