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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01068/B Applicant : Mr Richard Alexander Delaney Proposal : Erection of agricultural store/out-building (retrospective) Site Address : Ballamenagh Moar Farm Ballamenagh Road Baldrine Isle Of Man IM4 6AJ
Case Officer : Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.01.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
Plans/Drawings/Information;
This approval relates to drawing referenced; RD-01 and photographs date stamped received 10th October 2017.
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Interested Person Status - Additional Persons
None __
Officer’s Report
APPLICATION SITE 1.1 The application site is the residential curtilage of Ballamenagh Moar Farm, Baldrine. The dwellinghouse is a large detached property within its own gardens. The building is set back 50m from the Ballamenagh Road and is partially screened by the existing mature hedging and trees on the boundary and within the site.
1.2 To the north east of the dwellinghouse is a paddock and wooden structure building with agricultural fields beyond.
THE PROPOSAL 2.1 The application seeks for the retrospective erection of a detached timber framed building. The building would measure 13.5m wide x 6.0m deep and 4.4m to the ridge and 2.7
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to the eaves. The building is sited to the east (5.0m away) of the dwellinghouse and fronts onto the surrounding paddock. The building sits on a concrete base and is constructed from timber frame and finished with horizontal timber cladding panels under a pitched roof.
2.2 The proposed use of the building is to be an agricultural store / outbuilding for the storage of tractors, trailers and usual tools and equipment for the upkeep and maintenance of the grounds. Also noted is the use for stabling of horses. The paddock area and proposed building is fenced off from the remaining of the residential curtilage with wooden post and rail fencing.
2.3 The applicant also provides a statement noting the retrospective aspect of the proposal and how this matter has arisen. With the application documentation is an affidavit statement from the previous owners whom erected the building prior to the applicant purchasing the property.
PLANNING HISTORY 3.1 The application site has been the subject of six previous planning applications that are considered specifically material to the assessment of this current planning application;
3.2 16/01309/B - Alterations, erection of single and two storey extensions to dwelling. Approved. This proposal focused on erecting two wing extensions either side of the dwellinghouse, one single storey and the other two storey.
3.3 15/01170/B - Alterations and erection of a rear extension to dwelling. Approved. This application sought to construct a replacement rear extension with a flat-roofed extension measuring 3.90m by 4.91m, and would provide a utility room and WC.
3.4 09/00823/B - Erection of a detached garage / store. Approved. The development proposed by the current planning application is located within the residential curtilage of the property and is suitably subservient to the dwelling in terms of size and appearance. As such, it is considered that the proposal suitably addresses the concerns of the previous planning application. However this permission has not been implemented and has now lapsed.
3.5 08/01992/B - Erection of replacement building to provide garage, store and study area. Refused on the basis that the proposed building was overly large and had a similar appearance to that of a detached dwelling.
3.6 04/01880/B - Erection of a workshop/store and home office building to replace existing outbuilding. Refused. The application proposed a new garage building which resembled a dwellinghouse to the west of the main house. The application was refused on lack on detail with the application documentation.
3.7 02/02318/B - Installation of replacement uPVC windows and front door, French door to replace existing window and two replacement and one additional roof lights. Approved. The application was conditioned to; This approval also relates to the installation of sliding sash windows to match those already in the property, and two fixed lights as already exist.
3.8 98/01189/B - Installation of uPVC windows to replace existing, Ballamanaugh Mooar Farm, Road of the Middle Farm, Baldrine, Lonan. Refused.
DEVELOPMENT PLAN POLICIES 4.1 In terms of land use designation the application site is zoned under the Isle of Man Development Plan Order 1982 as white land or not zoned for development and sits to the east of an area marked as woodland, but is within an area zoned as High Landscape Value or Costal
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Value and Scenic Significance and within the catchment of an area Designated as 'Nature conservation zones, nature reserves and sites of ecological importance for conservation'.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application;
4.3 The relevant parts of General Policy 3 state: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: ... f) building and engineering operations which are essential for the conduct of agriculture or forestry".
4.4 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 outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
4.5 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."
4.6 Environment Policy 15: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
"Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.
"Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape".
REPRESENTATIONS 5.1 Garff Parish Commissioners do not object (30/10/17)
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5.2 Highways have commented but have no objection (07/11/17)
ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the visual impact of the proposed development on the character and appearance of the countryside in terms of siting, design, size or finish. (ii) whether the proposal would adversely affect the countryside.
6.2 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1, 2 and General Policy 3 of the Strategic Plan. There are exceptions to this presumption with respect to equestrian / agricultural buildings which are set out in Environment Policies 15.
6.3 The proposed building is to be used as stabling and also for storage of maintenance equipment for the upkeep of the gardens and paddocks. The siting of this building is in close proximity to the dwellinghouse would ensure its use and any views are read in conjunction with the dwellinghouse and not as isolated development in the countryside. With that said, the appearance of the building would be "agricultural or stabling" in its finish and given its size being very much subservient to the dwellinghouse, would not appear as unwarranted development appearing out of character. The nature of construction of the building and the proposed materials would reflect their specific purpose. It is considered the building by way of its construction and finish would be appropriate size and construction for this location.
6.4 The retrospective aspect of this application is noted with the affidavit statement which notes; ..."that the former owners replaced wooden stables that had deteriorated to a state where the roof required replacing and structure leaked. The building was used to keep equipment and machinery for the upkeep of the land. Unassumingly, the building was replaced, albeit without planning permission, as it has existed for many years". Considering the above, an examination of aerial imagery from over the years has confirmed that a building has been on site and in this case I have no reason to think otherwise.
6.5 As such, it is considered that the proposal manages to satisfy the key tests of Environment Policy 15. It is not considered to have a detrimental impact which would adversely affect the character or quality of the landscape to such an extent to warrant a refusal and would comply with the criteria of Environment policy 15.
RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
INTERESTED PERSON STATUS 8.17.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and Manx Utilities and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
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o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 16.01.2018 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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