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16/00125/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00125/B Applicant : J R Creer Ltd Proposal : Erection of a visitors and education centre, three traditional tholtan style tourist units, conversion of existing outbuilding to tourist accommodation, erection of facilities block, creation of parking area and kiosk, upgrading of access lane and creation of wildlife pond Site Address : Middle Cordeman Farm Cordeman Road St Marks Ballasalla Isle of Man IM9 3AJ
Case Officer : Miss S E Corlett Photo Taken : 17.03.2016 Site Visit : 17.03.2016 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT
THE SITE 1.1 The site is the extent of Middle Cordeman Farm, a holding of around 97 hectares located to the north of the Bayrauyr (the highway leading from St. Mark's to the A3 Foxdale Road and to the west of the rural road which leads north from the Bayrauyr towards Stoney Mountain. The site has within it an occupied dwelling and a number of farm buildings together with a completed but not used farm shop building. Just outside the site are dwellings - an unoccupied farmhouse which lies to the immediate east of the large portal framed barn to the south of the farmhouse and to the west of the farmhouse is a group of dwellings known as Upper Cordeman Farm. Both sets of dwellings share an access with the application site.
1.2 The application site has a number of accesses into it - those two referred to above and also a third, further to the south towards the Bayrauyr. The site also has within it a number of ponds and the farm access tracks have recently been repaired and upgraded.
1.3 The history of the site is unusual for a Manx farm. The holding as we see it today was created through the acquisition by the then 13th Earl of Northesk, of a number of farms creating one substantial holding with the purpose of breeding European pedigree beef cattle. The farm continued until the 1970s in this vein until economic conditions resulted in the change in direction from beef rearing to the creation of a more varied landscape within the farm, introducing copses of trees, lakes and a more wildlife-friendly estate than a production-intensive environment.
1.4 The applicant purchased the site in 2001 and began the keeping and breeding of Aberdeen Angus cattle and Loaghtan sheep, all produced naturally and free range. The applicant also continued with the management of the land for wildlife and environmental benefit, introducing further ponds and more tree planting.
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16/00125/B
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1.5 The applicant sought and gained planning approval for a farm shop in 2004 with an extension for cafe facilities approved in 2012 with a view to selling meat from animals raised on the farm although this has not been operational, despite the building being completed.
THE PROPOSAL 2.1 The applicant wishes to continue to develop the farm, not solely as an agricultural operation but to expand the cafe and shop facilities to create a visitor attraction in its own right, with the stock on display along with smaller animals (hens, fowl) with which visitors can interact together with an opportunity for Dolittles, a Manx animal therapy organisation, to allow the public to interact with their animals. The applicant is working with the Manx Hedgehog Conservation Society and wishes to include a building to provide a base for them along with a visitor centre to explain how hedgehogs behave and can be rehabilitated. The applicant also wishes to provide tourist accommodation in the form of small scale units of accommodation on a basic level of amenity along with a new stable style building opposite the farmhouse to provide toilets and shower facilities.
2.2 The Manx Hedgehog Conservation Society building will be located at the southern end of the site and designed in the form of a thatched roofed and rendered walling with basic dimensions of around 12m by 6m at its widest points. The building will be just over 6m tall and with an irregularly shaped footprint and timber double glazed windows. A small car parking area is proposed alongside.
2.3 The tourist accommodation would be based upon a slightly more permanent yurt style of basic accommodation with no shower or toilet facilities and an internal floor area of 7.4m by 3.4m which is less than would be allowed under the Housing Regulations for permanent occupation. There will be three of these new buildings, all with thatched roofs, rendered walls and set on a concrete slab foundation. The buildings would have a single wall construction structure. There is a small ladder accessed mezzanine level in each but with inadequate headroom to be considered as additional living accommodation. Each unit will have a sitting area and two bedrooms. There will be a chimney on one side of the roof serving a proposed multi fuel stove within the sitting room. The proposed buildings will be set in the corner of three fields within the farm, at some distance from the others.
2.4 One of the four tourist units will be created from an existing stone building which sits in the north western part of the site. This is intact and has been the subject of renovation works to replace the roof. This building will not be changed externally and will accommodate a sitting room bathroom and bedroom. This is the furthest unit from the farmyard.
2.5 No access tracks are proposed to and from the units and it is understood that the applicant will transport visitors' luggage to and from the units by quad as is the case with the yurt facility operated in Union Mills.
2.6 The applicant proposes to introduce a new pond near to two existing ponds. The existing ponds have successfully attracted coots, swans and varieties of duck all of whom have stayed and bred there. The new pond would be up to 3.5m deep and 6.8m by 5.4m at its widest lengths. The pond would be fed by a natural fresh water stream with new "native species" trees introduced around the pond and on small islands within it. The excavated material will be used on the surrounding land for banks and footpaths.
2.7 The existing wastewater treatment facility will be upgraded: this lies to the south west of the farm house.
2.8 The existing agricultural building to the east of the farmhouse will be extended, almost doubling the size of the building, to provide additional internal space for animals and feed.
2.9 A stable styled building with rendered walls and a sheeted roof will be erected opposite the farmhouse, to the east to provide shower, laundry and toilet facilities for all visitors to the site.
2.10 Existing lanes within the site will be upgraded with passing places introduced.
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16/00125/B
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PLANNING POLICY 3.1 The site is within an area on the Area Plan for the South adopted in 2013 designated as open space, that is not identified for a particular purpose. During the consideration of the Area Plan, the applicant made a submission to the Department to have this site designated as Tourism (for the creation of 6 holiday chalets) but this was rejected on the basis that the site is clearly part of the countryside and the proposal does not comply with any of the exceptions listed in the Strategic Plan.
3.2 The site lies within an area of Incised Slopes on the draft Landscape Character Appraisal where the APS states the following:
Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.3 There are no specific landscape policies which should be applied to this area.
3.4 The Area Plan includes part of the southern part of the site, near where the ponds are situated, as a draft area of ecological interest.
3.5 The Strategic Plan protects the countryside for its own sake (EP 1) and sets out in General Policy 3 where there may be exceptions to this general provision:
"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".
3.6 The Plan is very specific that tourism-related development should be subject to no less strict restrictions than other forms of development as the countryside itself is one of the attractions for tourists to the Island (paragraph 9.5.3).
PLANNING HISTORY 4.1 Planning applications have been submitted for a number of agricultural buildings, including a farm shop and farm dwellings, most of which have been approved. One application, PA 02/00176/B was refused for the creation of a lake for the reason that:
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"The proposed lake would be created in an area which encompasses wet rushy pasture with nesting curlew and frogs present. It is considered that the proposed development would adversely affect an area in which a species protected under the Wildlife Act 1990 is present, and is therefore contrary to the provisions of the said Act."
REPRESENTATIONS 5.1 Department of Environment, Food and Agriculture Fisheries Office recommend that the detailed plans and descriptions proposed the construction of a wildlife pond across the path of an existing stream and that the applicant needs to complete a Development within 9 Metres of Watercourse form (12.02.16). Following discussion with the applicant, the Fisheries Division now recommends that the plans showed that the pond would be built across a small existing stream or ditch. DEFA fisheries had some initial concerns about the design and position of the pond as shown in these plans. In discussions, Mr Taylor informed officers that the position of the planned pond on the drawings was incorrect and that he would prefer that it did not cut across the stream, in order to protect the willow trees growing there. Mr Taylor explained that the aim of the pond is to encourage the growth of lilies and dragon flies for which static water is required at a depth which would be at risk if silt carried by the stream was introduced. Alternative approaches to filling the pond were discussed, in particular the possibility of taking water from the existing lakes on the property. The location of the pond and methods of filling suggested by Mr Taylor during the visit did not present concerns from a fisheries perspective, but these differed to some extent from the published plans.
In summary DEFA fisheries have no objection to the proposed development, provided that the approaches below are followed. These are in line with on-site discussions with Mr Graham. These approaches will prevent possible adverse effects on watercourses and fish habitat:
The pond should not be built across the path of the existing stream or ditch. This is to prevent the introduction of sediment to the stream during construction, which may in turn have an adverse effect on fish spawning areas downstream.
The existing stream should not be used as the water supply to fill the pond. This might reduce water flows in the stream during critical periods. The pond should be filled from groundwater or from the nearby existing ponds as discussed.
The applicant is advised to contact DEFA when works are due to commence, which can be done by email or telephone. In the meantime please contact Inland Fisheries on 685857 with any further queries (25.02.16).
5.2 Department of Infrastructure Highway Services seek a deferral: in order to assess the impact of this application a transport statement is required providing the following information:
-expected additional traffic, volume and type e.g. staff/visitors/servicing/coaches/mini buses -alterations required to the access road to ensure inter-visible passing places -improvements at the access to permit passing traffic and improved visibility -signs to ensure visitors can locate site and don't drive further up Cordeman Road than necessary
The statement should consider the maximum impact expected (23.02.16).
5.3 Department of Economic Development Tourism Division state that: "Under the provisions of the Tourist Act 1975, this Department has a duty to maintain, encourage, develop, protect, promote and facilitate tourism in, to and from the Island to the best advantage of the Island (Tourist Act 1975 SS 1 and 2). The Department has an interest in this application by virtue of those provisions.
A full on site advisory visit has been undertaken several meetings have been held with the applicants to discuss their plans for the development of the site and the visitor accommodation in particular. This type of facility will be unique on the Isle of Man ad will help to meet growing
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demand for alternative accommodation and be attractive to the key markets identified in the Department's new Destination Management Plan.
It is anticipated that the accommodation would achieve a high quality finish which would be in sympathy with the Departments policy to encourage a quality visitor experience to ensure the Island remains competitive as a destination.
In conclusion Quality and Service Team at Isle of Man Tourism, Department of Economic Development fully supports the above planning application" (19.02.16).
5.4 A resident of Maughold expresses concern that the site is in the countryside where development is generally discouraged, and also express concern at the capacity of the road network to accommodate more traffic, and suggest that the impact may be reduced if the buildings were concentrated more around the farmyard (12.02.16).
5.5 Malew Parish Commissioners indicate that they do not object to the application (04.03.16).
ASSESSMENT 6.1 The landscape in which this site lies is gently upward sloping open space with groups of trees and scattered buildings, mostly traditional, the rendered structures standing out most. There are also larger modern agricultural buildings to be seen. The proposed new structures will be generally tucked into the corner of fields and will be low profile to enable them to nestle into the countryside without being prominent and possibly not being publicly visible. The design of the buildings with thatched roofs should help them disappear visually into the countryside. The existing stone building is barely visible in the landscape and certainly not prominent. It is not considered that the proposed tourist units will have any adverse visual impact.
6.2 The Government's tourism strategy encourages the provision of new tourist accommodation and DED have indicated that this unique style of development will be attractive to tourists wishing to come to the Island. The fact that they are not large enough to be able to be permanently occupied and the lack of services helps avoid the potential for them becoming permanent dwellings in the countryside which would be contrary to Government planning policy. In other parts of the Island, the camping pod or yurt style of basic accommodation has become very successful and adds to the stock of tourist accommodation available on the Island to tourists and Island residents wishing to have a break from their main dwelling.
6.3 Similarly the hedgehog information building will blend into the landscape. The Strategic Plan makes provision for development which is associated with the interpretation of the countryside and this sits comfortably with this, particularly given the nature of the approvals granted on this site which have opened the farm up to people wishing to visit, to the cafe or farm shop and where they can learn more about the countryside and about farming.
6.4 The existing ponds are not publicly visible outside the site and even from the Cordeman Road they cannot be seen. The existing ponds have been very successful in attracting and maintaining wildlife and it is hoped that the new ponds will complement these.
6.5 The new buildings and extensions to those around the farmhouse are grouped such that they will have little, if any visual impact on the landscape, adding to an existing group which is partly screened by the existing tree belts within the farm.
6.6 In summary, the proposal represents an interesting and presently unique form of tourist accommodation and complementary developments which will encourage people to visit and better understand the countryside. The applicant is committed to improving his farm for its agricultural and ecological value and those concerns raised by DEFA Fisheries and Department of Infrastructure Highway Services can be dealt with by condition. The application is recommended for approval.
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PARTY STATUS 7.1 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, in this case Department of Economic Development and Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture Fisheries are within the same Department as is the planning authority and as such should no be afforded interested person status under the Order.
In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The residents of Maughold who live some considerable distance from the site.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
SUPPLEMENTARY REPORT The Planning Committee approved the application but subject to two additional conditions controlling the colour of walling of the new build tourist and hedgehog information buildings and to require the removal of these buildings if no longer used for their approved purpose.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.03.2016
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. The proposed new tourist units may be used only as tourist accommodation and not as a permanent or main residence for any person.
Reason: The units are being approved as they contribute to the Government's tourism strategy and would not otherwise be approved if they were for permanent occupation.
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C 3. The pond should not be built across the path of the existing stream or ditch. This is to prevent the introduction of sediment to the stream during construction, which may in turn have an adverse effect on fish spawning areas downstream and the existing stream should not be used as the water supply to fill the pond. The pond should be filled from groundwater or from the nearby existing ponds as discussed.
REASON: This might reduce water flows in the stream during critical periods.
NOTE: The applicant is advised to contact DEFA when works are due to commence, which can be done by email or telephone. In the meantime please contact Inland Fisheries on 685857 with any further queries (25.02.16).
C 4. Prior to the commencement of any other works the applicant must have approved by the Department a plan showing:
-alterations required to the access road to ensure inter-visible passing places and -improvements at the access to permit passing traffic and improved visibility
and these works must be undertaken prior to the undertaking of any other works hereby approved.
REASON: In the interests of highway safety.
C 5. The hedgehog/nature information centre may be used only for the interpretation of the countryside and its wildlife and agriculture and for no other purpose.
REASON: An exception is being made to the general presumption against development as the facility will aid the interpretation of the countryside.
C 6. The walls of the new build tourist units and hedgehog information centre must be coloured such that their visual impact is limited in the surrounding area. Details of the colour of the walling of these buildings must be approved by the Department and the walling coloured in accordance with these details thereafter unless otherwise approved by the Department.
Reason: to enable the new buildings to sit comfortably and unobtrusively in their setting.
C 7. If the new build tourist units and hedgehog information centre are no longer used for their purposes hereby approved, the buildings and bases must be removed from site and the ground restored to its former condition within twelve months of last use.
Reason: to ensure that the countryside does not accommodate buildings which are no longer justified, in accordance with Environment Policy 1 and General Policy 3 of the Strategic Plan.
N 1. The applicant is encouraged to submit a scheme for the signage of the site to discourage visitors from travelling further up Cordeman Road. Such signage should be effective but appropriate in position, design, materials and design for the rural location.
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This approval relates to drawings 1317.1, 1317.2 x 2, 1317.4 x 3, 1317.5 x 2, 1317.6, 1317.30, 1149.4, 1278.1, 1278.2 and 1278.4 all received on 5th February, 2016.
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 : Approved
Committee Meeting Date:29.03.2016
Signed : S E Corlett Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required
YES/NO See Supplementary Report and additional conditions above
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