19 March 2007 · Minister for Local Government and the Environment, via Chief Executive K. A. Kinrade following appeal Inspector's report
Donalds Cottage, Glen Auldyn, Ramsey, Isle Of Man, IM7 2ah
The proposal sought retention of Track C, approximately 336m long and 1.8m wide, unsurfaced with a stony base, linking existing Tracks A and B on the western hillside of Glen Auldyn, Lezayre, to facilitate pheasant feeding for the Glen Auldyn Sporting Syndicate's activities.
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The Minister concurred with the Inspector's conclusion that Track C 'appears as a human artefact, detracting from the wild and remote character of the landscape' in an Area of High Landscape Value and…
Isle of Man Planning Scheme (Development Plan) Order 1982
Designates Glen Auldyn for protection of its largely unspoilt, wilderness character with limited human activity. Inspector assessed the track as a visible human artefact detracting from this, even if mellowing over time; no public interest outweighed harm, especially as it supported uncertain use.
Do not oppose
Multiple consultees including Lezayre Parish Commissioners and Manx National Heritage objected to the retrospective application for retention of a new track in Glen Auldyn due to visual impact, landscape damage, archaeology, traffic, and ecology concerns, while Highways Division had no objection.
Key concern: tracks have formed ugly scars in this natural scenic setting and Area of High Landscape Value
Department of Transport, Highways Division
No ObjectionDo not oppose
Lezayre Parish Commissioners
ObjectionThe Commissioners refuse the retrospective planning application for the track in question along with all other tracks that have been installed at the site without planning permission.; This is an Area of High Landscape Value and Coastal or Scenic Significance.; The tracks should have been properly landscaped and the landscape character should have been retained.
Manx National Heritage
Conditional No ObjectionThe track recently constructed is clearly visible on the hillside from some distance away, although presumably it will mellow in appearance over time and become obscured to a certain extent by bracken.; we would recommend that approval of this application should depend on the necessity of access to approved plantations only, and that no further track building should take place.
Conditions requested: approval of this application should depend on the necessity of access to approved plantations only; no further track building should take place
The original application for retention of a new 336m unsurfaced track (Track C) in open countryside was permitted by the Planning Authority on 08.03.2007. Paul Kenneth Cringle and Lezayre Parish Commissioners appealed, arguing landscape harm, facilitation of potentially unlawful pheasant shooting, residential amenity impacts, and cumulative effects with other unauthorised tracks. The Planning Authority and applicant (Glen Auldyn Sporting Syndicate) defended the approval, claiming minimal visual impact that would mellow over time. Inspector Michael Hurley found the track detracts from the wild landscape character, serves a pheasant shooting use of uncertain legality, and sets a precedent for further tracks; he recommended allowing the appeals. The Minister accepted this, refused the application, allowed the track to remain in place but not be used as such, and referred the land use to the Director of Planning.
Precedent Value
This appeal demonstrates third parties can successfully overturn permissions for minor infrastructure in high landscape value areas if linked to questionable underlying uses; future applicants must confirm lawfulness of supported activities before seeking ancillary development approval, as inspectors prioritise landscape protection and precedent control.
Inspector: Michael Hurley
