24 May 2022 · Planning Committee
Ballachrink Beg, Jurby East, Isle Of Man, IM7 3hd
The proposal seeks retrospective permission for a pond dug in an agricultural field to manage winter waterlogging, with natural filling from rainwater and field drains, outflow to an existing ditch, and future planting of trees and shrubs.
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The officer recommended approval despite the site being zoned 'Not for Development', justifying it under General Policy 3(h) for works interpreting the countryside and its wildlife, as the pond provid…
General Policy 3
GP3(h) allows buildings or works required for interpretation of the countryside, its wildlife or heritage. Officer applied this exceptionally to the pond as it enhances nature conservation over underused agricultural land in a 'Not for Development' zone, with minimal visual change.
Strategic Policy 1
Seeks development to make best use of resources. Pond addresses waterlogging, reducing flooding in the field.
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires protection or enhancement of landscape quality without unacceptable pollution. Proposal enhances landscape via ecology with minimal visual impact.
Environment Policy 1
Prevents development adversely affecting the site except in exceptional circumstances. Exceptional ecological benefit justifies approval.
Environment Policy 2
Prevents harm to character of high landscape value areas. Minimal visual impact as pond not visible from public roads, acceptable like recent similar ponds.
Environment Policy 4
Protects ecology, designated sites and protected species. Pond introduces new habitat with net biodiversity gain, no issues from DEFA.
Environment Policy 22
Permits development only if not unacceptably harming the environment. No unacceptable harm identified.
Environment Policy 27
Seeks to enhance the natural environment. Pond accords with policy and para 7.21.1 for wildlife/drainage ponds.
Planting/seeding details
Within two months of the date of this decision, details of any proposed planting/seeding shall be submitted to and approved in writing by the Department and the development shall not take place other than in accordance with the approved details. Reason: the application does not provide details of any proposed planting/seeding and given the nature of the proposed scheme, it is important that any that does take place is appropriate.
No Highways Interest.
Do not Oppose.
no issues with regards to the application.
the works are not likely to have caused an issue.
All consultees (DEFA Fisheries, DEFA Biodiversity, DOI Flood Risk Management, DOI Highways) raised no objections to the retrospective pond creation at Ballachrink Beg Fields, Jurby, with DEFA Fisheries providing advisory guidance on future works near watercourses.
DEFA Fisheries
No ObjectionDEFA Fisheries Officers have determined that the retrospective works are not likely to have caused an issue however we would advise that you contact us on future works that are outside the ‘working window’; works are limited to protect spawning fish populations between the months of July to the end of September, inclusive. You are required to contact DEFA Fisheries before work commences if you intend to work outside the permitted ‘working window’
DEFA Biodiversity
No ObjectionWell planned ponds which are accessible to wildlife via gently sloping sides, are generally considered good for wildlife; it is located in an area of agriculturally improved land and I believe that it will be of ecological benefit in time, once vegetation has had longer to establish. The Ecosystem Policy Team have no issues with this application.
Department of Infrastructure (DOI) Flood Risk Management Division
No ObjectionDNO
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI on 27.1.22
