20 July 2010 · Delegated
Field 624412, Booilushag, Ballajora, Ramsey, Isle Of Man, IM7 1az
The application sought to create a new vehicular access from Field 624412 onto Booilushag Road, south of Maughold Village. The field was recently separated from a larger parcel that retains an existing entrance onto the A15, leaving this portion landlocked after the split. The applicant cited drainage problems and hazardous winter conditions at the existing shared access as reasons for the new opening, and indicated the field might be used for grazing a pony. The site lies within an area designated as High Landscape or Coastal Value and Scenic Significance under the Isle of Man Strategic Plan, where protecting landscape character is the primary consideration. The application was refused on two grounds: the new access would cause adverse visual harm to this protected countryside landscape, and the submitted plans did not include the required visibility splays, leaving highway safety undemonstrated on what is a de-restricted road with no vehicle speed data provided.
The new access was refused because it would harm the character and quality of a landscape designated for its high scenic value, contrary to Environmental Policy 2 of the Isle of Man Strategic Plan. The plans also failed to show the required visibility splays, meaning the access could create an unsafe junction on a de-restricted road, to the detriment of all road users.
Refusal Reasons
The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's)
Development will not be permitted outside of those areas which are zoned for development
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.
