196191

==== PAGE 1 ====

                                      24/00397/B                                     Page  1  of  12

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 24/00397/B Applicant : Ms Julia Vaneslow Proposal Conversion of existing garage to kennels and change of use of part field for dog exercise. Site Address Rose Cottage And Part Field 231758 Barregarrow Kirk Michael Isle Of Man IM6 1AX

Case Officer :

Paul Visigah Photo Taken :

30.04.2024 Site Visit :

30.04.2024 Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 19.03.2025

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. A plan clearly distinguishing the residential curtilage and the associated field shall be submitted within one month of this approval. This boundary should reflect the details outlined in Condition 3 of PA 20/01494/B: The residential curtilage shall extend no further south than the area including the "drive" and the footprints of the two existing buildings as shown on drawing DN/2/20 and may not include the field to the south, which is defined in red on the submitted plans.

Reason: The site is not designated for development, and the expansion of the residential curtilage would represent unauthorized development in the countryside, contrary to Environment Policy 1 of the Strategic Plan.

C 3. The field may only be used as a dog exercising field, together with the existing agricultural use.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and any alternative uses for the field other than the approved use or agricultural use will require further consideration.

C 4. The business use hereby approved is only for the operation of the kennels and associated exercising of dogs and shall be carried out by Ms. Julia Vaneslow and/or staff employed by her,

==== PAGE 2 ====

                                      24/00397/B                                     Page  2  of  12

provided she remains resident at Rose Cottage, Barregarrow, Kirk Michael. Upon the cessation of occupation by Ms. Julia Vaneslow, the use hereby permitted shall cease.

Reason: This permission is granted exceptionally, and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.

C 5. The dogs shall only be allowed to exercise in the field between 0800 - 2100 hours.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and in the interest of the amenities of the residents of neighbouring dwellings.

C 6. The number of kennels within the property shall be limited to four.

Reason: To reduce the potential for noise disturbance from barking and ensure that the operation remains manageable and professional, minimizing the impact on nearby residents.

C 7. The development hereby approved shall not be occupied or operated until the access, visibility splays, internal access road, and vehicle turning and parking areas, have been provided in accordance with the approved plans (Drawing. Nos. 002 Rev F and 003). The designated parking areas shall not be used for any purpose other than the parking associated with the development and main dwelling, and shall remain free of obstruction for such use at all times.

The surfacing of the first 6m of the access from the adopted highway must be in a bound and consolidated surface such that no material is tracked onto the public highway.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

C 8. Access to the kennel facility and existing dwelling shall be from the southernmost access point only. Prior to the kennels being brought into use, the existing access closest to the crossroads shall be closed off with stone walling and new fencing to match existing structures in full accordance with drawing number 302 Rev A and retained as such thereafter.

Reason: To ensure safe access to the site and prevent potential traffic hazards at the crossroads, enhancing overall safety for both residents and visitors.

C 9. The approval does not in any way permit the creation of permanent dog care facilities on the site or the erection of structures on the site.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

C 10. A detailed waste management plan, including provisions for the disposal of dog waste, shall be submitted to and approved in writing by the Department. All waste shall be collected in designated receptacles and removed from the site regularly.

Reason: To prevent any adverse impact on the environment and nearby properties, in accordance with Environment Policy 2.

C 11. No external lighting shall be installed on the site unless a sensitive low-level lighting plan has been submitted to and approved in writing by the Department. The lighting plan must adhere to the best practice guidance detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023). All external lighting shall be installed and operated strictly in accordance with the approved lighting plan.

==== PAGE 3 ====

                                      24/00397/B                                     Page  3  of  12

Reason: To avoid adverse ecological impacts on nocturnal wildlife, particularly bats, and to ensure that external lighting does not negatively affect the surrounding biodiversity.

This application has been recommended for approval for the following reason. While the proposed conversion of the garage to a kennel does not fully comply with Environment Policy 16, particularly regarding the requirement for the building to be of historic, architectural, or social interest, it aligns with broader aims of rural economic diversification. The existing garage is structurally sound and can accommodate the new use without significant alterations, supporting small-scale commercial activity in the countryside. The rural setting is appropriate for the kennel, providing necessary space and isolation to mitigate noise impacts and ensure animal welfare. Measures such as the retention of the mature landscaping on the boundary (as sound buffers) and waste disposal plan address potential noise and environmental concerns, ensuring the development does not adversely affect nearby properties or the countryside setting. The proposal's limited scale means it will not disperse activity in a way that prejudices the vitality of town and village services, offering a growth opportunity for a small rural business. Therefore, despite not meeting all criteria of Environment Policy 16, the proposal aligns with General Policy 3, particularly paragraph (h), by utilizing existing structures and site in a manner that supports the interpretation of the countryside and its wildlife, without adverse impacts on the landscape or wider environment.

Plans/Drawings/Information;

This decision relates to following documents and plans:

o Cover Letter o Planning Statement o Agent Confirmation of Staff numbers o DWG CA-3300-001 Rev D - Location Plan, Site Plan & Existing Visibility Splay o DWG CA-3300-002 Rev F - Location Plan, Proposed Visibility Splay, & Elevations o DWG CA-3300-300 Rev G - Proposed General Arrangement o DWG CA-3300-301 Rev C - Existing General Arrangement o DWG CA-3300-302 Rev A - Existing and proposed fencing alterations to House and Garden Received 16 April 2024; and o DWG CA-3300-003 - Proposed Visibility Splay received 10 March 2025.

__

Interested Person Status

None

__

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1 The site is a parcel of land which sits on the southern side of the Barregarrow crossroads which links the Sartfell/Beinn y Phott Roads with the A3 TT course, and is associated with the residential curtilage of an existing dwelling 'Rose Cottage' which is served by a detached garage as well as a larger open area to the south.

==== PAGE 4 ====

                                      24/00397/B                                     Page  4  of  12

1.2 Access to the property is from two access points on the A3 - one alongside the house and the other via a long drive to another access which is shown on the 2010 Google Streetview as a field access and leading from the field gate across the bottom edge of the field and down a slight slope to the house, although it is now finished and passes through a large area of hardstanding suitable for parking of a number of vehicles.

1.3 The garage has three garage doors and a side pedestrian door together with accommodation in the roofspace served by a gable window on each gable. This space is shown on the plans as existing as storage. The garage sits 4.5m from the side of the main house. It is visible from the Beinn y Phott Road but not prominent.

1.4 There is a small concrete channel which runs parallel with the Beinn y Phott Road within the site which carries a small stream along this boundary.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Conversion of existing garage to kennels and change of use of part field for dog exercise.

2.2 Proposed is the conversion of the building from a garage to kennels would involve alterations to the floor area to create a reception area, kitchenette, dog wash facilities, four internal bay areas, which would be connected to four new outdoor run bay areas that would be created via the creation of fenced enclosures to the side (south) elevation of the garage. On the first floor, the space would be modified to create a private storage space for the main dwelling, a staff break area, and a bathroom.

2.2 The external alterations to the garage would include: 1. Creation of four new dog door openings on the south. 2. Closing up the door opening on the northeast elevation and repositioning the windows on this elevation, as well as replacing the smaller gable window with a larger gable window. 3. Installing two new rooflights on the west elevation, and three new rooflights on the east elevation. 4. Removing the window on the east elevation, closing up the opening, and installing a new patio door on this elevation. 5. Replacing two of the garage doors with new glazed doors without alterations to the size of the openings.

2.3 Additional works would include 1. Approval is also sought for the change of use of part of the field associated with the dwelling but not part of the residential curtilage for dog exercise. 2. Provision of an area of hardstanding which the driveway to the southern access cuts through. This area of hardstanding which measures about 307sqm (including the access which cuts through it) is already insitu but does not benefit from planning approval. AS such, it would be assessed as part of this application.

3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as not for a particular purpose and also within areas of Woodland and High Landscape or Coastal Value and Scenic Significance. The site is broadly not within a registered tree area, although the northwestern boundary of the entire site area sits within a registered tree area. The site is also not prone to flood risks although there is a water course the runs along the north-western boundary of the site.

3.2 National: STRATEGIC PLAN (2016)

==== PAGE 5 ====

                                      24/00397/B                                     Page  5  of  12

3.2.1 There is therefore a presumption against development here, particularly that which would adversely affect the landscape (Environment Policies 1 and 2). Whilst there is provision for the use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use, this requires the building to be converted to be of historic, architectural or social interest which is not the case here.

3.2.2 Other Relevant Strategic Plan Policies: 1. General Policy 3 - Exceptions to development in the countryside. 2. General Policy 2 - General Development Considerations. 3. Environment Policy 1 - Protection of the countryside and inherent ecology. 4. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas. 5. Environment Policy 2 - Protection of Areas of High Landscape or Coastal Value and Scenic Significance. 6. Strategic Policy 1 - Efficient use of land and resources. 7. Strategic Policy 2 - Priority for new development to identified towns and villages. 8. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. 9. Strategic Policy 5 - Design and visual impact. 10. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3. 11. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. 12. Transport Policy 4 - Highway safety. 13. Transport Policy 7 - Parking considerations/standards for development. 14. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation. 15. Environment Policy 4 - Protects biodiversity (including protected species and designated sites). 16. Environment Policy 5 - Mitigation against damage to or loss of habitats

3.3 Area: AREA PLAN FOR THE NORTH AND WEST

3.3.1 It must be noted at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation, and no material weight is given to the Draft Area Plan for the North and West.

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.1.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

4.2 Animal Welfare Act 2023 4.2.1 The Animal Welfare Act 2023 protects the welfare of kept vertebrate animals. 'Vertebrate animals' means animals with a backbone (i.e. fish, amphibians, reptiles, birds and mammals). The Act covers vertebrate animals, other than humans, that are owned or being kept by someone. This includes animals kept for farming, as pets, for leisure, or for any other reason. It does not include wild or feral animals unless someone has taken them into their care.

4.2.2 The supplementary document to the legislation 'Isle of Man Government Code of practice for the welfare of Dogs (April, 2024) states the following: "How to provide for your dog's natural needs

==== PAGE 6 ====

                                      24/00397/B                                     Page  6  of  12

Dogs experience a range of emotions including happiness, anxiety, fearfulness and anger. How they behave and their body language can help you understand what they are feeling and whether they are physically and mentally fit and healthy. All dogs, in particular puppies, need rest. However, individual dogs have different needs and some will sleep for long periods after exercise or food; others will need less rest and will be more active. A dog needs regular exercise and regular opportunities to walk, run, explore, play, sniff and investigate. The amount of exercise a dog needs varies with age, breed and health. Some individuals need a lot of exercise and you should take account of this when choosing a dog. Young dogs may need to have their exercise restricted during periods of rapid growth to avoid developmental problems..."

5.0 PLANNING HISTORY 5.1 The site has been the subject of the following panning applications which are considered relevant in the assessment and determination of the current application: 1. Planning approval was granted by the Planning Committee in March 2021 under PA 20/01494/B for Conversion of detached garage to provide ancillary living accommodation: In recommending approval for this application, the Officer made the following relevant comment: "6.3 The applicants' personal circumstances are such that there is clearly benefit from their son and his partner being able to live on site, both in terms of the applicants' well being and comfort and those of their son and his partner who are currently living in a house which is only partly accessible to him. There is clearly a balance to be struck in weighing the personal benefit to the applicants and their family against the policy presumption against development in undesignated areas.

6.4 There will be no significant impact on the character or appearance of the countryside from the proposed works as those parts of the existing building which are visible are not to be changed in any great way. There may well be additional comings and goings although it could be argued that if the applicants' son is living on site, the trips to and from the site may reduce, not increase, if he is living on site. There is no objection from Highway Services to the proposal so no adverse impact from the additional accommodation being used.

6.5 The nature of the proposals are such that if the ancillary accommodation were no longer needed, the building could be returned to provide some parking at ground floor level with the remainder used as ancillary space as it currently is. This could be required by condition if required." The Officer clearly noted in paragraph 2.5 of the Officer report that the residential curtilage does not extend to all of the area edged red on the submitted location plan. A condition was therefore imposed to ensure there is no extension of the curtilage into the countryside (C3).

The garage was approved under 96/00002/B and altered to provide the additional first floor storage area under 04/01894/B with no additional conditions other than a requirement for the development to be completed within 4 years.

An extension into the rear of the site to provide additional garden space was refused (99/02214/B) for the reason that:

"In so far as can be ascertained from the information provided, the proposed works would have the effect of extending the curtilage of "Rose Cottage" into an open agricultural field which is neither necessary or desirable. The site is within an Area of High Landscape Value and Scenic Significance and the northeastern boundary of the site is an area of Registered Woodland; the level of excavation proposed would be intrusive and have a detrimental effect on the visual amenities of the area particularly when viewed from the B10 Barregarrow to Brandywell road."

Concern was also expressed about the lack of information on the impact on existing trees.

==== PAGE 7 ====

                                      24/00397/B                                     Page  7  of  12

5.1 Whilst not directly related to the site, approval was granted for the construction of dog kennels at the neighbouring site Cronk Aashen (situated about 88m from the application site) under PA 92/01072/B. This was for 20 kennels for Canine Care with an office and store. During the assessment of the application, a representation from Ballacorlett Beg raised concerns about the disposal of effluent from the operation on nearby stream, although they did not object to the proposal. The Planning Officer in recommending approval noted that: "The existing farmyard is away from the public highway and well screened by trees. The siting of the proposed kennels is close to existing farm building and screened from public views. There are few private dwellings in the vicinity to be disturbed by any noise, whilst concluding that the site is quite a good position."

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Statutory Consultations 6.1.1 The Michael District Commissioners have expressed several concerns regarding the application for the following reasons (22.10.24): o The land is not zoned for business or employment use, which is the primary nature of this application. o The car exit onto the A3 has poor visibility on a very dangerous and busy road. o The exit from the B10 is known to be poorly judged by motorists. o Pedestrian access will only be safe onto the B10, but there is no established, safe exit. The old bridge across the Neb does not meet safety standards.

6.1.2 DOI Highway Services have stated that if the amendments are conditioned to be implemented before first use of the proposals, then HDC would not oppose the application. They further request that the first 6m of access from the adopted highway should be conditioned to be hard surfaced with no loose material (bound and consolidated) - 19 March 2025.

6.1.3 DEFA Ecosystem Policy Team did not make any comment as at the time of drafting this report, although they were consulted on 18 April 2024.

6.1.4 DEFA Forestry did not make any comment as at the time of drafting this report, although they were consulted on 18 April 2024.

6.2 No Public Representations received.

7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment and determination of this planning application are: 1. Acceptability of the principle of the proposed conversion and change of use of field; 2. Whether there would be adverse impacts on the landscape; 3. Impact of the proposal on the living conditions of the immediate neighbours; and 4. Impact on Parking and Highway Safety

7.2 Principle of the Development (GP 2, STP 8, Paragraph 9.5.8 and BP 1) 7.2.1 In assessing the acceptability of the principle of the proposed development, it is noted that any assessment would be two-fold, assessing the conversion of the garage to allow for use as a kennel, and the change of use of the adjoining field adjoining the residential curtilage to allow for use for as a field for dog exercise. The site falls outside of a defined settlement boundary within the open countryside and is not designated for development.

7.2.2 Principle of converting the garage to a kennel 7.2.2.1 Policy Compliance and Rural Diversification:

==== PAGE 8 ====

                                      24/00397/B                                     Page  8  of  12

The proposed conversion of the existing garage to a kennel does not align with Environment Policy 16, which supports the conversion of "old and interesting buildings." The existing garage, being a modern structure, does not meet this specific criterion. However, the proposal's intent to diversify rural economic activity is acknowledged, potentially aligning with broader aims of the Isle of Man Strategic Plan (IOMSP), as outlined in paragraph 7.13.2. This paragraph establishes a general presumption against new uses in the countryside that: (a) lack demonstrable local need; (b) materially detract from rural character; (c) necessitate new buildings; or (d) are more appropriately located within designated commercial areas. The assessment must determine if the proposed kennel operation conflicts with these specific criteria.

7.2.2.2 Compatibility with Rural Amenity and Permitted Development Considerations: The principle of locating animal-related services, such as kennels, outside of settlements is often supported due to spatial requirements and potential amenity impacts, particularly noise. This aligns with the practical considerations regarding rural amenity and reflects a pragmatic approach to land use. Furthermore, the Permitted Development (Use Classes) Order acknowledges the potential for certain business operations to operate from residential dwellings, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property. It has generally, also been accepted with similar applications (namely dog kennels) that such facilities should be located outside of settlements and more suited to rural areas, given space available and issues of noise, as with the current case. The proposed kennel, while not explicitly listed, requires consideration regarding its compatibility with the scale and character of permissible home-based businesses.

7.2.2.3 Impact on Town Centre Vitality and Viability: The proposal's potential impact on the vitality and viability of the nearby town centre must be evaluated. While the introduction of a small-scale rural business may appear to conflict with the need to protect the viability and vitality of town centres, the limited scale of employment generation suggests minimal potential for significant diversion of trade from established commercial areas. Moreover, such small rural business may provide a startup location for businesses that may in the future move to a town centre location.

7.2.2.4 Accordingly, whilst the proposed use does not comply with the land use designation, it is considered that the nature of the proposed, the level and scale of built development required to facilitate the development, and the nature of the site area is such that would ensure that the scheme is suited to the countryside location. Moreover, the fact that the scheme does not fully comply with EP 16 is not an automatic reason to refuse the application as further material planning matters as indicated previously (7.1 of report) need to be considered, to determine if the proposed development would be appropriate for the site.

7.2.2 Use of Field for Dog Exercising 7.2.2.1 As noted, the site is not zoned for development and is located in the countryside. Therefore, the main issues with using the field for dog exercise are whether the proposal complies with General Policy 3 and, if not, whether there are any material considerations that would justify departing from the policy, which presumes against development in the countryside.

7.2.2.2 In determining whether to permit the use of the agricultural field as a dog exercise area, there is a need to balance the protection of rural areas for their own sake (EP1) with the importance of the Manx countryside as a recreational asset (GP3). In exceptional cases, the countryside may accommodate low impact uses that allow the public to experience the Island without adversely affecting its character.

==== PAGE 9 ====

                                      24/00397/B                                     Page  9  of  12

7.2.2.3 General Policy 3 outlines exceptions to the presumption against development in the countryside. The relevant section that may support this application is GP3 (h), which deals with buildings or works required for interpreting the countryside, its wildlife, or heritage. In this scheme, no buildings or permanent structures would be introduced on the field, and the applicants have not indicated any plans to do so. Besides, any materials brought to the field to facilitate dog exercising could easily be removed without causing noticeable physical changes to the site.

7.2.2.4 The proposed use would enable significant interaction with the natural environment as dogs exercise on the field, offering opportunities to explore the surroundings. These interactions are not significantly different from hiking and sightseeing, which are key forms of tourism on the island, although in this case, they involve dogs. Additionally, the scheme would provide opportunities for dogs and their carers to better understand and enjoy the countryside.

7.2.2.5 It is also worth noting that the nature of the use requires space and a degree of isolation to ensure the care of the animals and to limit harm to residential amenity. The proposed use would facilitate these conditions, given that the dogs and carers would have access to approximately 4,495.5 sqm (1.11 acres) of field.

7.2.2.6 Based on the foregoing, it is considered that the broad principle of the use is acceptable, and the additional use would not be unsuitable for the site or the wider rural area.

7.3 Impacts on landscape (EP 2 & GP 2) 7.3.1 Regarding landscape impacts, it is not considered that there would be adverse effects. Firstly, the alteration to the garage is of a scale that is not expected to negatively impact the character of the existing garage building or the site as a whole. The garage's position behind the main dwelling and the boundary treatment, which includes mature sodbanks and vegetation, would screen the building from public view. Additionally, the alterations respect the character, form, and appearance of the existing garage building.

7.3.2 Concerning the change of use of the field to a dog exercise area, it is not considered that there would be an adverse impact, as no new structures or buildings would be erected to enable the use. Dogs walking on the field would be visually similar to sheep or goats walking within the field. Furthermore, the fencing of the field and the existing mature landscaping on the site boundary would provide additional screening, ensuring no noticeable change from the current situation. Therefore, it is considered that the provisions of Environment Policy 2 would be met with the current development.

7.4 Impact on neighbours (GP 2 & EP 22) 7.4.1 Environment Policy 22 stipulates that development will not be permitted if it would unacceptably harm the environment and/or the amenity of nearby properties. In this case, noise and dog fouling are likely to be the main concerns, as the other issues identified in EP 22 would not be applicable to the proposal.

7.4.2 Regarding noise generated by the dogs, it is anticipated that this would likely increase within the site area compared to its current use as a field. However, any barking or noise associated with dog exercising would not be unusual or unsuitable for this countryside location, given the prevalence of dog walking/exercising activities in rural areas. While it is noted that a neighbouring residential property (Ballacorlett Beg) is located relatively close to the site on the other side of the B10 road, it is not considered that the impact on their amenity would be demonstrably harmful. This is particularly relevant given that the field would be used intermittently, and the scale of the proposal, despite its commercial nature, is such that it cannot support a significant number of dogs.

7.4.3 In terms of dog fouling, it is noted that agricultural fields are typically associated with animal fouling, as this is common in grazing fields. However, in this case, it is understood that

==== PAGE 10 ====

                                      24/00397/B                                     Page  10  of  12

the fouling would be collected in receptacles and later removed from the site, thereby mitigating any potential negative impact. Additionally, the proposed use of the field for dog exercising could provide a controlled environment where dog fouling is managed more effectively than in open public spaces. This proactive approach to waste management would further ensure that the amenity of nearby properties is preserved.

7.4.5 Overall, it is considered that the proposal would not adversely impact the residential amenity currently enjoyed by the occupants of the neighbouring properties, as required by EP22 of the IOMSP.

7.4.6 The proposed alterations to the garage building is not expected t result in any harm to neighbouring residential amenity due to the existing screening, the proposition of the garage relative to neighbouring properties, and the position of fenestrations.

7.5 Parking/Highway Safety Impacts (GP2, TP 4 & TP 7) 7.5.1 Regarding impacts on highway safety, the scheme includes alterations to the southern access, which would improve visibility from the site and enhance highway safety. The new parking area on-site would provide safe parking and turning areas, ensuring that vehicles of dog owners are not parked along the main road or involved in unsafe turning manoeuvres on the main highway. This would prevent adverse conditions for site users and other road users.

7.5.2 The loss of garage parking spaces is noted. However, the site has sufficient parking provision to ensure that the parking needs of the dwelling and kennel use can be effectively accommodated on-site.

7.5.3 Additionally, the Department of Infrastructure (DOI) Highways has indicated no opposition to the application subject to conditions, which clearly suggests that the scheme is acceptable in terms of highway safety.

7.5.4 In conclusion, the proposed alterations to the southern access and the creation of the parking area are considered to significantly enhance highway safety. The lack of opposition from DOI Highways further supports the acceptability of the scheme. Therefore, it is concluded that the proposal meets the requirements of GP2, TP 4, and TP 7, ensuring safe and efficient access and parking arrangements for the site.

8.0 CONCLUSION 8.1 In conclusion, the proposed conversion of the garage to a kennel and the change of use of the adjoining field for dog exercise are considered acceptable in principle, despite the site not being designated for development. The proposal aligns with broader aims of rural economic diversification and complies with relevant planning policies, including General Policy 3 and Environment Policy 22. The rural setting is appropriate for the kennel due to spatial requirements and noise considerations, and the impact on the nearby town centre is minimal given the small scale of the operation.

8.2 Furthermore, the proposal is not expected to have adverse impacts on the landscape, residential amenity, or highway safety. The alterations to the southern access and the creation of a new parking area enhance highway safety, and the lack of opposition from DOI Highways supports the scheme's acceptability. Overall, the development is considered suitable for the site and the wider rural area, meeting the requirements of GP2, TP 4, and TP 7.

9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material;

==== PAGE 11 ====

                                      24/00397/B                                     Page  11  of  12

(c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : ...Permitted... Committee Meeting Date:...14.04.2025

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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.

PLANNING COMMITTEE DECISION 14.04.2025

Application No. :

24/00397/B Applicant : Ms Julia Vaneslow Proposal : Conversion of existing garage to kennels and change of use of part field for dog exercise. Site Address : Rose Cottage And Part Field 231758 Barregarrow Kirk Michael

==== PAGE 12 ====

                                      24/00397/B                                     Page  12  of  12

Isle Of Man IM6 1AX

Planning Officer : Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee considered the application at its meeting on 14 April 2025 and agreed with the recommendation to approve the application subject to the officer's amendment of conditions 8.

Amended Conditions shall read:

C 8. Access to the kennel facility and existing dwelling shall be from the southernmost access point only. Prior to the kennels being brought into use, the existing access closest to the crossroads shall be closed off. Within 6 months of the kennels being brought into use and the access closest to the crossroads being closed off, the stone walling and new fencing shall be erected in full accordance with drawing number 302 Rev A and retained as such thereafter.

Reason: To ensure safe access to the site and prevent potential traffic hazards at the crossroads, enhancing overall safety for both residents and visitors.