24 December 2018 · Delegated
Mount Rule Farm, West Baldwin Road, Mount Rule, Douglas, Isle Of Man, IM4 4hs
Permission was granted for the erection of a new dwelling and detached garage at Ballacaroon, West Baldwin Road, Mount Rule, Isle of Man. The application was submitted by Mr and Mrs James Simpson and decided on 24 December 2018. The decision was made on a delegated basis by case officer Mr Chris Balmer, with the officer recommending approval. The Department of Environment, Food and Agriculture formally approved the application, subject to eight conditions. The site has a notable planning history, with ten previous applications recorded.
The Department of Environment, Food and Agriculture approved the application on 24 December 2018. The decision was made on a delegated basis by the case officer. Eight conditions were attached to the permission.
The countryside and its ecology will be protected for its own sake.
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
By 31st January 2019 full details of soft landscaping works shall been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include planting to the roadside boundary, the communal garden area and mitigation tree planting. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 3
The development hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 4
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Condition 5
By 31st January 2019 the access shown on drawing 204 is required to be constructed and the visibility splays of 2.4m x 72.0m to the left (west) and 2.4m x 41.0m to the right (east) shall be provided and remain unobstructed at a height of 1.05m above carriageway level thereafter.
Condition 6
All gate posts / gateway entrance features that fall within the visibility splays shall be no higher than 1.05m above carriageway level.
Condition 7
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 8
The protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Approval in principle for the erection of a replacement dwelling, renovation of existing stone barn and access improvements
Approval in principle for the erection of a replacement dwelling and renovation and extension to existing stone barn
Reserved Matters application for the erection of a replacement dwelling and conversion of outbuildings to guest accommodation and garaging
Demolition of existing and erection of a replacement dwelling and renovation of existing barns to form a single dwelling
Demolition and replacement of existing dwelling including renovation of existing barns (Amendments to PA 11/00033/B)
Demolition and replacement of existing dwelling including renovation of existing barns (Amendments to PA 11/01518/B)
Demolition of existing barn and erection of a building to provide guest accommodation, garage, gym and amendments to PA 11/01518/B
Demolition of barn, creation of garaging and erection of replacement dwelling (amendments to PA 12/01057/B)
Erection of replacement dwelling (comprising amendments to PA 13/00125/B)
Erection of dwelling and detached garage