15 May 2013 · Director of Planning and Building Control (Michael Gallagher, MRTPI)
Field 424885, Ballagawne Road, Ballabeg, Castletown, Isle Of Man, IM9 4lf
The site is part of an agricultural field adjacent to Ballabeg Parish Church, zoned in 1999 and 2009 plans for 'Buildings for Civic, Cultural and Other Special Use' annotated 'worship', outside settlement boundaries but compatible with burial ground extension.
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The officer assessed the application in a hypothetical 'no scheme' world per Acquisition of Land Act 1984, focusing on planning merits without regard to the compulsory purchase scheme.
General Policy 2
Requires development to respect site/surroundings, protect landscape, amenity, access, etc. Officer assessed burial ground compliant due to zoning fit and landscaping condition; other uses failed on landscape/amenity grounds in countryside.
General Policy 3
Restricts countryside development to specific exceptions. Agricultural buildings did not qualify; landowner-suggested access/parking etc. premature without permissions on adjacent unzoned land.
Strategic Policy 2 - Priority for new development to identified towns and villages
Limits countryside development to exceptions. Site outside settlement boundary per Draft Plan; burial ground acceptable via zoning, others not.
Environment Policy 1
Protects countryside unless overriding need. Burial ground zoning provided justification; no adverse ecology noted.
Environment Policy 2
Protects Areas of High Landscape Value. Site in such area but zoning and landscaping mitigated impact for burial use.
Environment Policy 15
Allows agricultural buildings if need outweighs countryside policy and sited near groups. No functional need demonstrated; zoning prioritised burial over agriculture.
Transport Policy 4
Requires highways to accommodate development safely. Highways confirmed no issues for burial ground.
Transport Policy 7
Parking per standards. No implications for low-traffic burial use.
Energy Policy 2
Safeguards land within 9m of high tension cables. Restricted building locations but allowed burial ground.
Limits approval to burial ground use
The approval relates to the use of the site as a burial ground.
Landscaping scheme
Prior to the creation of a burial ground, details of landscaping shall have been submitted to and approved in writing by the Planning Authority. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Do not oppose as it has no traffic management, parking or road safety implications
no objections to make
Highways Division and Arbory Parish Commissioners have no objections to the application, while Patricia Newton on behalf of Elizabeth Clucas Charitable Trust objects due to impacts on land value and future development potential.
Key concern: Application fails to account for alternative higher-value uses of the whole field (vehicle access, parking, footpaths, servicing, landscaping) impacting farm viability and asset maximization
Arbory Parish Commissioners
No ObjectionI write to confirm that my Commissioners have considered the above application and have no objections to make.
Department of Infrastructure Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Patricia Newton on behalf of Trustees of the Elizabeth Clucas Charitable Trust
ObjectionOur clients would therefore not wish a certificate to be issued for purely burial ground / agriculture.; There is clear potential for the field to be additionally utilised to provide vehicle access, car parking, footpath, servicing and landscaping.; There is clear disbenefit to the future of Field 424885 as a whole if the latter are not fully assessed in the development value of the site covered by the application.
Arbory Burial Authority applied for CADV under Acquisition of Land Act 1984 for part of agricultural Field 424885, zoned for cemetery extension, stating no alternative uses other than burial ground or agriculture. Planning Authority issued CADV on 15 May 2013 solely for burial ground use. Appellant (landowner) appealed seeking inclusion of agricultural buildings, residential, church parking/access, and other uses in 'no scheme world' assessed at effective date 21 Oct 2010. Inspector held public inquiry on 11 Sep 2013, conducted site visit 9 Sep 2013, rejected agricultural buildings/residential/recreation due to countryside policies/AHLVSS/exposure but accepted limited church-related worship use (small building/car park/access). Minister accepted recommendation on 7 Oct 2013, cancelling original CADV and issuing new one for burial ground plus worship use subject to conditions.
Precedent Value
CADVs must disregard site-specific scheme zoning but apply general countryside policies at fixed 'effective date' (first written negotiation offer); broad zoning terms (e.g. 'worship') can yield positive alternative uses if low-impact; appellants should demonstrate essential need/services insufficient alone against policy presumption.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
