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17/00223/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00223/B Applicant : Mr Jason Elliott Proposal : Relocation of an existing field access Site Address : Part Field 514250 Mullinaragher Road Santon Isle of Man
Case Officer : Miss Lucy Kinrade Photo Taken : 11.04.2017 Site Visit : 11.04.2017 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site forms part of field 514250 located along the northern side of the Mullinaragher Road. The entire field runs a significant length of the road and has two existing accesses, one at the northern end nearest adjoining field 510279 and one at the southern end nearest the shared access of Ballacorris House and The Old Mill.
1.2 The field has recently been subdivided into two, the southernmost section now under separate private ownership, and the northern section, edged red on the submitted drawing 21/02/2017 is owned by the applicant.
1.3 The site owned by the applicant is currently accessed at the northern end through the existing gated access. The land here has a sloping gradient much steeper than the southern part of the site and the access here from the Mullinaragher Road is narrow.
1.4 Mullinaragher Road is lined along both side by mature Manx sod banks, hedging and vegetation. Each side of the single highway is also lined by a grass verge which varies in depth along the entire stretch of road.
1.5 On the adjacent side of the road to the field is a stretch of verge and boundary hedging that has been awarded a Conservation status by the Manx Wildlife Trust. This verge is marked by a small conservation sign next to the Highway at the northern end. Information about the verge is limited and its reason for designation is unknown. It has been explained by the Manx Wildlife Trust that due to a lack of funding, operation and upkeep of the Island's conservation verges, the status of such hedges and verges has been neglected.
2.0 THE PROPOSAL
2.1 The application seeks full planning approval for the creation of a new field access central to the site, part way between the existing access at the northern end and the southern boundary.
2.2 A 3.6m wide opening will be made in the existing bank and hedge and a new 3.6m wide gated access will be set back 6m from the edge of the highway providing access into the field. Each side of the access is to be lined by new Manx sod hedge constructed in accordance to Planning Circular 1/92 which sets out standards in the development of a Manx hedges.
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2.3 The new field entrance will include an area of grasscrete or similar to protect the existing grass verge leading into the field. The adjacent hedgerow either side of the access will be maintained as such to avoid obstructions to the visibility splay.
2.4 The existing gated access at the north end of the site is to be removed and the opening closed off by a new Manx hedge constructed in accordance to Planning Circular 1/92.
2.5 The current proposal comes following concerns and an objection from Highway Services with regard to the original drawings only having an access set back 3m from the edge of the highway, resulting in vehicles blocking the highway during the opening and closing of the gate.
3.0 PLANNING HISTORY
3.1 The land has been subject to two recent planning applications as set out below.
PA 15/0173/B - for the erection of stables with an associated yard and the creation of an access track and formation of an entrance with associated landscaping.
3.2 The original drawings for the application proposed the stables along the north-east boundary of the field 510279 with access from the Ballacorris Road. However the proposal was re-located following an objection from Manx National Heritage noting the close proximity of the heritage site Broogh Fort. The siting of the stables was relocated further south towards the south-east boundary the access was also relocating and was now proposed from the Mullinaragher Road.
3.2.1 The application was approved by the Department but recommended for refusal at appeal by an independent inspector, and later refused by the Minister.
3.2.2 The inspector's report made reference to the lack of need for the stable block and that its purpose would be to satisfy the applicant's interest in horses, although he owns none at present and that "if horses grazing here in the future needed protection from bad weather, this might be achieved through the provision of a small field shelter. It would not require a substantial stable block with a yard, and a new access." The inspector also made specific reference to the erection of the stable block which would "entail the removal of part of the existing Manx hedge in order to provide access to the site"
PA 16/01011/B - for the creation of a new access in to field 514250
3.3 The application proposed the removal of a large portion of the roadside Manx sod hedge and verge and the creation of a new large vehicle access formed with post and rail fencing and a timber gate. The access would be in addition to the 3 existing access which were within the extents of the application site. It was considered that the substantial removal of the road side hedging along with the timber fence design of the new large access would be significantly detrimental to the character of the countryside and that there was no justified need for a 4th access into the site to outweigh General Policy 3. The application was refused.
4.0 PLANNING POLICY
4.1 The site for the current application sits within an area designated as an area of 'white land' as zoned on the 1982 Development Plan, as such there is a general presumption against development as set out in General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016. EP1 also protects ecology with further detail as set out in Paragraph 7.8.6.
4.2 General Policy 3:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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(f) building and engineering operations which are essential for the conduct of agriculture or forestry."
4.3 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."
4.4 Paragraph 7.8.6 of the IOM Strategic Plan 2016
"Development which would affect any proposed or other recognised site of conservation value, including areas of ecological interest, will only be permitted where it can be demonstrated that:
4.5 In addition to the above Transport Policy 4 states the importance of design of new highway developments for both vehicle and pedestrian safety. This is relative to the 6m set back requested by Highway Services for the safe pulling in of vehicles.
5.0 REPRESENTATIONS
5.1 The Department of Infrastructure (DOI) Highway Services initially indicated that the set back of 3m from the highway did not allow for the accommodation of a vehicle waiting for the gate to be opened or closed, which resulted in a vehicle obstructing the highway.
5.2 Following receipt of amended plans detailing a 6m set back Highway Services stated that they did not oppose the application, although requested a condition requiring the closing up of the existing access within 1 month of the completion of the new access. (15/05/2017).
5.3 Santon Commissioners provided comments on the application 15/03/2017, following the submission of the original drawings, they raised concern regarding the intensive use of the site especially given its subdivision into small plots and also raised concern regarding the need for another access into the site. The Commissioners suggested an assessment from the DOI regarding the safety of the access.
5.4 No further comments were received from the Commissioners following the amended plans as of 04/07/2017.
5.5 The owner of The Old Mill, Ballacorris, Santon has submitted two objections to the application relative to both the original drawings and the amended drawings. The first objection raised concern regarding the safety of the access and the lack of consultation with Highways, made reference to the lack of information regarding parking spaces, raised concern regarding the access being within 1 metre of the road side ditch water course, the lack of justified need of an access and concerns regarding the design of the proposed hedge within the field. These comments were submitted on 12/03/17.
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5.6 Following the submission of the amended drawings the second objection (03/05/2017) received by the owner of The Old Mill raised concern that the proposed access would be out of character and appearance to other accesses along Mullinaragher Road, the close proximity of the new access to the Conservation verge would result in vehicles driving over the verge, lack of justification regarding the need for the new access rather altering the existing, the objection raised speculation over the further subdivision of the land and the lack of need for more accesses given that the entire land already has 3.
6.0 ASSESSMENT
6.1 Previously PA 16/01011/B had been refused for a 4th new access on the Mullinaragher Road due to the lack of need and refused for its obtrusive size and unacceptable timber fence design.
6.2 The current planning application seeks full approval for the creation of a new vehicle access from Mullinaragher Road into part of field 514250 and the closing up of the existing access. The fundamental issues to consider in the assessment of this application are whether or not the development of a new access is of agricultural need, whether the proposal impacts the characteristics of the local rural countryside and whether the proposal is considered to protect the designated Conservation Verge opposite.
AGRICULTURAL NEED
6.3 Since the previous application the entire land (fields 514250 and 510279) have been subdivided and sold, leaving the applicant with the central section where the existing access is sited in a location nearest the steepest sloping part of the field and near the narrow bend of the Mullinaragher Road. The relocation of the access to the southern flatter part of the site and located along a wider and straighter stretch of the road is considered to improve the visibility of the access, and also to provide a more suitable, safer and level access into and out of the site for larger agricultural vehicles.
6.4 As the proposal also includes the existing access to be closed up, it means that the number of access into the site remains as 1. Without any form of access the land would be considered land locked and perhaps unusable. Nonetheless the fact that the site already has 1 access and the proposal retains it as 1 (albeit in an alternative location) the need is considered acceptable.
HIGHWAY SAFETY
6.5 When it comes to the development of, or alteration of vehicles accesses, it has become increasingly important to provide safe and convenient access for all highways users. The current proposal is reactive to the concerns of Highway Services and has taken in to consideration the requirements of the Manual for Manx Roads which sets out standards for the construction of agricultural vehicular frontage accesses. A set back of 6m from the edge of the highway is essential in this case to allow for vehicles to pull off the highway in order to open the gates without causing disruption to the flow of traffic. While this is a relatively new standard of development it is expected that this form of access will become progressively more visible across the Island's countryside. Although the objector raises concern that the proposed access is out of context with the surrounding gated accesses that, it is considered that the set back design is essential for the location and to ensure highway safety is maintained.
ECOLOGY
6.6 Previously application PA 16/01011/B was refused for the significant loss of the road side Manx hedge and the erection of a domestic looking fence in excess of 8m was considered to drastically impact the character of the area. The current proposal removes 3.6m of the hedge and creates two new sections of hedge either side of the access turning into the field and proposed gate. The small loss of hedge to accommodate a vehicle and the creation of hedging either side
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helps to reduce the visual impact of the proposed access, and it is expected when travelling along the Mullinaragher Road that the access gap will go unnoticed until the last moments or until within close proximity.
6.7 The creation of a new access in the proposed wider location along the Mullinaragher Road and the closing up of the existing access located along the narrowest point of the road is expected to ease the movement of vehicles in and out of the field. The Conservation Verge opposite sits beyond the grassed verge which lines both sides of the road, the Conservation Verge is made up of various hedge row flora although information regarding its specific designation is unknown, it is not expected that the proposed new access will impact this verge given its distance of 7m and the provision of turning space on the proposed grasscrete system. Although development should not look to impact a Conservation verge it must be noted that there is nothing stopping vehicles from driving near to or close to the verge at present, especially if manoeuvring to allow another vehicle to pass.
OTHER ISSUES
6.8 The availability of space within the site means that parking is available for the parking of agricultural associated vehicles off the road. Although the objector raises concern to the lack of information available in the application forms, it is considered that the land is to remain as agricultural land and that the assignment of parking spaces is not considered applicable due to the agricultural use.
SUMMARY
6.9 The proposal includes the removal of a small amount of the roadside boundary and the creation of a new access and new hedging along both sides of the access. The gate is set back 6m for the edge of the highway to accommodate and meet the new requirement of highway safety for agricultural accesses and the proposal also includes the closing up of the existing access to ensure that only one vehicle access remains for the site and that there are minimal breaks throughout the hedging along Mullinaragher Road.
CONCLUSION
6.10 Overall it is considered that the size and design of the proposed access including the 6m set back of the gate is within the bounds of acceptability and a vast improvement over the refused 8m fenced access of PA 16/01011/B. In addition to this the ownership of the land has now changed and the need for 1 access is justified and understood. Whilst the new access may in its first instance look out of keeping with the existing accesses within the nearby area, it is expected that the construction of new access to meet Highways needs such as this will become more widespread in the future. The closing of the existing access will return the appearance of the traditional Manx hedge row and ensure one access is provided for the land only. The location of the new 3.6m opening is designed as such to have a minimal impact on the appearance of the surrounding countryside and not to impact the Conservation Verge opposite to warrant a refusal. It is expected that the new access will provide suitable and safe use to its user, machinery and livestock.
7.0 RECOMMENDATION
7.1 For the above reasons the application is considered acceptable and to meet the needs of part (f) of GP3, EP1 and Paragraph 7.8.6 of the Isle of Man Strategic Plan 2016 and is recommended for approval.
8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case Department of Infrastructure Highway Services, and (e) The local authority in whose district the land the subject of the application is situated.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
o The owners of The Old Mill, Ballacorris, Santon, Isle of Man IM4 1HZ.
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.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.07.2017
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 1 month of the completion of the new access hereby approved, the existing access must be closed up in accordance to drawing number 890/002 Rev A date stamped and received 21/04/2017 and in line with the standards for Manx hedges set out in Planning Circular 1/92.
Reason: In the interest of visual amenity.
This approval relates to drawing numbers 890/002 Rev A, 890/003 Rev A date stamped and approved 21st April 2017 and Site Location Plan date stamped and received 21st February 2017.
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 : 10.07.2017 Determining officer
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Signed : S BUTLER
Stephen Butler
Head of Development Management
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