19 June 2024 · Delegated
Field 224051, Bollyn Road, Ballaugh, Isle Of Man, IM7 5ay
This application sought permission to create a new vehicle access and alter an existing access to a grassed field (Field 224051) on Bollyn Road, Ballaugh. The access had been cut through a roadside hedge and sod bank, with retaining stones placed to stabilise the exposed edges, and a metal five-bar gate set across the opening. The officer's report identified the principle of development, visual impact on the character of the site and surroundings, neighbours' amenities, and ecology as the main planning issues to be weighed. The application was approved by the Department of Environment, Food and Agriculture on 19 June 2024 under delegated authority, with the officer's recommendation to approve being followed.
The Department of Environment, Food and Agriculture approved the application on 19 June 2024. The officer considered the principle of development, visual impact on the character of the site and surroundings, neighbours' amenities, and ecology, and recommended approval. The final decision matched that recommendation.
Environment Policy 1
accord with the provisions
Environment Policy 1: 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 o utweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. 7.6 Landscape Assessment and Classification 7.6.1 The present system of landscape classification remains relevant and important. However, a review of the current landscape classification system is underway in the form of an Island wide landscape and coastal quality assessment. This will identify different categories of landscape and coastal importance in order for development to be managed effectively in these areas and appropriate protection policies to be formulated. This exercise will investigate the appropriateness of designating a 'coastal planning zone' which would extend both seaward and landward of the coastline depending on the ext ent of the mean low water mark in the case of the former and the extent of direct maritime -influenced and coast - related activities in the case of the latter. The landscape assessment will also include management guidelines with respect to development not only in the designated areas but in the wider countryside as well.
Environment Policy 2
accord with the provisions
Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential. 7.7 Woodland 7.7.1 The Island has a number of small woodlands in both private and public ownership, both of which are important for the appearance and visual amenity of the Island's countryside. Woodlands add variety to the landscape and are valued for their historical qualities and nature conservation interest. They should not be removed, damaged or fragmented and the Department will encourage additional broadleaf planting where appropriate. The 1982 Development Plan indicates areas of 'woodland' which are Registered and other areas deemed to be Registered, which gives them greater protection under planning legislation as well as the Tree Preservation Act 1993. Broadleaved woodlands can be damaged either directly or indirectly, and development close to woodlands will therefore be subject to the following policy.
Environment Policy 5
accord with the provisions
Environment Policy 5: In exceptional circumstances wh ere development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated. 7.8.7 In addition to existing, specific areas of the Island designated as being important areas for landscape value, nature conservation and ecological habitats, there are also wider areas which are increasingly being recognised as having combined importance in terms of ecological, archaeological, landscape and / or scientific value. These areas should be fully investigated to assess the extent of these qualities and, where appropriate, their potential for a new designation in the form of 'National Heritage Areas'. This should be in addition to any other designation afforded to them under existing legislation or any new landscape assessment exercise.
Environment Policy 23
accord with the provisions
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
Transport Policy 4
accord with the provisions
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
Erection of timber shed, and installation of replacement entrance gate and posts (increase in the boundary height removed from the description as it is not considered development) (retrospective)
Permitted 22/7/2013. The use of the shed was restricted by condition 3 of this planning permission to be used for agricultural purposes only.
erection of a detached garage/workshop with associated driveway and new vehicular access
erection of a detached garage/workshop with associated driveway and new vehicular access