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18/00639/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00639/B Applicant : Dalmatian Estates Limited Proposal : Creation of two field accesses Site Address : Fields 120242 & 120316 Ballawhane Farm Leodest Road Andreas Isle Of Man IM7 3EG
Principal Planner: Mr Chris Balmer Photo Taken : 28.06.2018 Site Visit : 28.06.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.09.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Within one month of the access within field 120316 being completed the field gate within 120241 is required to be blocked up either with a sod bank and/or hedge as shown within the approved drawing 856.10.
Reason: In the interest of highway safety and the visual amenities of the area; also this is what has been proposed within the application.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing reference number 856.11 received on 18th June 2018 and drawing 856.10A date stamped received 22nd August 2018.
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Interested Person Status - Additional Persons
None __
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Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The site is part of agricultural fields 120242 & 120316 which are located to the north and south of the Leodest Road. The two fields are within the ownership of Ballawhane Farm which is located to the south of the two fields and northwest of Andreas Village.
1.2 The area is characterised by sod banks, the overall height is apx 1.3m and with vegetation in places on top. An existing field gate exists within the neighbouring field 120241 (same ownership), this is proposed to be blocked up as part of the proposed works.
2.0 THE PROPOSAL 2.1 The application seeks approval for the creation of two field accesses to each field (120242 & 120316). The entrances would be opposite each other, across the Leodest Road. The gates are required to make it easier to cross horses/livestock from one field to another and to minimise the time the horses/livestock are on the highway.
3.0 PLANNING POLICY AND STATUS 3.1 The application site is within an area of open countryside not designated for development under the Isle of Man Development Plan Order 1982. The site is within an area of High Landscape or Coastal Value and Scenic Significance
3.2 Due to the land use designation of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:
3.3 General Policy 3 states: "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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".
3.4 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."
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3.5 Environment Policy 2 states: "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."
3.6 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.0 PLANNING HISTORY 4.1 There is no planning history on this site.
5.0 REPRESENTATIONS 5.1 Andreas Parish Commissioners have no objection (13.09.2018).
5.2 Highway Services have requested that the application (24.07.2018) is deferred for the following reasons: "The location plan is inadequate as it does not show the road names and a sufficient area surrounding the site for its precise location to be identified. The proposal is to close an existing field access gate and install 2 new field access gates opposite each other on either side of the road to provide access between the 2 fields for a horse crossing point.
The proposed gates would each be 4m wide (although 3.5m wide is stated elsewhere on the plan) and set behind a proposed hardcore surface. The applicant should confirm the proposed type of hardcore surface to be used as it needs to be ensured that it would not result in loose material being transferred onto the adjacent highway which would be illegal and unsafe. The gates would need to open inwards into the site to avoid obstructing the adjacent highway which would be unsafe.
The proposed plan shows that a 1.3m high hedge would be in place either side of the hedge. This would be of a sufficient height for a horse rider or tractor to see over but possibly not for other traffic. The applicant is therefore asked to confirm if anything other than a tractor or horse rider would be using the proposed accesses to determine if this is an issue. If the accesses would only be used by tractors and horse riders then highway visibility splays should not be required provided that the height of the hedge is maintained at this (or an alternative suitable) level which could be secured via a planning condition if considered necessary.
The block plan does not specify the name of the road and the speed limit which is required to determine the level of highway visibility required to comply with visibility standards. The visibility splays are not correctly shown on the plan and in addition, the widths of the grass verges appear to be considerably wider than shown in the photographs due to the position of the hedges. Highway Services request that the application is deferred to allow the applicant to consider the above.
Recommendation: DEFER" 5.3 Following these comments the applicants have provided an updated plan and the below comments to address the initial concerns. At the time of writing this report Highway Services have not made any further comments.
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5.4 "Further to your email of 18.07.2018 we enclose update comments and information for your consideration with regard to the 2 No/ Field Gates. o The Coast Road is the A10 and is like most of the roads in this area D restricted. o These gates are required for direct Health & Safety access across the from the main farm to newly acquired land & grazing, If this isn't in place then horses will have to be brought from the main drive entrance off the Leodest Road and walked or rode 250mm along the D restricted roadway to paddocks. This creates a very dangerous situation for Horses / Riders & stable hands, which have already seen near miss incidents near the crossroads particularly. o The new gate positions are sited at the lowest access points in the field to allow quick horse crossing & safe farm vehicle access. Vehicles including tractors & farm quads can move directly across rather than having to turn in off the carriageway. This as you know causes potentially more chance of delay / incidents as vehicles with trailers negotiate farm gates. By have direct access straight over much of these issues are elevated and can be better controlled with bank man overseeing. o The hedges as re measured are only 0.9 m high with wide grass verges 1.9 - 2.2m and sloping hedging. Though not necessary we would still prefer to provide gate splays to assist with large combine access when needed. o The gate accesses will be formed with min 200mm well compacted hardcore with grass seed spread over. This is to maintain compacted clean access year round. These will grass over but maintain a hard access beneath. There will be no loose material for migration to the highways. We are happy that this is conditioned accordingly as part of the approval."
6.0 ASSESSMENT 6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3, in this instance paragraph f and Environment Policy 1. This policy states that building and engineering operations which are essential for the conduct of agriculture or forestry are one of the possible exceptions to development on land not designated for development. The applicant wishes the gates to essential provide a safer way of crossing his existing horses/livestock to one side of the Leodest Road to another. It is considered the principle of this is acceptable and would comply with GP3.
6.2 In consideration of this application the main issues are the impact on the characteristics of the local rural countryside and highway related issues.
6.3 Environment Policy 1 and states that development that would adversely affect the countryside will not be permitted unless there is an over-riding national need. Environment Policy 2 requires the development would not harm the character and quality of the landscape or the location for the development is essential. Given the nature of the proposal it is considered that a field gates of the design and locations proposed would not look out of place and as such is considered to withstand the test of Environment Policies 1 and 2.
6.4 The access would have visibility splays of 140m and 120m (gate field access 120316) and 120m and 78m (gate field access 120242). The comments initially made by Highway Services would appear to have been overcome by the applicants; albeit, the Department has not formally received further comments from Highway Services. It is hoped formal comments will be made at the Planning Committee.
7.0 CONCLUSION 7.1 On the basis that Highway Services raise no objection, it is considered the proposal scheme is acceptable for these reasons set out in this report, it is recommended that the application be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
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(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 (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 o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted... Committee Meeting Date:...01.10.2018
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
YES/NO
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