16 October 2008 · Minister for Local Government and the Environment (Hon. John Shimmin MHK), following Planning Committee approval and appeal inspector report
Land At Cronk Y Cliwe Adj To, Ballagarraghyn, Coast Road, Jurby, Isle Of Man, IM7 3et
The proposal sought permanent permission for the Isle of Man Schoolboy MCC to hold six additional motocross events (total 13 per year) on scrubland at Cronk y Cliwe adjacent to Ballagarraghyn, Coast Road, Jurby, building on an established use for 4-7 events confirmed in 2005.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
Minister disagreed with inspector's primary conclusion that no lawful use existed, citing 2005 Department letter confirming established use for 4-7 events over 10 years under Town and Country Planning…
Environment Policy 2
Requires landscape character protection in High Landscape or Coastal Value areas unless no harm or essential location. Inspector found existing use harms rare dune landscape; Minister accepted via conditions (fencing, no earthworks, no dune use) despite tension with motocross tracks/earthworks observed.
Environment Policy 4
Prohibits harm to important species/habitats. Concerns over orchids/birds (shelduck, skylark, little tern); no orchids found but surveys required; dunes key but not used; conditions mandate surveys/protection/mitigation.
Environment Policy 22
Prohibits unacceptable noise/amenity harm. Noise ~40dB LAeq (tonal/impulsive); conditions enforce ≤ background +10dB via BS4142-rated surveys, Code of Practice, hours (Sat 15:00-20:30, Sun 11:00-15:30).
General Policy 3
Restricts development outside zones unless excepted uses (motocross not listed). Inspector saw conflict; officer/Minister balanced recreational benefit against controls.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the change of use of the site to hold an additional six motocross events as proposed in the submitted documents and drawing 00863/1 all received on 2nd May 2008.
Fencing scheme
Within two months of the date of this decision there must be submitted to and approved in writing by the Planning Authority detailed drawings showing a fencing scheme for the application site that will prevent access to/egress from the site otherwise than by the existing single point of access from the highway. Within six months of its written approval by the Planning Authority the fencing scheme shall be completed in accordance with the approved details. In the event that any part of the installed fence is removed, is allowed to deteriorate or is damaged to the extent that it is no longer effective in regulating site access/egress the fence shall immediately be repaired or replaced. There shall be no alterations undertaken to the fence without the prior written approval of the Planning Authority.
Operating hours
No use shall be made of the site except on Saturdays and Sundays. On Saturdays the use shall not take place before 15:00, nor after 20:30. On Sundays it shall not take place before 11:00, nor after 15:30, except that in both instances administrative processes may take place from 2 hours before the times stated.
Noise surveys
Before the eighth use following the grant of this permission takes place, surveys of noise shall be carried out by a practitioner approved by the Planning Authority to determine (i) the background noise level on a day when no motorcycling is in progress, and (ii) the noise generated by the use. Rated noise shall then be calculated by a method to be approved by the Planning Authority, and the noise thereby calculated shall be reported to the Planning Authority. Thereafter the rated noise at the nearest residential curtilage shall not exceed background noise by more than 10dB on any occasion.
Noise Code of Practice
No use shall take place except in accordance with the Code of Practice on Noise from Organised Off-Road Motor Cycle Sport published by The Noise Council (1994), except that events may be held on consecutive days, followed by a period of six weeks in which no event shall be held.
No buildings/earthworks
This permission gives no authorisation for the erection of any building or the storage of any vehicle or equipment on the land or any earthwork or excavation within the land.
No use of area 2
No motorcycling shall take place within that portion of the site designated as area 2 on the application plan.
Instability report
Within six months of the date of this permission a report shall be made to the Planning Authority by an approved and suitably qualified expert specifying any parts of the site in which motorcycling activity on the scale proposed would create a risk of instability. Those areas identified shall then be clearly marked, and no motorcycling shall take place at any time within them.
Coastal footpath buffer
Within one month of the date of this permission, the route of the coastal footpath shall be marked on the site, in consultation with the Highway Authority, and no motorcycling shall take place within 50 m of the pathway.
Established use confirmed 2005; additional events for children prevent unofficial riding elsewhere; site ideal (no dust); traffic/parking safe; willing to fence/protect wildlife
No objection
