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16/01011/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01011/B Applicant : Mr Jason Elliott Proposal : Creation of a field access Site Address : Field 514250 Mullinaragher Road Santon Isle Of Man
Case Officer : Miss Lucy Kinrade Photo Taken : 22.12.2016 Site Visit : 22.09.2016 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The small rectangular application site sits within a larger parcel of land defined by the boundaries of Field 514250. To the north east of the field is adjoining field 510279 which is also part of the larger land holding within this application and owned by the applicant, this is shown edged blue on the submitted plans. Both fields combined create a long site which unusually narrows in the centre where the two meet. The entire land covers approx. 14 acres and bounds the northern side of the Mullinaragher Road between the junction with Ballacorris Road and the access of Ballacorris Farm and The Old Mill.
1.2 The topography of the land from within the curtilage of the site is as such that the land gradually inclines the further north-east you travel between the two fields, with south-westerly field 514250 (where the rectangular application site is) sitting at a slightly lower level than the northern- easterly field 510279.
1.3 The Mullinaragher Road is clearly lined by mature Manx sod banks, hedges and vegetation along both sides of the road. This theme continues within most of the surrounding landscape. On the adjacent side of the road to the application site lies an existing stretch of verge which 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 of field 514247.
1.4 The land has a number of existing farm gated accesses on the site, one at the southernmost corner of the land joining with the junction and access into Ballacorris Farm which provides direct access into the southern part of the land within field 514250, another one at the north-eastern corner of the site adjacent to the junction with Ballacorris Road which provides access into the northern part of the land within field 510279 and a third access which is located part way along the Mullinaragher Road just south of the boundary between both fields where the site narrows. Each of the accesses consists of one single access gate (large enough for a farm tractor to use) with a supporting gate post either side.
1.5 The rectangular site edged in red on the submitted plans sits on the longest edge of the land bounding the Mullinaragher Road and adjacent the Conservation Verge and towards the southern area of the land within field 514250.
1.6 Given its rural countryside location there are only a few isolated houses in the nearby area, as well as a nearby clay pigeon shooting range and the historic site of Broogh Fort to the north.
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2.0 THE PROPOSAL 2.1 The application seeks full planning approval for the creation of a new additional field access into the southern field 514250 from the Mullinaragher Road.
2.2 Proposed is the removal of approx. 6m of the existing sod bank and hedge row and the installation of a new 3.6m wide timber field gate.
2.3 The gate is to be recessed 6m from the edge of the main Mullinaragher highway, proposed either side of the gate is a section of timber fencing which follows the access inwards from the main road to the proposed gate. This fencing is to be 1.2m high with horizontal spaces between the timbers.
2.4 The remaining hedge either side of the access is proposed to be trimmed to a height of 1.05m to allow a visibility of 70m in either direction from 2.4m setback from the edge of the highway.
2.5 There are no changes proposed to the existing gated accesses.
3.0 PLANNING HISTORY 3.1 The land has been subject to one recent planning application 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. The original drawings for the application proposed the stables along the north-east boundary of the site and the 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.
3.2 As such the siting of the stables was relocated further south within the site and towards the middle of the south-east boundary of the Mullinaragher Road, the proposal now sought approval for a new access and stables from the Mullinaragher Road.
3.3 The application was approved by the Department but recommended for refusal at appeal by an independent inspector and refused by the Minister.
3.4 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"
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, Environment Policy 1, Paragraph 7.8.6 and Environment Policy 4 of the Isle of Man Strategic Plan 2016.
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: (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, historic, or social value and interest; (Housing Policy 11);
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(c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."
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: o the proposed development will not compromise the conservation objectives of the site or unacceptably harm its conservation value and its overall integrity; o there is proven public interest where safety or exceptional social or economic considerations outweigh the ecological importance of the site; and o the need for the development cannot be met in other less ecologically damaging locations or by reasonable alternative means."
4.5 Environment Policy 4:
"Development will not be permitted which would adversely affect: (a) species and habitats of international importance:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
5.0 REPRESENTATIONS
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5.1 The Department of Infrastructure have indicated that they do not oppose the current application stating the following comments: "The proposal is for a new field gate on Mullinaragher Road. The gate is set back from the highway to prevent vehicles causing an obstruction and adequate visibility is provided. Highway Services does not oppose this application." (29/09/2016).
5.2 Santon Commissioners in the first instance raised queries with regard to the land ownership and application forms which was rectified by the submission of an amended application form correcting a typographical error (09/09/2016).
5.3 Following the submission of an additional drawings and information showing the elevations of the proposed access the Commissioners noted that at present there is no real need for an additional access unless the land were to be sold in three separate parts and that the application has to be considered on the basis of its presents status as the field being used as a whole entity (14/12/2016).
5.4 Although providing comments on the application Santon Commissioners have neither stated whether they are in support of or object to the current application.
5.5 The owner of The Old Mill, Ballacorris, Santon which is located roughly 150m west of the application site (but the access to which immediately abuts the south boundary of the land edged blue and joining with the southern access point into the applicant field) submitted an objection to the current applicant on 02/10/2016 commenting that there had been no yellow notice on display for the application for the 21 day period required and that an access had already been created by the applicant prior to full approval being granted.
5.6 The applicant responded to the comments raised on 02/10/2016 in a letter dated 15/10/2016 where he stated that the yellow noticed had been displayed and that no new entrances or access had been created.
5.7 The owner of The Old Mill provided a second comment on 06/11/2016 reiterating that the applicant had created a new access and requested that the Department review this development by assessing Google images.
5.8 On 09/12/2016 the Owner of the Old Mill submitted a third comment making reference to the correspondence accompanying additional plans where the agent noted the use of the site and reasons for the additional access. The Owner of The Old Mill stated again that the reason for the access might be that it is "currently for sale in a number of individual "parcels of land"..." and that the sale of the site in this manner would not reduce access usage but would increase the usage.
6.0 ASSESSMENT 6.1 The current planning application seeks full approval for the creation of a new vehicle access from Mullinaragher Road into field 514250 which forms part of a larger site. The fundamental issues to consider in the assessment of this application are whether or not the development of a new access has an overriding national need for which no alternatives can be sought, whether the proposal impacts the characteristics of the local rural countryside and whether the proposal is considered to protect the designated Conservation Verge opposite the proposed location for the new access.
6.2 As explained by the agent in a covering letter dated 3/11/2016 the proposed access is located centrally in the widest part of the site to allow access in to field 514250 as the existing cross fall within the site where the land narrows makes it difficult and dangerous for machinery and livestock to move through the site especially when wet and slippery. On conducting two site visits and experiencing the site from both the road aspect and from within the site it is considered that the cross fall between the site is not to an extent which would warrant a new access and that there were vehicle tracks clearly visible running between the two fields at the narrowest point.
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6.3 The topography of the land is as such that there is a steady rise from the south to the north side of the site: over the entire 650m stretch the land increases by approx. 35m which equated to roughly 1m in 17m. This evidence is supported in the site survey measurements on the application drawing and cross referenced with the site survey measurements from previous planning application PA 15/01373/B submitted by the same agent for the same site for the erection of a stable block.
6.4 The applicant has reinstated a disused access on the Mullinaragher Road at a section where the two fields meet, this is the access referenced in the objections by the owner of The Old Mill, the reinstating of which is not necessarily controlled by the need for a planning application. This is the land that was previously described by the agent as being the most dangerous when wet and slippery. The fact that an access has been re-introduced here would perhaps suggest that the area of field which this access serves is not so difficult to use as suggested.
6.5 Within the extents of the existing land are three access, one to the most northern extent serving the top section of the land and one to the most southern extent providing access into the bottom section of the land and most recently the reinstating of a centrally located access where the site narrows in the middle. The development and erection of a forth access in this instance to serve the site is not considered necessary or a national need in accordance to part (g) of GP3, and that there is already suitable and existing accesses on the site which can be utilised to serve the entire land.
6.6 In some circumstances the closing up of existing and unsuitable accesses makes way for a new and more appropriate access which improves highway safety. In this instance the agent confirmed that the proposal did not include the closing off of any of the existing accesses, the need for 4 accesses into one piece of land is this instance is not considered necessary.
6.7 Proposed for the new access was the removal of 6m of the Manx hedge row which lines the Mullinaragher Road. In an appeal statement for the application PA 15/01373/B the inspector recommended that the appeal be allowed and the application refused, within the statement he made specific reference to the erection of the stable block requiring the removal of part of the existing Manx hedge in order to provide access to the site. In this instance it is also considered that the removal of a large section of the existing Manx hedge be detrimental street scene of Mullinaragher Road and similarly detrimental to character of the local area and the visual appearance of the landscape, thus contrary to EP1 where is states that the countryside must be protected for its own sake.
6.8 In addition to protecting the countryside, which must also seek to protect local wildlife and proposed or designated areas of importance and value. In terms of this application it is considered that any proposed developments along the Mullinaragher Road and the onset usage of such developments may disregard Paragraph 7.8.6 of the IOM Strategic Plan 2016 and compromise the Conservation Verge or harm its overall integrity.
6.9 Overall it is considered that there is no necessity for the proposal which outweighs the general conditions set out in the policies from the IOM Strategic Plan 2016 and that the size and design of the proposed access including its recessing from the main highway and surrounding fencing results in an access which compromises the beauty of the traditional Manx hedge rows and surrounding verges and harms the rural characteristics of the local landscape. In comparison to existing accesses the new access would be much larger and over developed and that there are existing accesses already used within the site which offer and provide suitable access to all parts which are not considered to adversely impact the safety of its user or livestock.
7.0 RECOMMENDATION 7.1 The application not considered to meet the key tests of part (g) GP3, EP1 and Paragraph 7.8.6 of the Isle of Man Strategic Plan 2016 and is recommended for refusal.
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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: (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:
Refused Date of Recommendation: 18.01.2017
R 1. In terms of its layout, scale, form and design the proposed access fails to respect the site and the surrounding area. The proposed access has an adverse visual impact on the character of the rural landscape and harms the beauty of the traditional Manx hedge rows of Mullinaragher Road and impacts the neighbouring Conservation Verge contrary to Environment Policy 1 of the Isle of Man Strategic Plan 2016.
R 2. Access is available to the site utilising the three existing accesses, the need for the proposed access in this instance does not outweigh the general conditions as set out in General Policy 3 or Environment Policy 1 of the Isle of Man Strategic Plan 2016.
This refusal relates to drawing number 875/001 and associated photographs date stamped and received 19th August 2016, and drawing number 875/001 Rev A and covering letter date stamped and received 3rd November 2016. This refusal also relates to an additional site location plan showing existing accesses and the associated email correspondence date stamped and received 7th December 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused
Date: 23.01.2017
Determining officer
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Signed : S CORLETT Sarah Corlett
Senior Planning Officer
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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