Inspector's Report

Appeal by Mr Robert William Sadler against refusal for creation of a new vehicular access and section of access road and reinstatement of former access road to dwelling, Ballacotch Farm Cottage, Braaid IM4 2AP.

Site Visit: Monday 17th March 2014 Inquiry: Tuesday 18th March 2014

Preamble

1. Ballacotch Farm Cottage sits at the southern end of some 18 acres or thereabouts, now in the same ownership and comprising 5 fields, the most north-westerly of which (F321467) has a frontage to Glen Darrah Road (A26). Historically there was an access lane leading off this road, at the most northerly extremity of the fields, running initially alongside the northern boundary before turning south between the fields to reach the cottage. However farm amalgamations left the cottage surplus to requirements so that it became dilapidated, and when so purchased by the appellant it had been severed from the fields and former access lane. PA10/01603/B and PA 11/00958 approved renovations for the cottage, more recently amended by PA 13/91186, in each case to be served via a right of way around Ballingan Farm to the west as approved previously under PA 09/00652/A. There is no agricultural occupancy tie and works are currently in train, by appearance to a high standard of external finish.
2. Subsequently the appellant purchased the fields and obtained approval to erect an agricultural building now standing close to the Ballingan Farm right of way, intended to serve this and other family farmland. The Ballingan Farm farmstead has itself been redeveloped and converted to tourist and residential use (PA 10/00830/B) and most of its land sold to the owner of Ballachrink Farm. The appellant seeks to recreate an exclusive access serving just the cottage, mainly via its former access lane but with the northernmost length realigned to join the road a little south of its former gated opening. The realigned length would be bounded on its southern side by a proposed sod bank and the road junction, as shown in the application, framed by stone walls. The Ballingan Farm right of way would be retained for farming purposes.
3. The application was refused by notice issued on 15th November 2013 for the following reason:

The visual impact resulting from the introduction of a new access as proposed would result in a visual intrusion and negative visual impact in the countryside with no over-riding reason why this impact is justified or why the provisions of Environment Policy 1, which protects the countryside for its own sake, should be set aside in this case.

Gist of the Cases

1. Appellant: at the outset the appellant had no option but to accept the Ballingan Farm right of way access, but this was remedied on his purchase of the fields. The right of way is jointly owned at its entrance in association with Ballingan Farm and Ballachrink Farm; the track and adjacent fields are owned with Ballachrink Farm. This track, serving 4 field accesses, is used in connection with both Ballachrink and Ballingan Farms and would continue to be used by the appellant for farming related purposes. However, he has no control regarding overall use or maintenance of a track that is not suited to domestic purposes.
2. The long existing northerly field gate would be permanently stopped up, so there would be no increase in road access points. The appellant would be prepared to substitute sod hedges for stone wing walls at the entrance. He has a love of the Manx countryside and no intention of harming it. The approved works for the cottage renovation include the erection of a garage to its south. However, bearing

Appeal No AP13/0124 Application No 13/91187/B Inspector's Report

in mind its aspect, the appellant intends to omit that and lay the area out as garden, reinforcing the need for his access to be from the north.

1. The Planning Authority: this countryside locality is subject to protection under Strategic Plan Environment Policy E1 and the general presumption against development in General Policy 3, subject to potential exceptions including the conversion of existing rural buildings and reinstatement of former dwellings (Housing Policies 11 and 13 (HP11/13)). Amongst other requirements, HP13 requires that "there is an existing usable track from the highway" which there is through Ballingan Farm. Both extant approvals to reinstate Ballacotch Farm Cottage and convert its barn relied on this means of access. There is nothing to suggest that the owners of Ballingan Farm are dissatisfied with the arrangement, and all but some 18 m of the right of way almost exclusively serves just the appeal site, notwithstanding a gated access from the rear of the Ballingan site. Construction traffic serving the renovation works has been using the existing access without evident problems and, as the dwelling is not yet occupied, there can be no evidence of problems from usage. It may also be noted that to date no definition of the Ballacotch Farm Cottage residential curtilage has been determined.

1. The proposed access point onto Glen Darrah Road would interrupt an existing hedgeline, which together with the lane and hard surfacing would adversely impact on the appearance and character of the road. The scheme proposes stone pillars and wing walls at the entrance and sod hedging bounding the realigned lane, but these would not overcome the fact that the new access would replace an existing country hedgerow. The outcome would be contrary to the aims of Environment Policy 1. The proposed access meets highway requirements, but there is nothing to suggest what is wrong with the existing one other than the convenience of a dedicated access. The renovation and conversion works were sought and approved based on the existing access and there is nothing to suggest why this should now somehow be unacceptable or warrant the harm resulting from creating the proposed access.

1. The Marown Parish Commissioners confirmed their stated lack of objection made at the application stage.

Inspector's Assessment

1. The determining issue is to consider the degree of justification for the proposed access balanced against its likely impact on the appearance and character of the local countryside.

1. The existing access is about 400 m overall from the road to the dwelling, of which about 240 m comprises the right of way to and then around the Ballingan Farm complex. It is readily traversible but potholed and patched, with more of the character of a farm track than a domestic drive, and only when it reaches his own land does the appellant have direct control over maintenance. From what I have heard, read and saw on site, I gained the impression that the right of way is rather more heavily used for farming purposes than is acknowledged in the Planning Officer's assessment. Its road junction is adequate rather than particularly good. It is serving the current building works and could continue to provide a residential access, indeed this was a requirement for permission to reinstate the dwelling, but I could see that the arrangement is likely to prove troublesome and inconvenient, so that the appellant has a reasonable case for the proposed separate access.

1. That access would not be wholly new but very largely simply reinstate what was formerly the cottage access. Although now overgrown to varying extents along its length, it remains clearly apparent, bounded on either side by sod banks and hedgerows. The most heavily overgrown, northernmost, length of some 90 m or

Appeal No AP13/0124 Application No 13/91187/B Inspector's Report

Thereabouts would be realigned a little southwards, running between the existing vegetation on one side and a new length of planted sod bank on the other. The overall length from the road to the dwelling would then be roughly 420 m or thereabouts. The former roadside gateway is little more than a remnant; so that other than in a technical and historic sense a new point of access would be created. Also, stone wing walls in place of a length of roadside hedgerow would impart an urbanising character, undesirably so simply to serve a single dwelling even though similar to the Ballingan Farm complex entrance further along the road. An entrance simply framed by stone pillars, but otherwise defined by planted sod banks, would have a much reduced impact, further ameliorated by the drive's curve shortly after leaving the road, so that there would be no substantial view along it. The precise location proposed avoids mature trees and would provide a good standard of access in highway terms.

1. The proposal does not directly accord with any of the listed exceptions in General Strategic Plan Policy 3 to its presumption against most forms of development in the countryside. However, the proposal might reasonably be seen as falling within the scope of Housing Policy 13, which formed the basis for residential reinstatement, albeit subsequent to the main approval which was at a time when the appellant did not own the relevant land. Subject, importantly, to substituting sod banks for the stone wing walls and to the approval of details of landscaping and surfacing materials, the impact on the countryside would be limited and, on a finely balanced conclusion, justified by the particular circumstances.

Recommendations

1. I recommend that the Minister allows the appeal, overturning the issued refusal, and grants approval for creation of a new vehicular access and section of access road and reinstatement of former access road to dwelling, Ballacotch Farm Cottage, Braaid IM4 2AP subject to the following conditions.

1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

1. This approval relates to the creation of a new vehicular access and section of access road and reinstatement of former access road to dwelling, Ballacotch Farm Cottage, Braaid IM4 2AP as shown generally in drawings S/668/10, S/668/11 and S/664/21 all date stamped 9 October 2013, other than as provided for in Condition 3.

1. No development shall commence until there has been submitted to and approved by the Planning Authority details of the intended residential curtilage to Ballacotch Farm Cottage together with further details of hard and soft landscaping, including surfacing materials, as shown generally in drawing S/664/21(A) submitted as Appendix F to Miss Newton's appeal statement of January 2014; the development shall be implemented and thereafter retained in accordance with the approved details.

Alan Langton

Inspector

Inquiry Participants

• Miss Patricia Newton
• Planning consultant for Mr and Mrs Sadler
• Mrs Charlotte Sadler
• Appellant's wife
• Mr Dave Luton
• Architect for the appellant
• Miss Sarah Corlett
• Planning Officer