11 October 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Land At, Pine Lodge, Clay Head Road, Baldrine, Isle Of Man, IM4 6dh
The proposal involved approval in principle for erecting a detached dwelling and garage on a parcel of land within the curtilage of Pine Lodge, a residential property on the northern side of Clay Head Road in Baldrine, Lonan.
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The officer determined the site is designated as open space (private woodland or parkland) under the Laxey and Lonan Area Plan 2005, with a 'general presumption against development' per policies L/RES…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Requires residential development generally only in areas designated as proposed/existing residential. Site is designated open space, so proposal fails this test; officer noted 'general presumption against development' with no flexibility applied due to specific designation.
Policy L/OSNC/PR/1
General presumption against development in areas designated open space or for particular purposes. Site specifically designated private woodland/parkland, directly conflicting; no material considerations outweighed this.
Sites identified as woodland or open space
Development not generally permitted in woodland/open space to protect natural attraction/amenities. Proposal requires felling mature trees of amenity value; officer assessed as unacceptable loss despite incomplete survey.
Environment Policy 3
Prohibits development causing unacceptable loss/damage to woodland areas of public amenity/conservation value, especially ancient/natural/semi-natural. Mature trees on site contribute to amenity in High Landscape Value area; felling deemed contrary despite not ancient.
No objection in principle, subject to conditions on connection to public sewer, full details of foul/surface water disposal, no surface water to foul systems, and 21 days notice under Sewerage Act 1999
Do not oppose subject to conditions: on-site turning facility, off-street parking per Manx Roads standards, 2m x 23m sight lines to Clay Head Road access
No objection, request informative note that applicant must contact Authority for water supply connection under Water Supply Byelaws
Multiple consultees responded to application 07/01438/A, with Lonan Parish Commissioners and individual residents objecting due to tree removal, lack of plan definition, and precedent for further development on poor access road, while statutory bodies raised no objections subject…
Key concern: further development in this area is not defined in the Laxey & Lonnan Area Plan Order 2005
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; A Communication Fee will be payable to the Department of Transport in respect of this drainage connection.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
Department of Agriculture, Fisheries & Forestry Arboricultural Officer
No Commentwe are not, at this stage, able to comment owing to the lack of arboricultural information
Lonan Parish Commissioners
Objectionthey recommend refusal of the above Planning Application
Department of Transport Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: 2 metre by 23 metre sight lines shall be provided for the access on to Clay Head Road; Off street parking shall be provided in accordance with Manx Roads 1; An on site turning facility shall be provided such that vehicles can turn on site and re-enter the highway in a forward gear
Isle of Man Water Authority
Conditional No ObjectionConditions requested: a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
The original application (07/01438/A), a resubmission of 06/02143/A, sought approval in principle for a detached dwelling and garage on part of the garden of Pine Lodge, refused by the Planning Committee for being outside designated residential zoning in an open space/woodland area. The appellant argued the site was previously developed land within a settlement, tree loss was minimal and comparable to other approvals, and local housing needs required flexibility given drainage constraints on allocated sites. The inspector found the site specifically designated as private woodland/parkland under the Laxey and Lonan Area Plan, with mature trees making a significant contribution to locality character, and tree loss would cause material harm contrary to policies. Other permissions involving tree loss did not justify development here, and any challenge to zoning should occur via plan review. The appeal was dismissed on 19 December 2007.
Precedent Value
Appeals must respect specific local plan designations like 'private woodland' even in settlements and curtilages; flexibility in 'generally' policies limited where harm (e.g. trees) is material. Challenge zoning via plan review, not individual appeals; comparable permissions elsewhere do not justify conflict with explicit protections.
Inspector: Neil A C Holt
