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Applicant: Ballannette Trust Proposal Reinstatement of existing entrances to fields 610513, 614147 and 641954. Site Address Fields 614954, 614147 & 610513 Agneash Laxey Isle Of Man IM4 7NW Case Officer : Hamish Laird Photo Taken: 08.05.2024 Site Visit: 08.05.2024 Expected Decision Level Planning Committee Recommended Decision: Refused Date of Recommendation 15.07.2024 Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The development as carried out to re-instate/create the 3 No. field accesses onto Mines Road between Laxey and Agneash, are unacceptable, particularly in relation to Access 2 (Middle access); and, Access 3 (Agneash Side); on highway safety grounds owing to the access points being provided with insufficient vehicle/vehicle visibility splays contrary to the requirements of the Manual for Manx Roads - Revision 2.00 (21/06/21). This is contrary to the provisions of Policy GEN2 i); and, T4 of the Isle of Man Strategic Plan 2016. - R 2. The Manual for Manx Roads - Revision 2.00 (21/06/21) requires field accesses to have a bound and consolidated surface material for a minimum of 6m back from the edge of highway, in order to prevent loose material being carried into the highway. In this case, no such material has been provided in respect of any of the access points, and as such the development is considered to be unacceptable. This is contrary to the provisions of Policy GEN2 i); and, T4 of the Isle of Man Strategic Plan 2016.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that Interested Person Status should be awarded to the owners/occupiers of the following property because they meet the requirement of being located within 20.0m of one of the three site boundaries; and, as such have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2:
Ballacowle Cottage, Agneash, Laxey, Isle of Man; The above person satisfies all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).
It is recommended that Interested Person Status should not be awarded to the owners/occupiers of the following properties because they do not meet the requirement of
being located within 20.0m of any of the three site boundaries; and, as such do not have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2: Ballawill, Agneash, Laxey, Isle of Man Ballagregga Farm Cottage, Agneash, Laxey, Isle of Man Lilac Cottage, Agneash, Laxey, Isle of Man La Petite Colline, Agneash, Laxey, Isle of Man; Fuchsia Cottage, Agneash, Laxey, Isle of Man; The above persons, therefore, do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). ________________________________________________________________
THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE ACTING HEAD OF DEVELOPMENT MANAGEMENT DUE TO THE LEVEL OF OBJECTIONS RECEIVED.
1.0 THE SITE - 1.1 The site comprises 3 No. recently reformed access points into fields located on the west side of the single track country road, which turns back on itself, that runs from Laxey in the south up the hillside towards the village of Agneash to the north. The surroundings are upland, open countryside with views across Laxey Glen to the Laxey-Snaefell Tramway to the south, north-east towards Snaefell and the Mountain Road, and to the south towards Laxey Village, Laxey Wheel and the Irish Sea.
2.0 THE PROPOSAL - 2.1 The full planning application is submitted by the Registered Charity, The Ballanette Trust. It seeks the retention of 3 No. vehicular access points which open into separate fields which have been re-instated without the benefit of planning permission. The fields in question are Field No. 614954 which is the northernmost of the three fields; Field No. 614147 which is located to the east of Ballacowle Cottage, which is sited on and accessed from a hairpin bend in the road; and, Field No. 610513, which is located to the south of Ballacowle Cottage. The access points have been formed between Manx sod banks/hedging on the roadside boundary of the fields and open out into grassed areas, with some walling introduced/retained at the access openings onto the road. - 2.2 The Access points allow vehicular access into the fields they serve which form part of a circular nature walk which has been established by The Ballanette Trust which as well as providing a link with each other, also provide a link to the North-east side of the Laxey River which runs down the hillside into Laxey village and subsequently into the Irish Sea. - 2.3 The Nature Walks have been established on agricultural land with the land being tended to promote the flora and fauna of the fields. Fencing has been erected within the field areas. The use of the land to promote nature through agricultural practises - mowing and promoting wildflower meadows - and the erection of fencing are in the case of the use of the land considered to be 'de minimis'; and, in the case of the fencing - 'Permitted Development'. - 2.4 In a letter dated 25th April, 2024, the applicant provided a series of 13 annotated photographs of the access points to highlight the works as carried out and to assist in determining the application. These items been added to the file on DEFA's website.
3.1 The sites of the 3 No. access points proposed to be retained lies in the open countryside beyond any recognised settlement boundary, with the nearest settlements being Laxey to the south-east and the small village of Agneash to the north. The sites are zoned as "not for development" on the 1982 Development Plan, East Map. They are not located within any Conservation Area, or Flood Risk Zone, nor are there any Registered Trees or Registered Buildings on or close to the sites. The area is, however, zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 Given the nature of the application it is appropriate to consider General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, Environment Policy 1 which seeks to protect the countryside from unwarranted development. - 3.3 The Town and Country Planning Act 1999 states "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." - 3.4 In the Isle of Man Landscape Character Assessment (July 2008) - (IoMLCA) - the geology underlying the site is classed as Loamy Sand/Sandy Loam Section "D2 - Laxey" of the IoMLCA provides an Overall Character Description being:
"Situated at the eastern edge of the Island, this character area encompasses a strongly undulating and sloping topography, underlain by geology from the Snaefell formation. The steeply sided Laxey Glen flows into the area from the north-west. To the east, where it meets the sea at Laxey Bay, with its small old harbour. The relatively small, traditional Manx settlement of Laxey has developed along the floor of this steep sided valley/ glen. The northern and southern slopes of the glen surrounding Laxey exhibit a strongly wooded character, interspersed with patches of rough grassland. Further to the north of Laxey, a small-scale, relatively regular field pattern is apparent, exhibiting predominantly pasture fields, delineated by an interconnected network of hedgerows. The character area is crossed by the A2 main road, which runs to the north and south following the course of the coastline, and leads visitors and travellers through the heart of Laxey village. Connected to this, a minor road to the west of Laxey provides access to the intricate courses of Glen Mooar and Glen Agneash to the north, and provides access to the landmark Great Laxey Wheel. The distinctive red and white appearance of the 'Lady Isabella Water Wheel' (Laxey Wheel) provides an instantly recognisable landmark, on approaches to the area. The wheel (reputed to be the largest in the world) was designed by a local engineer and constructed in 1854 to pump water from nearby flooding mines. (During the 19th Century, the mines were the leading producer of zinc ore in the British Isles). The path of the Manx Electric Railway forms a strongly recognisable key characteristic of the area (with two lines converging within Laxey). The quaint character of the tramlines and associated traditional stations and halls and the instantly recognisable hoot of the tram horn, contribute to a somewhat unique character and sense of place. Buildings in Laxey are typically of traditional Manx stone and are often white-washed. Outside Laxey and the smaller settlements of Ballaragh, Ballaconnell and Ballacollister, the settlement pattern consists of series of isolated farmsteads scattered throughout the area. There is a strong sense of enclosure within Laxey, provided by the steep wooded sides of the glen. Outside Laxey, further distant sense of enclosure is provided by dramatic views to an Upland backdrop to the north and west.
3.5 The Key Characteristics affecting the site are: Strongly sloping topography.
3.6 The Landscape Strategy is described as: "The overall strategy is to conserve and enhance the character, quality and distinctiveness of this area, with its relatively sparse settlement other than the characteristic settlement of Laxey, its distinct small scale field pattern, its valley bottom woodland along National Glens and the setting of the various historic and archaeological features within the area."
4.1 There are no planning applications previously recorded at any of the sites of the 3 No. field access points. - 5.0 CONSULTATIONS
5.1 Garff Commissioners (20/3/24) - initial comments seeking some clarification as follows: "Just wondered if there were any further details to be posted in regard to PA 24/00311/B it may be that no more details/plans are required. If so please could you confirm if this application seeks to regularise the field entrances that were put in by the applicant several years ago or if the application is seeking to have the hedges reinstated where the current entrances are now."
5.2 Garff Commissioners (12/4/24) - formal comments as follows:
"Mr Clague declared an interest in this application and withdrew from the meeting for the duration of the discussion.
Members considered the benefits to the public that had been provided by the opening up of the large area of countryside beyond these field entrances. It was agreed that this aspect provided additional amenity for visitors to Laxey. Members recalled the opposition to the field entrances and use of the land that had been expressed by some residents in Agneash when the entrances had been established in 2021. It was noted that no written submissions had been made from Members of the Public in relation to this application at the time of the meeting. It was also noted that Highways had not at the time of the meeting submitted comment regarding adequacy of visibility splays, etc. It was agreed that, due to the public amenity that had been provided, the Commissioners should submit comments supporting the application notwithstanding any future submissions from Highways on traffic impacts."
5.3 DoI Highways Services (22/3/24) holding response advising that formals comments are to follow. - 5.4 DoI Highways Services (4/4/24) comments: The application is retrospective following the alterations to the accesses already made. The accesses in question have been through the enforcement process prior to this application, where Highways were contacted to comment.
A review of street imagery from approx. 2010 shows no evidence of existing field accesses at any of the three locations. The hedge line at all three locations appears continuous with no obvious breaks where a field access would be present. The requirements that Highways would
apply to the accesses will depend on whether the accesses were existing or not, in particular the acceptable distance of visibility splays from each.
In order to assess if the visibility provided in the proposal is acceptable to Highways, evidence will need to be submitted to show the accesses were existing, and the proposed work consists of improvement and not creation. Page three of 'Site Photos' document provides an image to indicate the access was existing, however this is dated post completion of works. Evidence should be provided for a time that predates the stated work timeline (2022 as in application form).
The proposal shows one access per field, and not creation of multiple accesses to the same field. Further to the nature of the field accesses, there are additional requirements that apply to the accesses as provided in Manual for Manx Roads. All accesses have a stated use of field access.
The access width must be a minimum of 3.1m, to which all comply. No gates are proposed at the accesses maintaining space for a vehicle to pull in off the highway in order to access. All accesses look to be within an acceptable level difference of the highway for entry/exit. However, all of the accesses are formed of soft landscaping/grass from the connection to the highway. MfMR requires field accesses to have a bound and consolidated surface material for a minimum of 6m back from the edge of highway, in order to prevent loose material being carried into the highway.
In order to complete the assessment of the application, Highways require the following information:
Evidence that the accesses were existing. This information will determine the requirements that Highways may apply to the accesses; and Inclusion of a bound and consolidated material for a minimum of 6m back from the highway for all accesses.
Recommendation: Request additional information/revisions.
5.5 DoI Highways Services (26/4/24) response to additional information received: "Thanks for sending the previous attached image. The section you have identified does appear to be overgrown with vegetation rather than continuing the bank line, at least at the road facing side. However, I'm not sure this is conclusive of an existing vehicular access. The aerial image from google shows no indication of vehicle path or line of wear. This goes for the other accesses also. I will still have to ask for more evidence of an existing access, as you have indicated below. Photograph supplied.
If it cannot be agreed or evidenced that the accesses are existing, then Highways will have to review them as new accesses. This would inform us as to what standards we should be reviewing the accesses against in order to give our recommendation to planning. As Hamish below has indicated that there is no desire to condition any of the access arrangements, due to the retrospective nature, we would support his view and request that any of the access requirements identified are included in the plans and implemented in the timescale Planning request. Please don't hesitate to contact again."
5.6 DoI Highways Services (18/6/24) further comments received: "Good afternoon all,
Following on from the latest correspondence and meetings with various parties involved in this application, I have the following update on the position of Highways Development Control.
The first consideration of Highways will be to establish if the accesses were existing or not. This will inform us if the works commenced are creation of an access, or alteration of an access, in either case the requirements set can vary. The applicant has submitted a document with photographs and annotations of elements of the current arrangement and that these were existing, along with another example of a similar overgrown access. I do not think the evidence provided confirms the existence of previous accesses to the fields, and this has also been disputed by residents. However, there are other examples of overgrown field accesses along the road, and it is also as likely that the accesses themselves have been untouched for decades, leading road users to miss them.
If it is considered that the accesses are existing, then the next consideration is the extent of work, and if this constitutes intensification of use. For this I will address each access individually from south to north as the road runs up towards Agneash Village.
Concerns have been raised that the large square area created by the realignment of the fencing has been designated for, or will unintentionally provide, parking for users of the footpaths or walks further up Agneash. There is no justification within the application as to why this area has been created or why it is needed. As a result, Highways share the concern that increased vehicle use will be experienced at the access due to the provision of a convenient parking area. As such, intensification of use of the access will be experienced. The insufficient visibility provided for the access will again lead to users encroaching onto the road upon exit. The road is used to serve the residents of Agneash but is also frequently used by cyclists and motorcyclists getting to the green lane to the mines. Poor forward inter-visibility for approaching vehicles means a vehicle existing the site will not be visible from a sufficient enough distance, and can lead to sudden stopping or braking. This may be particularly dangerous for cyclists coming downhill as their braking ability is more limited than vehicles.
Highways consider that the alteration of the access and immediate area behind will lead to increased parking and use, resulting in intensification of use. The visibility achievable from the access does not demonstrate adequate betterment or improvement for Highways to allow the intensification of use. Highways would be in objection to this access being allowed to operate as constructed.
Work to this access broadly mirrors that of Access 2, with widening of the access and fence realignment to create a square area. The pedestrian path created does provide access to this area, but no associated gates have been provided.
Similarly to above, the widening of an access itself does not constitute intensification, but can instead benefit in and out movement onto a narrow lane. Visibility again from a 2m setback has been provided at 3.4m uphill and 11.7m downhill. Visibility may be marginally increased if taken to the centre of carriageway, and in reality (through site observation) further visibility of oncoming vehicles to the right on exit is available.
The same issue has been raised with the potential for parking in the area created behind the access, and Highways consider intensification will be experienced. Particular concern with this access is the poor visibility to the left on exit, with the nose of a vehicle edging out into the road only visible to oncoming traffic from approx. 5m distance. This can lead to sudden braking or loss of control, again with particular concern to cyclists who have less braking potential.
Highways consider that the alteration of the access and immediate area behind will lead to increased parking and use, resulting in intensification of use. The visibility achievable from the access does not demonstrate adequate betterment or improvement for Highways to allow the intensification of use. Highways would be in objection to this access being allowed to operate as constructed.
Further considerations Regardless of the outcome of a decision, Highways would recommend that the first 6m back from the edge of highway into the access is formed of a bound and consolidated surface. This is to prevent loose material from being brought onto the highway. The presence of mud and other debris could result in loss of control particularly for cycles or motorcycles.
Additional concerns have been raised that the accesses connecting to a pedestrian path will lead to pedestrians entering the carriageway from obscured locations. While this may occur from the perspective of a vehicle on the carriageway, it is considered that there is sufficient change to the area from the perspective of the pedestrian to inform them that they are approaching the road and entering a different environment. This is particularly true of Access 2 where the gate means pedestrians have to stop.
There is an additional benefit to the alteration of the accesses in the form of creating three passing places along the road. The road is narrow and winding meaning vehicles will often meet and one will have to reverse. The widening of the accesses has provided three additional spaces where passing can now take place, reducing the distance to reverse.
To conclude the points from above, if it is assumed the accesses are existing, then the works carried out demonstrate an intensification of use. The area immediately behind the accesses, intentional or not, provide a convenient parking area for users and walkers. The accesses have changed from field accesses to be used occasionally by agricultural vehicles, to recreational accesses that can be used by any personal vehicle. At present, recreational use is not likely. However, as further works around the local area progress and the constructed 3 pedestrian routes become established and more widely known, parking will become more frequent and could be used to access other routes from Agneash Village.
As constructed, Highways would be in objection to the approval of the application.
The alteration to the accesses (if existing) benefit the movement in and out of the accesses as well as those passing on the road. A more favourable view on the application may be given if realignment of the internal fencing was proposed to remove the potential for recreational parking. This would mean vehicle access is limited to that associated with the field, more likely to replicate the existing situation."
REPRESENTATIONS
5.7 Fourteen letters of representation have been received from occupants of residences in Agneash. Six of the representations are from the same address. One letter expresses Support for the application. All others raise objections to the proposals. All representations are outlined below, and can be viewed online on the Governments website.
Concerns raised are: Ballawill, Agneash (2/4/24) "I am a resident of Agneash village and a daily user of the single track road in and out of our village. I wish to be involved in the planning process of this application in the interest of road safety.
I personally have experienced two very near misses with people exiting the openings directly into the open highway. One with a dog walker. I know of other such instances involving other people also who use the road regularly.
In addition to this and separately to my own experiences, my daughter was nearly hit last summer whilst cycling down to Laxey village by a vehicle exiting the largest of the newly made entrances. She could have had a more serious accident going down a very steep hill because of such. The driver of the vehicle on that occasion gesticulated at her and beeped (after the event) but not before she had already gone into the bank opposite.
The largest of the openings is now commonly being used as a turning area for vehicles and mud and dirt is being regularly distributed onto the road causing slippy patches to all who use the road.
The wording of the Proposed Works on the application itself is ambiguous and leads to question whether the applicant is applying for "regularisation" of the newly created entrances directly onto the main highway that were created during the covid lockdown period or, if the application is made for "reinstatement" of the hedgerows that were removed in order to create the entrances. The sign that has been placed alongside the planning application appears to contradict somewhat."
I cycle regularly and particularly to work at my part time job in Laxey on weekends and on this day when I was travelling downhill towards Laxey village when a vehicle came out of the largest of new openings that have been made. I had no time to work out what was happening but automatically swerved out of the way and in doing so ran into the bank on the other side of the road.
I turned to see a little green van coming out of the opening. The man was shouting at me and beeping his horn but it was too late as I had already crashed. If he'd beeped his horn before he came out I might have expected something but still, not a vehicle.
He drove off very unhappy and left me buried in the hedge. I was badly shaken and had to call my Dad to come and get me. I feel that to keep the entrances on our road would be a mistake. What happened to me could happen to anyone but be much worse. I am older now but there are younger children than me in our village who ride their bikes down our hill to Laxey all the time.
I am extremely nervous now riding my bike down there but will hopefully soon be learning to drive which also scares me as I might hurt somebody else using those entrances.
This application refers to the "Reinstatement of Openings" which has led to confusion amongst residents in the vicinity who seem to be under the impression that this is referring to the reinstatement of the hedgerow which has been removed in all three instances.
Having consulted with your department my understanding now is that this may be an application, "retrospective" in its nature. The current wording on the public notice is misleading and confusing. I feel that if this is an application in a retrospective nature for the works that were undertaken during the covid lockdown then this should be stated as such so that it is clear to understand on the public notice for all to see.
Work to create above the mentioned openings as marked on the plan were started during the covid restrictions and lockdown periods. Previously to the pandemic and lockdown periods there had been no visible openings to the main highway as can be clearly seen on "street view" of Google Earth.
As a resident of Agneash village and user of the road multiple times daily. When I saw the heavy plant machinery pulling the hedgerows and trees down, I was of course initially confused and unsure of what was happening.
Extremely limited in the knowledge of who was conducting the works at the time as no application or consultation has been undertaken to explain what was happening to our road. I rang our local commissioners. I believe that Garff Commissioners had already requested an explanation of what was going on as they had not been involved in any consultation at that time either.
As mentioned, the works which involved the use of heavy plant machinery were being conducted quickly and obviously quite deliberately whilst the nation was confined to staying at home during the covid restrictions. It transpired later that the Applicant, Ballanette Trust / SCS, was apparently operating under a special licence for works to clear the old tip down by the river, a substantial distance from the road openings created on Agneash Road. Access to the river and the tip, to my understanding was already established from the roadside to the rear of the Salmon Lake Centre and directly adjacent to the river.
In 2024, with works apparently now completed….? We find ourselves with three newly worked openings directly onto the main highway. Why and for what purpose?
To my understanding the land is not being farmed. A very small flock of sheep were placed on the land initially when residents first questioned what was happening with the land but the sheep were not contained as there were no fences and therefore, ran amok in the village all over the Road and had to be rounded up in the village on several occasions. The sheep have now been removed except for the odd stray that turns up from time to time.
Tourism / Visitors Agneash residents happily welcome hundreds of visitors every single year in the form of walkers, runners, cyclists and motorcyclists. People come here to enjoy the beautiful scenery, wildlife and bird watching (especially the birds of prey) and the village chapel which offers free refreshments daily and they enjoy the walks over to Ballaragh and up to Snaefell.
On a weekly basis throughout the year we have many off-road motorcyclists who visit our village to access the green lanes. These visitors include people unfamiliar to the island. In my experience they are generally very respectful and park carefully in the village or lower down in Laxey and travel up via bike. They are careful and respectful road users and consider others.
Tourism is of huge importance to the area and Agneash plays its part. I do not know a resident who feels any other way than proud to welcome visitors of all kinds to our village.
There is a desire, I am led to understand, that the applicant wishes to open the area behind the openings as a nature reserve and has signposted the entrances as such inviting the general public to use the walks that have been created. I have no issue with this whatsoever, in fact I think it is an asset to the island providing that consideration is given to the possible littering and disposal of dog dirt if people are to walk those areas. Bins would need to be provided and serviced regularly.
Road Safety I would like to suggest that openings directly onto the main highway pose a very significant, real and current issue regarding road safety. The residents of Agneash have only a single track road which is in effect, a country lane in which to access the village. The residents are careful as the road is twisty and visibility is always an issue. There is always negotiation involved in passing one another in motor vehicles. We have many vehicles that visit the village of course and are less acquainted with the traffic negotiations required. Drivers on the whole are patient and extremely careful.
Prior to the newly worked openings, walkers on the road could be clearly seen by approaching drivers and would, inevitably be given safe passage via the banks and existing passing places. The same cannot be said now for people emerging from the hedgerow through the newly worked entrances.
The newly created entrances pose a serious risk to safety of pedestrians, cyclists, motor cyclists and vehicle drivers alike.
Please let me elaborate. On two occasions whilst driving I have had very nearly had collisions with people walking directly out of the new openings onto the highway. One at the top entrance and one at the larger entrance made for vehicular access.
On one of the occasions a dog ran out of one of the openings followed by its owner and although it was wearing a hi-viz dog coat, it was on an extendable lead. I was going downhill and had to slam on my brakes in order not to hit it. Its owner was visibly shaken by the encounter and I was also. The dog owner was very apologetic and said he hadn't realised that the opening was directly onto a road. A second incident was due to a vehicle emerging from the largest of the openings suddenly.
Separately to my own experiences. During the summer of 2023 my 15 year old daughter was cycling down the road to Laxey village when a driver exited the larger of the entrances in a small van. She was travelling downhill on a regular bicycle. She is sensible road user herself and cycles to her part time job every week during the summer. On this occasion she was forced to move out of the way quickly which resulted in her colliding with the bank on the opposite side of the road. The driver then (after the event) beeped at her and was shouting at her. The driver did not stop to see if she was alright but drove on. She was shaken but very fortunately not badly injured on this occasion.
The opening from which the driver emerged being the largest of the entrances, appears to have a car parking area, encouraging further the public to use the area.
Nature Walks and Safety The nature walks which would be welcomed by visitors and residents alike could most certainly still exist in but why not in a circular capacity, behind closed banks offering protection and safety to all? This would also allow people to access the walks through the existing entrance to the rear of the Salmon Lake Centre on Wheel Hill and return directly to the café Ballacregga Tearooms which is associated to the Applicant anyway, benefiting visitors, users and business alike.
Environmental Survey Request I have perused the documents online in relation to this application and I do not see any consultation documents associated with the environmental impacts on the works that have been undertaken or permits to fell trees.
Trees, hedgerows and landscape have all been removed in association with the creation of the openings we see today.
I have lived in the village for the past nine years I have become aware of several species that nested, roosted and resided in the area which has been altered. Long eared owls, bats, hedgehogs and lizards to name but a few.
I understand by viewing other similar applications both in town and countryside areas of the island that it is becoming commonplace to request such reports. I would be extremely encouraging of reports being provided in this instance as lost or vacated species must be recorded.
Early in 2021, work commenced with great haste on the opening of three entrances out of solid banks on the Mines Road (Agneash Road) heading up towards Agneash. I have been a resident of Agneash since 2015 and there has NEVER been a visible entrance on any of the three openings prior to the start of the groundwork.
ALL this work was undertaken during total IOM Covid lockdown when the rest of the island residents were restricted to their homes, this work could hardly be classed essential and it was executed at the same time as work being undertaken to deal with a historic tip .on land near the river and Salmon Lake centre and Corn Mill café. This was conducted, I believe, under a "special licence" for that site, but is approximately a half mile from the area of the openings concerned in this application. Why?
The top entrance, was initially dozed down from Ballacowle Bungalow and was left for quite a while before the main groundwork suddenly commenced with no prior indication or apparent consultation to do so.
When work started in earnest, there were multiple heavy commercial vehicles blocking the very restricted passing points on our narrow lane/road up from the hairpin and was very inconvenient for the residents to get up and down the road to the village.
During work, earth was strewn all over the roads making it slippery for any traffic especially when wet. On several occasions, villagers had close shaves with vehicles and plant equipment entering and exiting the newly driven in entrances.
The banks, during this work were devastated by the removal of hedging and trees, images attached will show maturing hedges and trees but more importantly, no entrances OR tracks associated with a farm entrance.
potential car parking areas at the middle and top entrances as stated above, and when it was clear the village residents were objecting to the new entrances on safety issues on such a narrow lane, the works to the middle entrance car park area were altered, this incorporated the area being re-fenced the area was reduced by at least half!
When walkers started using the entrances, by invitation of the owner by way of a laminated sign attached to the gates (especially the middle and top) there were multiple incidents with vehicles meeting unexpected walkers with children and dogs suddenly emerging onto the narrow, high banked lane. The Applicant became aware of such events and suddenly the banks were then shaved and lowered further, removing yet more vegetation.
The gates were then removed and pushed back into the car parking area that has been formed and the largest of the field gates was removed leaving an even wider opening.
This narrow, high banked, hedged and tree lined lane is fairly treacherous anyway, affording precious little visibility. Road users inevitably have to contend with reversing and manoeuvring to allow passage without the inclusion of potential parking areas and more vehicular use.
This narrow lane is regularly being used by Mountain bikers, off road motorcycles and walkers, with and without dogs. This is dangerous enough without the introduction of two of the three entrances being on blind bends and walkers suddenly appearing from nowhere!
My daughter, only last year was forced off the road and crashed her bicycle into the bank on the opposite side to the road when a green van with white signage suddenly emerged from the middle opening to the right hand side as she travelled downhill from Agneash Village. Incredibly, the driver shouted abuse and waved his fists at her whilst still partially blocking the road with his van before driving off without seeing if she was OK. My daughter is still nervous even now when passing these entrances while using the narrow lane when going down to the village.
On no occasion to my knowledge and prior to this application, has the owner applied for any openings to be worked on, no environmental agencies that I am aware of have been requested to do a study on the indigenous wildlife that was affected during the destruction of banks, hedges and trees. These include, nesting birds, hedgehogs and small mammals but more significantly, bats and owls that were affected when hedges and tress were torn out!
Also, I am unaware of any consultation the Applicant had with the Highways agency at the time of works. Documents now online show "New" architect drawings with the entrances and tracks in place and a host of close up images, which frankly, could be anywhere on the island! Also, to my understanding there has been no consultation to turn the area into a nature reserve. With opposition mounting, a representative of the Applicant, resorted to turning to the local press to maximise support and sympathy for the works the Applicant had undertaken. The representation of works undertaken and the impact on both environment and safety in the press article was highly understated.
Agneash and the surrounding area affords stunning, beautiful views, which welcomes visitors all year round and the established paths and trails will always be used with greater challenges around nearby. Surely a "Horseshoe" walk in this instance, behind banks and hedgerows and with no foot or vehicular access or car parking facilities would be an option the planning committee would genuinely consider. This would ensure safety and enjoyment for all.
Images attached will show the quality of workmanship in the making of the banks after heavy rain caused the stonework to literally fall out of the banks and the owner, making the accusation of the wilful damage to the freshly constructed and turfed entrances.
Finally, I think the wording for the application shows huge ambiguity to what is actually being applied for, surely this should be for retrospective not reinstatement causing confusion for me and many others that I am aware of as some residents appear to be under the impression that this application as it currently reads is to reinstate the hedgerows that were removed!
Photographs attached and available to view online. Ballawill, Agneash (12/6/24)
This representation objecting to the application highlights the sequence of events involved in the works undertaken to the three access points and provides a photographic/map record of them. It also provides specifications for visibility splays and parking layouts advising that the splays provided at each access are inadequate. The summary attached to the representation reads:
"It would appear that residents are, in the most, supportive of the opportunity to encourage more people to enjoy the Manx countryside around the area of Agneash which already welcomes many visitors during the year. The Applicant appears to be attempting to provide a platform in which to do that, which is commendable. However, the objections to this application are simple. They are in relation to the openings to the main, narrow and twisty highway and meant sincerely in the cause of safety to residents and visitors. A "loop-style" nature walk behind reinstated hedgerows would be welcomed and go a long way to ensure the safety of those using the road and the nature walks alike. Thank you for taking the time to review this document."
Ballawill, Agneash (18/6/24)
"I would politely like to request, as a matter of urgency, a meeting with yourself on site to discuss the Planning Application: 24/00311/B Regarding the newly opened entrances onto Agneash Road.
I believe that this matter is due to go before the planning committee within the next couple of weeks and as the Applicant has been afforded a meeting with yourself on site. I, as a resident in opposition to the application would be grateful for the opportunity to do the same as soon as possible.
I can be available to meet at your convenience and look forward to hearing from you very shortly."
"Further to my previous email. I have since been informed that you are not based on the island. I would therefore, like to request a phone call from yourself (mobile number: ) with a view to arranging a convenient time with yourself to have a meeting, on-site and if necessary, with other residents who would also like to meet with you, in order to save time, prior to this application being brought before the Planning Committee.
I and I know other residents feel most strongly that this is absolutely required as a matter of urgency now and in the interests of giving a not only an unbiased opinion but more importantly, a very honest and transparent picture of the needs and requirements of the road users that use this narrow and twisty road.
As I mentioned previously, I am aware that you have afforded an in-person meeting with the Applicant as detailed in your correspondence available online and that the same, now having been requested, should be afforded to other interested parties.
I believe from your island-based colleagues that you are not anticipating being back on the island for a fortnight or more but in the meantime, I would like to ask for not only a phone call but to be kept informed as to the date you would anticipate this going before the Planning Committee."
Ballacregga Farm Cottage, Agneash (7/4/24) I am a resident of Agneash who complained to planning in March 2021 of a suspected planning breach that was going on during various lockdowns (also breaching covid guidelines at the time). Which it turns out was a planning breach, and the individual is now seeking retrospective planning.
I object to this planning being approved due to a number of reasons:
Ballacregga Farm Cottage, Agneash (16/6/24) "I was interested to see how the above planning application was getting on as I had not heard from anyone and it seems that planning are looking to prove one way or another whether these entrances/exits were historically there.
I find it odd that no-one has asked anyone in Agneash if this was the case, given that there are residents in Agneash who have lived there for 40 plus years, and indeed some individuals whose families have been there for at least a century.
From what I read and understand in the planning documents it seems that planning approval may be accepted if the accesses were proven to have historically been there, even though it is now clear that a car park has now been created too - which as was a concern of mine in 2021.
I personally do not believe there were ever any historical entrances/exits as claimed from the applicant. Having been an Agneash resident for 16 years and keen hillwalker in the area, I did not ever notice any entrances on the road while walking or driving there.
My concern still remains (regardless of whether these entrances existed before) that due to the poor visibility coming out of the entrances/exits (especially after the usual growth of hedgerows for the wildlife to thrive) that someone will have a serious injury or may indeed lose their life. I know you are aware of at least one accident to a person already.
The volume and speed of traffic Speed of traffic on the unrestricted road and numbers of walkers nowadays is much more than it would have been if the entrances/exit existed many many years ago for horse ploughs and the like, therefore there is much more chance of an accident happening.
My question to you is - on whose conscience would it be if a tragic accident were to happen? Especially after the concerns of the Agneash residents are noted.
I have therefore attached a few files and ideas that may help your determination as to whether there is truth in the matter that the entrances/exits did indeed exist before they were created in 2021.
I hope this helps you come to the right decision for the good of the greater public. Lilac Cottage, Agneash (6/4/24) Objects to the application and raises similar concerns to those already raised above. These are précised as: Speed of traffic on this unrestricted road and numbers of walkers nowadays is much more than it would have been if the entrances/exit existed many many years ago for horse ploughs and the like, therefore there is much more chance of an accident happening. My question to you is - on whose conscience would it be if a tragic accident were to happen? Especially after the concerns of the Agneash residents are noted.
I have therefore attached a few files and ideas that may help your determination as to whether there is truth in the matter that the entrances/exits did indeed exist before they were created in 2021.
I hope this helps you come to the right decision for the good of the greater public. Photographs, aerial views and link to a video attached
"Re- In response to photos provided by the Ballanette Trust and their architect, which are labelled as "original Openings" and "typical overgrown openings" I have looked at the photos provided and they are in fact photos of an existing gate entrance on the Agneash Road, just above the hairpin, on the opposite side of the road to land owned by the Ballnette Trust. The photos show an existing entrance to land which I believe is owned by the IOM Government. The photo below is from google earth."
Photographs attached and available to view online.
"The photos above were submitted to the planning Department on the 24th April, but in fact are photos of the same entrance, one is taken from across the road and the other, closer to the
Re: PA/24/00311/B Reinstatement of existing entrances to fields 610513, 614147 and 641954. Further to my previous correspondence in regard to the above planning application. I would like to draw your attention to the fact that two new car parks have been created within the development which have not been included in the retrospective application. These car parks are already being used (as evidenced in the photographs below) and vehicles are using them as turning areas. The Planning Case Officer actually acknowledges that the areas behind two of the new entrances are car parks in his email to the Highway Engineer dated 05/06/24. "From my site visit I considered that visibility from the 2 accesses that serve the car parks"
The Planning Case Officer has stated-: "Given that this is a minor, ostensibly single track, low vehicle speed road;" I would disagree with part of this statement. Although Agneash Road is a minor, single track road, it is in fact, a de-regulated, no speed limit road, which is extremely busy with everyday traffic which services a thriving community, residents and their families, school runs, utilities, deliveries, construction vehicles, as well as daily visits from carers and other tradespeople.
The applicant has not provided any justification, reasoning or purpose for the new entrances and car parking. The question needs to be asked, why the applicant needs 3 new entrances with 2 car parking areas from the highway into 3 adjacent fields? In agricultural land planning, very often "farmers2 access their fields internally (from field to field) from one entrance from the highway. Then applicant already has this from access to the rear of the Salmon Lake Centre.
If the entrances are approved and the car parks remain, how would they be enforced so that they don't become larger car parks?
The area is of high scenic value and clearly visible from the Snaefell Mountain Railway. Is it really 'in keeping' to have 2 car parks visible from the electric railway in this wild and unspoilt landscape?
The applicant has just received planning permission for a car park for 8 vehicles at the rear of the dam, behind the Salmon Lake Centre and Ballacregga Corn Mill Tearooms on Wheel Hill. This is on their "Nature Reserve". Why do they need 2 more car parks? (Which is not mentioned in the application). There are already 2 car parks existing opposite the Salmon Lake Centre for approx. 27 cars, a very large car park at the Laxey Wheel and 2 electric car charging stations at the Fire Station Car Park. Please see photos below:
Photographs inserted between text
Throughout the week and particularly at the weekends, we have motorcyclists in large groups, many visiting from the UK using the road to access the Green Lane that leads to the Snaefell Mines off-road area. All these are a potential hazard to the road user and now we have the added risk of vehicles alighting the road on blind bends from these new entrances, with no visibility. I was nearly "T-Boned" by one of the SCS vans entering the highway, the driver
looked uphill but did not look downhill and proceeded to pull out whilst I was half-way across the entrance. The road is too narrow to "swerve or avoid" and there is 'nowhere to go' if a vehicle pulls out at any of these entrances. There has already been an incident where a young girl, on her bicycle ended up in the hedge because of a van pulling out of one of the new entrances.
I would like to ask, if, or when there is an accident and someone was injured or worse - who would be responsible? For that reason, I feel that I have to draw your attention to this safety risk.
Photographs inserted between text
"I recently found a document titled "Issues and Options for the Laxey and Lonan Plan" dated April 2020. Whilst this document has now been updated, it is interesting to see what was written at the time, which is still relevant today. The references to Agneash are as follows:-
Page 18 "This is a very rural area which is not designated for further development and in which development has generally been opposed in recent times due to the visual impact and also to the very poor access."
Page 28 "In Agneash it would be virtually impossible to increase the amount of car parking available either to individual properties or to the public without jeopardising the rural and informal character of the hamlet."
Page 32 "Agneash and Lonan both rely for their character and attractive setting on the unspoiled open countryside which surrounds them, it is considered essential therefore that the Department's general policy against development in areas of open space is upheld in all of those areas so designated on the area plan." These statements were written by the Department of Local Government and Environment I would hope that the residents' views are taken into consideration, as none of the applicants actually reside in Agneash and will not be affected by the works that have been carried out, without the proper due planning process and consultation, which all other members of the public have to abide by. I would like to add that I have no objections to the applicant opening a nature reserve."
Ballacowle, Agneash, Lonan, (initially received 16/8/21 by Planning Enforcement and 8/6/24) A further representation has been received expressing SUPPORT for the application. Comments made are:
(8/6/24) "As outlined below, my wife and I own and live at Ballacowle, Agneash, Lonan, IM4 7NP. As you will be aware Ballacowle adjoins the land that continues down to the salmon centre and incorporates the old Laxey tip. This land was acquired by the Ballannette Trust. Since acquiring the land, the Ballannette Trust have established nature walks and reestablished the original access points to a high standard utilising traditional Manx stonework. I can vouch for the existence of the entrance at the bottom of my garden as I utilised it for a period of time while undertaking works to my driveway and entrance. I was also aware of the entrance further down the road which my neighbour at Ballacowle Cottage had used as access from time to time. Finally, I can confirm that for the last 17 years the entrances at the Salmon Lake have been in place. In re-establishing the entrances, the Trustees of the Ballannette Trust have provided additional passing spaces on the single-track road to Agneash to the benefit of all residents.
As for the old Laxey tip it is surely beneficial to have this potentially hazardous area returned to nature. As previously advised, I now regularly utilise these nature walks with my dogs which provides us with easy and safe access to the village below rather than using the single-track road with no provision for pedestrians. I am entirely happy with what has been put in place and find it hard to believe that there are people objecting particularly when you take into consideration that the Ballannette Trust are opening this up for the wider publics' benefit.
It is also pleasing to see people who are willing to put something back for the wider community such as the nature walks referred to above and the other initiatives taken by the Ballannette Trust and Stewart Clague including Ballannette nature reserve and the conversion of the old Manx Engineering factory to what is not a high quality environmentally friendly attraction, as he has done by redeveloping the buildings into the Ballacregga Mill and Salmon Centre."
Please at the very least acknowledge that the recent retrospective application to re-open these pre-existing entrances has my full support."
(Letter received by the Enforcement Team -16/8/21)
"By way of introduction I along with my wife own and live at Ballacowle, Agneash, Lonan, IM4 7NP. As you will be aware the land that adjoins the Salmon Centre and comes up to the bottom of my garden was recently acquired by the Ballannette Trust. Since acquiring the land the Ballannette Trust have established nature walks and re- established the original access points to a high standard utilising traditional Manx stone work. I can vouch for the existence of the entrance at the bottom of my garden as I utilised it for a period of time while undertaking works to my driveway and entrance. I was also aware of the entrance further down the road which my neighbour at Ballacowle Cottage had used as access from time to time. Finally I can confirm that for the last 17 years the entrances at the Salmon Lake have been in place. As for the old Laxey tip it is surely beneficial to have this potentially hazardous area returned to nature. I now regularly utilise these nature walks with my dogs which provides us with easy and safe access to the village below rather than using the single track road with no provision for pedestrians. I am entirely happy with what has been put in place and find it hard to believe that there are people objecting particularly when you take into consideration that the Ballannette Trust are opening this up for the wider publics' benefit. It is pleasing to see people who are willing to put something back for the wider community such as the nature walks referred to above and the other initiatives taken by the Ballannette Trust and Stewart Clague including Ballannette nature reserve and the conversion of the old Manx Engineering factory to what is not a high quality environmentally friendly attraction, as he has done by redeveloping the buildings into the Ballacregga Mill and Salmon Centre."
Fuschia Cottage, Agneash (19/6/24) "It has come to my attention that retrospective planning has been submitted for the creation of a nature reserve with multiple entrances on the road from Laxey up to Agneash.
As you will be aware, the entrances were created by employees of SCS during lockdown in 2020 and objections were raised at that time.
From my perspective the 2 upper entrances are unsafe as they have little to no visibility. I have personally experienced 3 near misses with people stepping out of the entrances from the nature walk and have real concerns that it is only a matter of time before a car travelling too fast knocks down a walker.
In addition, area has been cleared inside of the entrances which look like parking areas. Encouraging parking in these areas will lead to an increase in traffic, which creates further risk. Cars leaving the parking areas will have insufficient visibility to safely turn on to the road.
Whilst I was initially against the nature walk, I accept that the owner of the land does not require planning to create such a walk; however, I object to the creation of dangerous entrances and car parks which encourage more traffic on the road.
I would support a circular nature walk which allows cars to park in the lower car park behind the Salmon Centre and walkers to start and end their walk at this car park."
La Petite Colline, Snaefell Road, Agneash (20/6/24) "I write to express my concern at some of the wording of the above application, that I find ambiguous. No mention is made of the retrospectivity of applying for permission to create new entrances.
Whilst as far as I am concerned, as are many Agneash residents, the damage (impacting many small animals in a wildlife area) is done in terms of wholesale eradication of vegetation when the work was first commenced - without consultation, it is of concern that there is the suggestion of an intention to build car parks.
The road to Agneash due to its various bends and narrow width is full of blind areas. The idea that those entrances have created more opportunities of passing places is preposterous a) because people have purchased increasingly bigger cars and the road is narrow, b) because it takes a very skilled driver to reverse into one of those areas at the narrowest point and with little notice -e.g. you only see an incoming vehicle at the last minute.
Otherwise I welcome the idea of a nature reserve on the Ballannette Trust's land for visitors to enjoy this stunning area. I understand that some people already use and appreciate what has been done. I would urge though that if further work is to be done, it is required that consultation and advice are sought from DEFA and ecological surveys are thorough.
When the nature reserve was started during lockdown and many villagers objected, the press was happy to portray us as narrow-minded country bumpkins… This could not be further than the truth. We regularly welcome visitors in various settings: at the chapel, in the picnic area at the corner of the road I live on as well as the frequent bikers (on motorbikes or even strong cyclists) and walkers who access the lane leading to the mines throughout the year, especially at weekends. Walkers in particular tend to have young families or dogs and I would hate to think that there would be an impact on their safety."
6.1 The main issues in the assessment of this planning application are considered to be:
6.2 The full planning application proposes the retention of three new vehicular accesses, which the applicant considers to have been previously in existence onto Mines Road between Laxey and Agneash. Works to install the new vehicular accesses was undertaken during the period of the Covid pandemic. The works are associated with the relevant fields they serve, namely, Field No. 614954 which is the northernmost of the three fields; Field No. 614147 which is located to the east of Ballacowle Cottage, and which is sited on and accessed from a hairpin bend in the road; and, Field No. 610513, which is located to the south of Ballacowle Cottage.
6.3 With regard to the principle of development, the 3 No. site areas form part of the boundary to these agricultural fields and the new accesses provide vehicular access from the public highway to the fields in question. It is clear from the details submitted with the application, and from neighbours representations including photographic evidence that whether the accesses were in existence or not, operational development involving engineering works, has been carried out to improve the accesses, particularly Access 2 (Middle access); and, Access 3 (Agneash Side); and as they are there to provide access onto and from the public highway, planning permission for their retention is a requirement. In the above two cases, the accesses open up into what appear to be informal car parking areas, which have been fenced off. These areas remain as grassed agricultural land. Access 3 (Laxey side) does not open out onto any fenced off area of land, but runs down a slope at an acute angle to the Laxey-Agneash Road. As the works have been implemented, it is a question of whether the works as carried out are acceptable and that a retrospective grant of planning permission to regularise them in law can be permitted. Visual impact - 6.4 In respect of the visual impact of the works as carried out, these commenced approximately 3 years ago, and the rawness of the works has dissipated over the intervening time period. The grass, gorse and other foliage around the access points, and in relation to the northernmost access serving No. Field No. 614954, the use of Manx stone to re-instate the entrances sides has ensured that the accesses appear in keeping with the banks into which they have been installed in terms of natural re-establishment of flora, and vernacular use of local materials, and the ground cover has been re-established. The visual impacts of the works to all three access points enabling access to these existing field access is considered to be acceptable and accord with the provisions of Policies SP1 b), SP3 b), SP4 b) GEN2 b), c) d), e) and f); and, ENV1 of the Isle of Man Strategic Plan 2016. Highway safety - 6.5 Officers from DoI Highways Services have visited the site and commented on the proposals. Highways Services advised that as they could not be sure that the proposals were for the reinstatement of existing field accesses, they would be treated as if they were new forms of development which would be required to accord with the advice in the Manual for Manx Roads (MfMR) - 2021.
6.8 The Case Officer viewed the site on 13/5/24 by formal arrangement with the applicant, and entered by vehicle into the 2 No. fields with 'car parks' to ascertain the availability of visibility in terms of the splays available in both directions when existing onto the road. Whilst the 2 No. 'car parks' are not advertised as such, they are publically accessible and there is sufficient room within these fenced-off areas to enable vehicles to enter, park, turn and exit in forward gear on their grassed surfaces. They are, in effect, informal parking areas. - 6.9 As advised in paragraph 2.4 above, these access points and 'car parks' form part of series of Nature Walks which have been established by The Ballanette Trust on agricultural land with the land being tended to promote the flora and fauna of the fields. Fencing has been erected within the field areas. The use of the land to promote nature through agricultural practises mowing and promoting wildflower meadows - and the erection of fencing are in the case of the use of the land considered to be 'de minimis'; and, in the case of the fencing - 'Permitted Development'. - 6.10 Subsequent to the Case Officer's initial site visit and following on from receipt of further comments from DoI Highways; and, representations with some containing photographs of the various stages of development; before and after pictures; aerial photographs and a video, which were received from neighbours, the Case Officer revisited the 3 sites and noted as follows:
"I re-visited the site today, 10/7/24, between 07:50 and 08:10 and turned my vehicle into the site of both Accesses 2 and 3 before exiting in forward gear. During this time 2 vehicles passed the site entrances running between Agneash and Laxey, and I used Access 2 as an available 'passing place' on one occasion when meeting a vehicle travelling towards Laxey. I noted that at the foot of the climb up to Agneash from Laxey that a 'No through Road' sign is posted informing drivers heading in the direction of Agneash, that this is a 'no through road'. I acknowledge that the road is used to serve the residents of Agneash providing road access to Laxey and the wider Island road network, and that it is also frequently used by cyclists and motorcyclists getting to the green lane to the mines (beyond Agneash). The road itself is narrow, of single carriageway width with passing places; and, is surfaced with tarmac, although in places this surface covering is poor and resembles a patchwork quilt. The route features a hairpin bend immediately to the south of Ballacowle Cottage, close to and to the north of Laxey. From my visit I felt comfortable travelling at a speed of 20mph (30kph) or less given the narrow carriageway width; presence of banks either side of the carriageway; and, nature of the road surface. It is not a major road as some objectors consider it to be, although it is of significance to those who live there and use it.
From what I have seen, and received from both the applicant and via third party representations, I am not convinced that Accesses 1 and 2 were pre-existing. In any case, operational development has occurred resulting in engineering works to improve both Accesses
Consideration on highway safety grounds Generally, without clear evidence that these accesses were pre-existing, I cannot support the proposals in respect of Accesses 2 and 3 on highway safety grounds. The applicant advised that one year before the Ballannette Trust bought the land including the fields, a fire occurred at the site. The date of the fire has not been provided. This resulted in the incident being attended by the Laxey Fire Brigade. The applicant attests that the Fire Brigade used an opening from the fields onto the Agneash road. The fire resulted in Agneash being cut off for several hours while
it was extinguished. No copy of any Fire Officer's Report attesting to the fire referred to, or similar evidence has been provided. This may have proven helpful in establishing pre-existence of one or more of the accesses.
I find access 1 acceptable - evidentially, it is most likely pre-existing with the long track leading up to it at an angle along the hillside.
In terms of Accesses 2 and 3, I am not convinced that these were pre-existing, and even if evidence to such an effect was provided, from my consideration I cannot support Accesses 2 and 3 where they are ungated and provide access to what could be construed to be informal parking areas. The posting of any Notices as suggested by the applicant to say that these are not public parking areas would not prevent such events from occurring."
6.11 The comments received from neighbours living in Agneash who use the Agneash - Laxey road on a regular basis are noted. The main issue with their comments is highway and pedestrian safety for road users and vehicles/pedestrians leaving the 2 No. 'car park' accesses onto the highway, particularly when walking dogs which may be off-lead and could stray onto the highway. It is clear that local road users are aware of the accesses in raising their concerns. - 6.12 It is also clear that this narrow, relatively steep road, which switches back on itself through a hairpin bend, and which links a relatively small number of residential properties, is typical of similar upland areas on the Island, and in the UK in areas such as the Lake District. While this nature of road should engender relatively low traffic speeds from road users, overall, it is considered that the works carried out to install the new/re-instated access points have insufficient vehicle/vehicle and vehicle/pedestrian visibility in either direction and are unacceptable in highway and pedestrian safety terms. This fails to accord with the provisions of Policy GEN2 i) of the Isle of Man Strategic Plan 2016. Neighbours amenities - 6.13 The concerns expressed by neighbours, particularly in relation to the installation of the new accesses without the benefit of planning permission and during the 2020 - 2021 Covid 19 Lockdown Period, are noted. The access points do not conflict with access to any residential property, it is rather of case of they are along the road, where they used not to be any, and it is appreciated that this would take some getting used to. It would for any road user travelling the road whether from the locality or further afield and the advice of driving to suit the conditions applies in this case as it does anywhere on the road network. The neighbours' concerns that there is insufficient visibility available to serve particularly Accesses 2 and 3, in respect of highway and pedestrian safety is noted and appreciated. However, in pure terms of the impact on neighbours residential amenities - such as harm arising from noise disturbance from vehicle movements - it is considered that the works as carried out, in particular to install the new access are not unduly harmful to the neighbours amenities in terms of any such noise and disturbance, and as such accord with the provisions of Policies GEN 2 g); ENV22 iii) and ENV23 of the Isle of Man Strategic Plan 2016. Impacts on Ecology - 6.14 The comments received from neighbours are noted. From the Case Officer's site visit in May 2024, and subsequently in June, 2024, the works undertaken relate to a series of Nature Walks which have been established by The Ballanette Trust on agricultural land with the land being tended to promote the flora and fauna of the fields. Fencing has been erected within the field areas. The use of the land is to promote nature and biodiversity through agricultural practises - mowing and promoting wildflower meadows. The banks either side of the accesses have been restored/built up using Manx stone and are considered to respect existing roadside flora owing to the blending of the vegetation. The works had been undertaken outside the bird nesting season. This aspect of the development is considered to accord with the provisions of Policies SP4 b); GEN 2 d); ENV2 and ENV5 of the Isle of Man Strategic Plan 2016.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _______________________________________________________________
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Refused……….... Committee Meeting Date:…02.09.2024
Signed :…………H LAIRD………………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No 24/00311/B Applicant Ballannette Trust Proposal Reinstatement of existing entrances to fields 610513, 614147 and
641954.
Site Address Fields 614954, 614147 & 610513 Agneash Laxey Isle Of Man IM4 7NW Planning Officer Hamish Laird Presenting Officer As above Addendum to the Officer Report
"Following a discussion by the members and subject to a resolution being approved it was decided that Interested Person Status should be awarded to the owners/occupiers of the following properties because they reside in dwellings which can only be accessed by the road between Laxey and Agneash from where the three field accesses have been provided. As such, the following residents are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings whether they are mentioned in Article
Ballawill, Agneash, Laxey, Isle of Man Ballagregga Farm Cottage, Agneash, Laxey, Isle of Man Lilac Cottage, Agneash, Laxey, Isle of Man La Petite Colline, Agneash, Laxey, Isle of Man; Fuchsia Cottage, Agneash, Laxey, Isle of Man; Ballacowle Cottage, Agneash, Laxey, Isle of Man
The above persons satisfy the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021)."
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