5 October 2023 · Delegated
Ballacreg, Dreemskerry Hill, Maughold, Isle Of Man, IM7 1be
This application sought permission to alter an existing secondary vehicular access serving a dwelling at Ballacreg, Dreemskerry Hill, near Ramsey on the Isle of Man. The site is in a rural setting on the southern side of a narrow road, immediately west of the level crossing at Dreemskerry Station on the Douglas–Ramsey Electric Railway, with mature trees and shrubs lining the access on both sides. The surrounding area is open countryside comprising woodland, the railway, and scattered dwellings, all outside any defined settlement boundary. The officer's report identified the main planning questions as whether the need to alter the access was strong enough to outweigh policies restricting development in the countryside, and whether the proposal would have an acceptable visual impact on the rural character of the area. The application was permitted on 5 October 2023 following a delegated decision, in line with the officer's recommendation to approve.
The application was permitted on 5 October 2023 under delegated authority. The officer recommended approval, having considered whether the need to alter the access was sufficient to outweigh countryside development policies, and whether the visual impact, highway safety, and effect on trees were acceptable.
General Policy 3
the proposal broadly accords with General Policy 3
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 1
satisfies the requirements of Environment Policies 1
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: 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 outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Environment Policy 3
ar sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoi
Transport Policy 3
Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. 11.3 Highways and Traffic 11.3.1 The ability of new and existing highways to safely and efficiently accommodate the traffic generated by new development is an important factor when considering the location and layout of new development. Not only must the tr affic routes involved be of a size which is capable of taking the projected volume of traffic but they must also be designed so that points of potential traffic conflict such as junctions and roundabouts are in an appropriate location and of a suitable des ign, including provision for pedestrians. The need for new and improved highways in order to facilitate new development must be balanced against the environmental objectives of this plan.
Environment Policy 1
accords with the provisions of Policies ENV 1 and ENV 3
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 3
accords with the provisions of Policies ENV 1 and ENV 3
Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi -natural woodlands, which have public amenity or conservation value. 7.8 Wildlife and Nature Conservation 7.8.1 The Isle of Man has both nationally and internationally important wildlife species and habitats including important marine habitats. Protection is afforded at a national level by statutory designations under the Wildlife Act 1990 and also under the Manx M useum and National Trust Act 1959. The 1990 Wildlife Act makes provision for the protection of birds, other wild animals and wild plants, as well as their habitats, both terrestrial and marine. It makes provisions for the establishment of Areas of Special Protection for birds, plants and animals (ASPs), Areas of Special Scientific Interest (ASSIs), National Nature Reserves (NNRs) and Marine Nature Reserves (MNRs). The Ayres has been declared a National Nature Reserve as well as an Area of Special Scientif ic Interest and it is the intention to develop a network of ASSIs in the future. The Island currently has the following designations and protected areas: Areas of Special Scientific Interest Nature Reserves under the ownership and/or management of the Manx Wildlife Trust Areas of Special Protection for Birds and Bird Sanctuaries Areas of ecological importance or interest afforded protection under the Area Plans and the 1982 Order One RAMSAR site Over 2000 acres of National Trust Land designated under the Manx Museum and National Trust Act 1959 7.8.2 There are currently no Marine Nature Reserves (designated by Department of Agriculture Fisheries and Forestry (DAFF) up to the Mean High Water mark) or Areas of Special Protection for plants and animals an d currently no Wildlife Sites (1) (non-statutory sites) but the system for identifying them is in place, the process of identification has begun, and the concept is supported. 7.8.3 In addition to the above, wetland areas of high ecological value may be designated as Ramsar sites under the Convention on Wetlands of International Importance which has applied to the Isle of Man since 1992. The Ballaugh Curragh has been so designated (September 2006), and the Island is bound by the Convention to the "wise use" of wetlands, including rivers and coastal waters. The Isle of Man also applies the Berne Convention on European Wildlife and Natural Habitats (covering Emerald sites, none as yet designated on the Island) and the Bonn Convention on the Conservation of Migratory Species of Wild Animals and the Eurobats Agreement on Bats Conservation. 7.8.4 The Freshwater environment is important to the sustainability of native fish stocks. Under the Island Fisheries Act 1996 there is a requirement to protect and conserve native stocks of salmon, trout and sea trout. 7.8.5 In considering any development proposals on sites recognised for their ecological and scientific value, the Department will gi ve full consideration to the legislation, policies and conservation objectives, which may be relevant including the Wildlife Act 1990 and species listed in Schedules 1 -8 to the Wildlife 1990 Act and other habitats and species which are widely regarded as l ocally important. In association with the Department of Agriculture Fisheries and Forestry and the Department of Transport, the Department has commissioned the Manx Wildlife Trust to undertake a survey of locally significant sites. The results of this survey work will be available for public scrutiny before inclusion in Area Plans as they become available. 7.8.6 Development which would affect any proposed or other recognised site of conservation value, including areas of ecological interest, will only be permitted where it can be demonstrated that: the proposed development will not compromise the conservation objectives of the site or unacceptably harm its conservation value and its overall integrity; there is proven public interest where safety or exce ptional social or economic considerations outweigh the ecological importance of the site; and the need for the development cannot be met in other less ecologically damaging locations or by reasonable alternative means.
Removal of existing detached building and erection of storage barn and stables and installation of hard standing (Retrospective) at Ballacreg, Dreemskerry Hill, Dreemskerry Ramsey
Extensions and alterations to existing dwelling to include replacement windows and doors and associated works
Erection of a detached building as a studio for florist business
Variation of condition 1 of PA 16/00746/B, Alterations and erection of extension to dwelling, to extend period of permission for a further four years
Alterations and erection of extension to dwelling