18 April 2019 · Delegated
Swallows Rest, Bayrauyr Road, St. Marks, Ballasalla, Isle Of Man, IM9 3at
Permission was granted for alterations to the existing driveway at Swallows Rest, Bayrauyr Road, St Marks, Ballasalla on the Isle of Man. The application was decided by delegated authority on 18 April 2019. The site was accessed via a narrow loose aggregate track approximately 160 metres long, running along the boundary of an adjacent field. The officer noted the ground along the track was marshy and wet at the time of the site visit. The main planning consideration was highway safety. The application was approved subject to three conditions.
The application was approved by delegated decision on 18 April 2019. The key planning issue considered was highway safety. The existing access track was found to be a narrow loose aggregate surface running approximately 160 metres through marshy and wet ground, and the proposed alterations were considered acceptable in that context.
Strategic Plan General Policy 3
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Within 1 month of the new track hereby approved coming into use the 110m length of the existing track must be soiled over and seeded with upland grass and clover seed (at stated in the email from the applicant dated 25/03/2019) unless otherwise approved in writing by the Department and retained as such thereafter.
Condition 3
The track hereby approved must be finished in loose aggregate material and retained as such thereafter.
