**Document:** Verduyn Architecture Meeting Notes
**Application:** 21/01113/A — Approval in principle for the erection of a new dwelling addressing siting, design, and means of access
**Decision:** Refused
**Decision Date:** 2022-05-11
**Parish:** Lonan
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/8151-lonan-ballamenagh-road-dwelling-outline/documents/1174709

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# Verduyn Architecture Meeting Notes

Ballagawne House, Ballagawne Road, Colby, IM9 4AZ

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Planning and Building Control Directorate 18 February 2022 Department of Environment, Food and Agriculture Murray House Mount Havelock Douglas IM1 2SF

Dear Jason Planning Application for: 21/01113/A Approval in Principle for a New Dwelling To Replace Existing Builders Yard at Field 614795, Ballamenagh Road, Baldrine.

Further to our meeting of 26th January 2022 I have summarised below the main points discussed, the policies and definitions we have put forward in our proposal, and the additional supporting information we wish to include in the application.

## - Definition of Agricultural land

Definition for agricultural land as per IOM Town and County Planning Act 1999.

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

In summary, agricultural land is defined as land used for food production.

The applicant can confirm that this land is not used for food production purposes and to their knowledge never has. The land is known to the applicant as she grew up on this land. The land is not suitable for agricultural purposes due to the steep slope and the landfill.

The portion of land does not form part of any farmland in the surrounding area and is under separate ownership. It is therefore not even used to support agricultural activity in any way.

The granting of a CLU shows that evidence was sufficient to illustrate that the site has been used as a builder’s yard for in excess of 15 years. Prior to this it was used as a tipping site by IOM Government and has not been used for agricultural purposes in living memory.

The Area Plan for the East shows this area as agricultural however, this is applied at broad stroke level. The site itself is not agricultural in term of the definition in the IOM Town and Country Planning Act.

- - Exceptional circumstances Due to the family’s circumstances, they would need to look at building a property as existing housing stock is very unlikely to fulfil their requirements. Please see further supporting information regarding the family’s personal circumstances, which includes:

- a) Personal Statement
- b) Letter from family doctor (Laxey Village Walk Health)
- c) Letter from (bother)
- d) Letter from R&R Podiatry
- e) Letter from Rheumatologist
- f) Letter from Premium Care
- g) Letter from Praxis Care

- - Outline of Policies from IOM Strategic Plan which support the application, as outlined in our Design Statement and summarised here:

Redacted

Strategic Policy 1: Development should make the best use of resources by a) optimising the use of previously developed land,

Appendix 1 – definition of previously developed land:

The definition includes defence buildings but excludes: Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.

We believe that this portion of land is developed land as it was used for waste disposal by landfill purposes and no provision has been made for restoration. If the land had been rehabilitated through development control procedures then it would

not be considered developed land but, as the policy states, as no restoration has taken place, this is considered previously developed land.

The landfill is still in location and no restoration process has been undertaken to date.

The site was used as an official tip by the IOM Government Highways Board (D.O.T.) from approx. 1945 to early 1980’s to dispose of rubble from demolition of and construction of highways as well as buildings. The applicants recall a demolished hotel being disposed of on the site. The landfill material is therefore of a significant nature as it is not natural, biodegradable materials or topsoil but building rubble.

General Policy 3: Precedent has been set for developments with no previous house located on it. i.e. 12/01053/B The Deads in Foxdale

## - Access, Flood Risk Management and Ecological Impact already researched,addressed with the relevant authorities, and resolved. Please see DesignStatement for further information.

Yours sincerely,

Jacqui Verduyn

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/8151-lonan-ballamenagh-road-dwelling-outline/documents/1174709*