22 June 2016 · Committee
Ballavilley, Dhoor, Ramsey, Isle Of Man, IM7 4ed
Permission was sought to erect a detached triple garage with storage above at Ballavilley Dhoor, a dwelling set within large landscaped gardens in the parish of Lezayre on the Isle of Man. The application was refused by the committee on 22 June 2016. The planning officer identified three main issues: whether the development was acceptable in principle, its impact on the character and appearance of the surrounding countryside, and its effect on the living conditions of nearby properties. Although the site is well screened from the public highway by existing landscaping, the garage's scale and position raised concerns about its relationship with the adjoining property. The committee found that the garage would be overbearing to the neighbouring dwelling Bolivia Beg and would harm the visual amenities of the countryside. Both the officer's recommendation and the committee's final decision were to refuse the application.
The application was refused on two grounds. First, the garage's proximity, height, and length would create an overbearing impact on the neighbouring property Bolivia Beg, harming its residents' outlook and amenity. Second, the scale and design of the structure would damage the visual character of the surrounding countryside and was considered an unwarranted form of development in that rural setting.
Refusal Reasons
The countryside and its ecology will be protected for its own sake.
the application fails Environment Policy 1
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
Certificate to make lawful the residential use of property in contravention of planning condition restricting occupancy to agricultural workers
relevant in the assessment and determination of this application
Alterations and erection of extensions to provide additional living accommodation
relevant in the assessment and determination of this application
Conversion and erection of extensions to existing garage with hobbies room over to provide self-catering tourist accommodation
relevant in the assessment and determination of this application
Erection of detached garage with hobbies room over
relevant in the assessment and determination of this application
Erection of three horse stables
relevant in the assessment and determination of this application
Erection of a shed to house oil tank, coal, and logs for domestic use
relevant in the assessment and determination of this application
Extension to provide additional living accommodation & conservatory
relevant in the assessment and determination of this application
Erection of dwelling
relevant in the assessment and determination of this application
Erection of agricultural building
relevant in the assessment and determination of this application