25 February 2022 · Director of Planning and Building Control (Jennifer Chance)
Land Adjoining, Ard Reayrt, Laxey, Isle Of Man, IM4 7py
The proposal involved building a double garage for vehicle and goods storage on an irregularly-shaped, sloped, heavily-treed site designated as 'Open Space' under the Area Plan for the East 2020, located off the Ard Reayrt housing estate and accessed via a narrow, unadopted rear lane behind A2 Ramsey Road properties.
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The officer concluded the proposal fundamentally breached General Policy 3 as the site is zoned 'Open Space' on the Area Plan for the East 2020, with no exceptions applying since the garage is unconne…
General Policy 3
Prohibits development outside zoned areas except specific exceptions (a-h); none apply as garage unconnected to residential property on standalone open space site. Officer assessed no justification overcomes 'strong presumption against development on land which is not designated'; would erode Area Plan open space.
Environment Policy 42
Requires new development in settlements to respect local character, prohibits inappropriate backland development and removal of open/green spaces identified in Area Plans. Garage introduces built form into visually important wooded open space, eroding 'sense of place' despite pitched roof design akin to nearby garages.
Environment Policy 3
Prohibits unacceptable loss/damage to woodland with amenity/conservation value. Insufficient arboricultural assessment; garage encroaches root protection areas, removes G1 tree group without species/detail in Registered Tree Area RA2057.
Environment Policy 4
Protects species/habitats of local importance including priority habitats in Manx Biodiversity Action Plan. No Preliminary Ecological Appraisal for broadleaved woodland supporting bats/birds; risks harm without evidence.
Transport Policy 7
Requires safe highway access. Narrow unadopted lane in poor condition with poor visibility splay (inside bend, aided only by mirrors) cannot accommodate extra non-resident traffic.
Strategic Policy 4
Requires protection/enhancement of landscape/nature conservation, no unacceptable environmental disturbance. Lacks evidence of no harm to trees/ecology.
Multiple local residents object strongly to the garage proposal citing zoning violations, woodland protection, ecology, backland development, and unsuitable access; DEFA Ecosystem Policy Officer and Senior Arboricultural Officer raise objections and request detailed surveys.
Key concern: Land zoned as Open Space and protected woodland RA2057 under Tree Preservation Act 1993, contrary to GP3, EP3
Ecosystem Policy Officer, DEFA
ObjectionWe therefore object to this development proposal.; The development will result in a net loss for biodiversity.; Development of this area would be contrary to Environment Policy 3 and Strategic Policy 4 (b)
Conditions requested: Preliminary Ecological Appraisal by qualified ecologist; protected species surveys; arboricultural impact assessment; tree protection plan; updated tree removal plan
Senior Arboricultural Officer, DEFA Agriculture and Lands Directorate
Conditional No Objectionthe Directorate will object to the application on the basis that there is insufficient information; without a protection plan in place substantial damage could be caused
Conditions requested: full arboricultural impact assessment prior to determination; outline tree protection plan prior to determination; If approved: Tree Protection Plan and Arboricultural Method Statement (AMS) prior to commencement addressing protective fencing, ground protection, excavation methods, site monitoring per BS5837:2012
