Planning Officer Report

Case Officer: Mr Steve Stanley Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks a certificate of lawfulness for the retention of a 'Portakabin' and two storage containers, Barroose House, Barroose Road, Baldrine.

The Site

1. The application site is comprised of the curtilage of Barroose House, which is a large detached dwelling located on Barroose Road, around 500 metres to the west of the built up area of Baldrine. The site includes outbuildings extending from the house towards the neighbouring bungalow and the complex of barns to the northeast. Barroose House is set on a hillside overlooking Baldrine Road and the Manx Electric Railway.

The Proposal

1. This application seeks a certificate of lawfulness for the retention of a 'Portakabin' and two storage containers which are located at the site. The application includes plans and elevations of the structures which are located around the perimeter of a marquee (see planning history below).

1. The application includes a supporting letter which sets out the following:

"The current application is based on the fact that the existing portakabin and storage containers have been sited in their current locations for a period in excess of 4 years."

1. The letter goes on to set out that portakabin and storage container 2 were purchased on the 31st October 2004 and delivered to the site prior to that date on the 28th October 2004. A receipt for the purchase dated 31st October 2004 is appended to the application. A Department of Infrastructure aerial photograph dated 15th July 2006 shows Portakabin and container number 2 in their current position.

Development Plan Policies

1. The application site is located within an area that is recognised as being Open Space/Agricultural Use by the Laxey and Lonan Area Plan 2005. Such land is not designated for development.

Application No.:	12/01253/LAW
Applicant:	Mr Ian George Berresford & Mrs Mary Jane Sims
Proposal:	Application for a certificate of lawful use for the retention of a portakabin and two storage containers
Site Address:	Barroose House Barroose Road Baldrine Isle Of Man IM4 6AR

1. Within the Isle of Man Strategic Plan, the following are judged to be relevant:

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."

Environment Policy 21:

"Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used."

PLANNING HISTORY

1. The following previous planning applications are considered relevant to the determination of this proposal:

03/00257/B - Erection of an agricultural shed. This application was refused for the following reason:

"The site already has buildings on it which could be used for some of the uses for which the new building has been proposed. As such the Planning Committee is not persuaded that a building of the size proposed - 41m x 15m is justified on what is a relatively limited size in terms of visible agricultural or grazing land."

05/02025/R - Retrospective application for the erection of a marquee. Approved on appeal. The following conditions which were attached to the approval are considered to be relevant:

C1. This approval relates to drawing no. 001 date stamped 21 October 2005 and shall inure for the sole benefit of the applicant, Mr and Mrs Sims, for a period of 5 years from the date of this permission, on expiry of which period the structure shall be removed permanently from the site.

C2. The structure hereby approved shall be used only by the applicants, Mr and Mr I Sims, and solely for agility training for their own dogs. Other uses of whatever kind are not permitted, including the use of the structure by or on behalf of other persons for training or competition events.

A concurrent planning application (12/01254/B) seeks approval for the retention of existing marquee. This application is pending consideration.

REPRESENTATIONS

1. The Highways Division of the Department of Infrastructure does not oppose this application.

1. Lonan Parish Commissioners do not object to this application.

Assessment

1. Applications for Certificates of Lawful Use or Development are assessed against the evidence that is submitted with such applications. In the case of the development that is the subject of this application, if the applicant can demonstrate that the containers and Portakabin have been on site for a continuous period of 4 years or more, it would not be possible for the Department to initiate enforcement action.

1. The evidence submitted consists of photographs and invoices which would seem to suggest that the Portakabin and one of the containers (that referred to as 2) have been in situ since 31st October 2004. On the basis of what has been submitted it is considered that these structures have been on site for more than 4 years.

1. The applicant's state that the container labelled 1 on the submitted plans was purchased on the 1st March 2007 and has been in situ since that time. The only evidence submitted to support this is a Department of Infrastructure aerial photograph which was taken in July 2009. Based solely on this photograph, there is insufficient evidence to prove beyond any doubt that container 1 has been in situ for 4 years or more.

1. It is considered that whilst the evidence to demonstrate that container 1 has been in place for 4 years or more is not conclusive, there is no evidence to refute the applicants' claims that the structure has been in place for more than 5 years. Taking all of the evidence into account, it is judged that the balance of probability would suggest that the Portakabin and containers have been in situ for more than 4 years and as such successful enforcement action by the Department would not be possible.

Recommendation

1. It is recommended that a certificate of lawful development be issued in respect of the Portakabin and two containers.

Recommended Decision: Certificate of Lawful Use Approved

Date of Recommendation: 29.10.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The submitted application reference, PA12/001253/LAW, contains evidence sufficient to demonstrate that the Portakabin and two containers as shown by the plans HLK/12/0124 2,

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Certificate of Lawful Use Approved Date : 12 November 2012

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager