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Planning and Building Control Directorate Department of Environment Food and Agriculture First Floor Murray House Mount Havelock Douglas Isle of Man IM1 2SF
Our ref: NIC7-4/MSH/AMB Your ref:
Date: 13 August 2018
Dear Sirs
Re: Planning Application 18/00766/B ("the Application") Field 114116 West Kimmeragh Road Bride Isle of Man Erection of an agricultural storage unit
We are instructed by the owner of Thurot Cottage, Thurot Cottage Road, Bride to object to the development proposals contained in the Application.
In the Strategic Plan 2016 ("Strategic Plan"), General Policy 3 provides that,
> "Development will not be permitted outside of those areas which are zoned for development on the appropriate area plan with the exception of: > > (f) building and engineering operations which are essential for the conduct of agriculture or forestry"
The 1982 Development Plan provides that the site is outside the area zoned for development. The Application would therefore be looking to rely on the exception of paragraph (f) of General Policy 3 of the Strategic Plan, that the agricultural storage unit would be essential for the conduct of agriculture.
However, the storage unit is not agricultural in appearance, it is akin to a caravan or a mobile home with narrow doors and is on wheels suggesting that it is not suitable or necessary for agriculture. A similar (if not the same) structure to this unit and an additional caravan was used in 2014 for lifestyle purposes until enforcement action was taken. The land has previously been kept as grass and only occasionally used for the grazing of cattle and sheep. Therefore an agricultural storage unit would not seem to be justified for the current use of the land.
If the site was able to fall within the exception under General Policy 3 (f) it would be contrary to General Policy 2 of the Strategic Plan in so far as:-
Environmental Policy 1 of the Strategic Plan provides that,
"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."
The poor appearance and lack of functionality of the storage unit and its temporary nature does not suggest it will assist in the preservation of the rural character of the countryside.
Environmental Policy 15 of the Strategic Plan provides that,
"Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.
Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
The storage unit is not constructed of materials which are sympathetic to the landscape and the nature of the unit is not appropriate for the intended use of agricultural storage due to the elevation of the unit off the floor and having very small doorways to enter.
The unit would have an adverse effect on the countryside surroundings that would result in an oppressive living environment for our client therefore demonstrating a loss of outlook and an adverse visual impact.
Additionally, the positioning of the unit on the site would overlook our client's property and garden. The unit has three windows on the rear side which is facing our client's property and would impact on their privacy. Although there are trees on the images attached to the Application, there is a break in the trees which would allow overlooking from the rear windows of the unit.
The Application lacks detail and is incomplete. The Application also states the wrong field number 114116 when the unit is located in field number 114157.
In conclusion, the Application is contrary to a number of policies in the Strategic Plan and the applicant has failed to complete the Application to the standard required.
Yours faithfully
LONG & HUMPHREY Email: [email protected] or [email protected]
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