5 October 2023 · Delegated - Principal Planner (Chris Balmer)
Ballacreg, Dreemskerry Hill, Maughold, Isle Of Man, IM7 1be
The proposal involves upgrading an existing overgrown secondary access track from Dreemskerry Hill, a narrow rural classified road near Dreemskerry railway station, to serve as the main access to the existing dwelling at Ballacreg.
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The officer assessed that upgrading an existing secondary access, already in place but overgrown, to serve the dwelling as the main access was acceptable in principle given its prior existence, outwei…
General Policy 3
GP3(f) allows exceptions to countryside development for operations essential to agriculture or other specified uses; officer found upgrading existing access to serve dwelling acceptable as it already exists, outweighing restrictions in 'not for development' zone.
Environment Policy 1
Protects countryside from unwarranted development; tree works and access upgrade deemed acceptable with protections and mitigation, addressing officer's assessment of principle and tree impact.
Environment Policy 3
Prohibits unacceptable loss/damage to woodland with amenity/conservation value; removal of poor-condition trees outside red line clarified via Manx Roots assessment, with DEFA no objection subject to protection and planting conditions.
Transport Policy 3
New development near rail routes must not compromise tourism/leisure/public transport use; proximity to Manx Electric Railway noted, but visibility splay and low-traffic road ensured no safety compromise.
General Policy 2
Requires good design, siting, scale, character; access design with tree root protection and sensitive surfacing found acceptable for rural sylvan setting per (b),(c),(f),(g).
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.
Tree protection measures
The development, hereby approved, shall be carried out in complete accordance with the details outlined in the Method Statement for Tree Protection Measures by Manx Roots Tree Management dated September, 2022; and, Drawing No. TP-210922 - Tree Protection Plan @ scale 1:500, unless otherwise agreed in writing by DEFA Planning. Reason: To ensure that the trees on and around the site other than those approved for removal are adequately protected during the course of development in the interests of their longevity and visual amenity.
Tree planting plan
Prior to the commencement of the development, hereby permitted, a tree planting plan to mitigate for the loss of the trees shall be submitted to, and approved in writing by DEFA Planning. Such trees shall be Manx/UK Native species and shall be planted in the first planting season (November - March) following the completion of the access track works. Thereafter, all constituent trees shall be retained/maintained for a minimum 5-year period and any trees that die, become diseased, or are removed shall be replaced with a like for like plant in terms of size and species. Reason: In the interests of visual amenity and to enhance the biodiversity of the site and surroundings.
No concerns regarding visual impact; matter left to Highways for road safety. Noted shared access issue but acknowledged as potential civil matter.
No objections provided no adverse effect on adjacent watercourse and precautions against harmful materials entering river.
No objections following clarification; recommend conditioning tree protection measures, arboricultural method statement, and tree planting plan.
Multiple consultees responded to application 23/00091/B for alteration of existing secondary vehicular access at Ballacreg, with most raising no objections but some seeking clarification on tree removal and access ownership.
Key concern: ownership of shared access track
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.
Conditions requested: Highway Licences may be necessary for any equipment and materials to be placed within the highway for the duration of the proposed works
DEFA Fisheries
Conditional No ObjectionDEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse.
Conditions requested: precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river
DEFA Ecosystem Policy
No CommentThe Ecosystem Policy Team are a bit confused by this application in regards to the trees.; Should it therefore be assumed that tree felling is not being applied for with this application...?; the red line outline of the trees indicates that at least 3 of the trees are large and therefore could be mature and have features suitable for bats.
Conditions requested: If trees removed to facilitate development, Arb Assessment with tree classification should be submitted, trees included in red line boundary, details of mitigation provided
Garff Commissioners
No ObjectionThere were no concerns regarding visual impact expressed by Members.; It was a matter that should be left to Highways to determine from a road safety perspective.
Garff Commissioners
No CommentThe Commissioners note that in the application form the applicant has indicated full ownership of the application site.; this may be a civil matter. They believe, however, that the matter should be clarified before any approval is given.
Conditions requested: matter should be clarified before any approval is given
DEFA Forestry
23/000091/B Ballacreg - I am in discussion with Manx Roots on this one, clarifying a few matters. Can’t foresee there being any significant issues.
