11 November 2005 · Planning Committee
Field 614795, Ballamenagh Road, Baldrine, Isle Of Man, IM4 6ah
The proposal involved levelling an untidy field (Field 614795) south of Lonan Old Church entrance on Ballamenaugh Road, Baldrine, by importing approximately 1200 cubic metres of fill material (hardcore and topsoil) to raise levels by about 1m in places, creating level areas, and planting a boundary hedge.
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The Planning Committee refused the application because 'the road network serving the site is inadequate to satisfactorily accommodate the amount of traffic needed to achieve the amount of infilling pr…
approved subject to topsoil and grass finish, no need for proposed entrance
no objection subject to not prejudicing adjacent watercourse
protect watercourse with vegetated buffer if approved
DOT Highways objected due to highway damage from heavy vehicle traffic; Lonan Parish Commissioners conditionally supported subject to site clearance, topsoiling, grassing, and concerns over entrance location; DOT Drainage and DAFF Wildlife raised no objection with conditions to protect watercourse.
Key concern: significant damage to public highway from heavy vehicle traffic
DOT Highways
ObjectionOn balance the Department of Transport must object to this planning application because of the traffic which will cause significant damage to the public highway; This volume of traffic will cause significant damage to the public highway carriageway and verges over an eighty six week period
Conditions requested: use of smaller and lighter vehicles (7.5 or 12 tonne up to once per week over two year period)
Lonan Parish Commissioners
Conditional No ObjectionThe Board having conditionally approved this application on 25th January last, reiterate that any permission should be subject to the site being finished with top soil and grassed; they believe that in addition to the above, the application should not be given any further consideration until the applicant has made good the site, by clearing it up
Conditions requested: site being finished with top soil and grassed; site cleared up before application given further consideration
DOT Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to: - The proposed Levelling of land and creation of boundary hedge must not prejudice the adjacent watercourse
Conditions requested: proposed Levelling of land and creation of boundary hedge must not prejudice the adjacent watercourse
DAFF Wildlife and Conservation
Conditional No ObjectionIf the committee is minded to approve this application, we ask that this watercourse is protected from blockage, damage or silt runoff during rainfall by providing a suitable vegetated buffer between the fill and the watercourse
Conditions requested: provide suitable vegetated buffer between the fill and the watercourse
Ian Bleasdale on behalf of Society for the Preservation of the Manx Countryside & Environment
Conditional No ObjectionIF this present proposal is a genuine attempt to put matters right and reinstate the land with the blessing of the Planning Department, then we will support it. On the other hand, if it is just a further attempt to accommodate more random tipping here, then we STRONGLY OPPOSE.; to have a refuse tip here is disgraceful!
The original application to level land by importing landfill material (up to 1m height increase) and create a boundary hedge at a degraded site near Lonan Old Church was refused by the Planning Committee on highway safety grounds and lack of need for further tipping. The appellant argued the site had a history of tipping, needed restoration for visual improvement and to prevent fly-tipping, referenced prior permissions and local developments, and offered to reduce fill to 0.5m with smaller vehicles. The Council maintained the site could be improved by re-grading existing material without further imports, highlighted unsuitable narrow access for HGVs, and noted no supporting policies. The inspector agreed the proposal would exacerbate the artificial landform in the countryside and cause highway damage, rejecting comparisons to policy-compliant developments and concluding alternative restoration methods exist. The appeal was dismissed on 15 May 2006.
Precedent Value
Demonstrates inspectors prioritise countryside character over restoration benefits if proposals create artificial landforms; future applicants should propose re-grading existing material/topsoil imports only, with clear traffic management, to gain support in sensitive rural locations.
Inspector: Andrew D Kirby
