16 March 2023 · Planning Committee
Ballavilley, Dhoor, Ramsey, Isle Of Man, IM7 4ed
The proposal involves building a structure for arboricultural (tree surgery) use within the curtilage of Ballavilley, a residential property in the countryside near Ramsey. The building is described as of practical character, located close to existing buildings and not visible to the public.
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The proposal was assessed as complying with General Policy 2, General Policy 3 and Environment Policy 1 of the Strategic Plan, despite being potentially contrary to the development plan.
General Policy 2
General Policy 2 (b) (c) (g) (m) (n) requires consideration of development impacts on character, amenities, highways and environment. The officer assessed the proposal as compliant due to no negative effects on streetscene, neighbour amenity (67m separation), traffic, or countryside character.
General Policy 3
General Policy 3 (f) supports appropriate rural business uses. The arboricultural business was deemed suitable for countryside location given operational needs, establishing the development principle as acceptable.
Environment Policy 1
Environment Policy 1 protects countryside from unwarranted intrusions. The building was exceptionally approved solely for arboricultural need, with a removal condition if use ceases, ensuring no long-term harm.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Approved plans
The use hereby approved is for the proposed arboricultural building shown on the proposed site plan and drawing no. P6441-01 only. Reason: for the avoidance of doubt
Use restriction and removal
In the event that the building hereby approved is not used or required for arboricultural purposes for a period exceeding 6 months, the arboricultural buildings hereby approved shall be removed and the ground restored to its former condition within 12 months of its last use. Reason: The building has been exceptionally approved solely to meet arboricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
no objection
does not object
Highway Services Division and Lezayre Parish Commissioners both raised no objections to application 22/01351/B, while a nearby resident submitted a representation raising concerns about the proposal's compliance with prior permissions.
Key concern: proposal deviates from original agricultural permission to mechanical engineering use without proper industrial specifications and shows unauthorized operations
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.
Lezayre Parish Commissioners
Support22/01351/B Erection of a building for arboricultural use, Ballavilley, Dhoor, Lezayre Approved Unanimous
Ballalherghy Cottage resident
ObjectionThe original application for this sight was for a agricultural dwelling . The application for this unit when you read through the application is for a mechanical engineering unit and the unit shown in the plan is agricultural spec unit and not a industrial unit fit for purpose. Their is no fire doors - insulation-toilets ext . The application pictures show a number of vehicles out side wich is against the planing that was granted for the original unit and it also suggests the original unit is being used for this purpose with out planing permission. The plant listed could never be acomidated even with the additional unit wich would be unlawful under the original planning permission.
