2 October 2007 · Planning Committee
The Bungalow, Main Road, Ballaugh, Isle Of Man, IM7 5ed
The proposal sought permission to keep an existing access created by removing part of a roadside sod bank and a bush, plus a 1.8m high close-boarded timber fence and gate, to provide additional off-road parking for the bungalow in a rural location on the TT course.
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The Planning Committee refused because the applicant failed to demonstrate sufficient need for an additional vehicular access, and the 1.8m high fencing/gate introduced an 'unduly prominent and incong…
Environment Policy 2
Within AHLVs, protection of landscape character is paramount unless development does not harm landscape quality or location is essential. Officer assessed the access/fence harms character via sod bank removal and incongruous fence; inspector found limited but unjustified harm given alternatives, necessary to resist to meet policy objectives and avoid precedent.
No objection
Do not oppose
Considers that the refusal of the application was totally unreasonable and almost frivolous and time wasting for such a minor matter. The fencing and gate can not be classified as unwarranted development in the countryside and the proposal would enable the provision of additional on site parking where vehicles parked on the road are a traffic hazard.
Ballaugh Parish Commissioners stated no objections to the retention of fence and access; Highways Division had a pending response listed but no substantive comments provided.
Ballaugh Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto
Department of Transport, Highways Division
No CommentPending
Ballaugh Parish Commissioners
No Objectionmy Commissioners do not wish to add to their previously submitted comments and views, but request that those comments and views are taken into consideration at the Appeal
The original application 07/01329/R for retention of a 3.6m wide fence and access, created by removing part of a sod bank and hedgerow, was refused by the Planning Committee for breaching Environment Policy 2 in an Area of High Landscape Value (AHLV). The appellant argued the access improves highway safety by providing off-road parking on the busy TT course, with no objections from consultees and similarity to local fencing. The Council defended the refusal citing landscape harm and non-essential nature of the access. The inspector acknowledged limited harm but prioritised landscape protection under Policy E2, finding alternative parking access possible and risk of precedent, recommending dismissal. The Minister concurred and directed reinstatement of the sod bank and removal of the fence.
Precedent Value
Reinforces strict application of Policy E2 in AHLVs: even minor developments causing any landscape harm will be resisted without proven essential need, prioritising cumulative protection over benefits. Applicants must demonstrate no alternatives exist before proposing rural boundary alterations.
Inspector: Neil A C Holt
