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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/00704/B Applicant : Dawn Worthington Proposal Erection of two no. temporary storage containers (retrospective) for two years Site Address Lambfell Beg Cronk Y Voddy St Johns Isle Of Man IM4 3NS Case Officer :
Russell Williams Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 28.11.2024 Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the conditions
C 1. The use hereby approved shall be for a limited period of 2 years from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued, storage containers removed and the land restored to its former condition in accordance with details that shall first be submitted to and approved in writing by the Department.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.
Reason for approval: Although the application conflicts with General Policy 3, the proposed development will not give rise to any material harm to the character and appearance of the landscape. It is considered that the proposal will not undermine the strategic objectives of Strategic Plan Policies General Policies 2 and 3 or Environment Policies 1 and 2 and that a temporary 2 year permission will support the needs of the applicant and their family whilst ensuring that the containers to be are removed once the temporary need has ceased.
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Interested Person Status None __
Officer’s Report
THE APPLICATION IS REFERRED TO PLANNING AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN
1.0 THE SITE 1.1 The application site is within the curtilage of Lambfell Beg, Cronk Y Voddy, St Johns, German. The site is situated on the western side of the A3 road with the residential curtilage
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having an oblong shape with the dwelling at the northern most boundary, a narrow garden and small parking area to the south which has a detached garage/outbuilding.
1.2 The property benefits from a large parking area served by an access onto the A3 located at the southern end of the site. The applicant also owns the field to the south west of the residential property.
1.3 The site is enclosed by mature, high coniferous hedgerow along the eastern boundary shared with the A3 and domestic planting is also located within and around the site generally.
2.0 THE PROPOSAL 2.1 The application, as amended, seeks permission for the siting of 2 metal storage containers within the curtilage of Lambfell Beg. The containers would be used to store personal belongings of family members who are in the process of acquiring a building plot to move to the Isle of Man.
2.2 The storage containers will measure approximately 6.0m x 2.4m with a height of 2.59m. They are constructed from metal and are coloured dark green.
2.3 Container 1 is located on a grassed area between the access drive and the hedgerow to the eastern boundary, whilst container 2 is located immediately north of an existing stable block on a grassed area; the latter site is on lower ground to container 1 and has hedgerow to the east.
3.0 PLANNING POLICY 3.1 The application site is located within an area identified as being within an area of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order; the site is in open countryside and as such is an area not zoned for development. The site is not within a Conservation Area or a Flood Risk Zone.
3.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 8.12.2 states, "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside."
3.3 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.
General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exception, which do not include the provision of domestic outbuildings.
Environment Policy 1 seeks to prevent development which would adversely affect the site other than in exceptional circumstances.
Environment Policy 2 sets the policy position for protecting Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan It states that "within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or
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(b) the location for the development is essential."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 There are no other legislative or policy considerations relevant to the proposed development.
5.0 PLANNING HISTORY 5.1 PA 02/01334/B sought approval for the erection of a kitchen extension and replacement porch, alterations to the vehicular access and the erection of stables. This application was the subject of a split decision with the access and stables along with the kitchen extension being permitted.
5.2 PA 08/00496/B sought approval for an extension to the side of the dwelling. This was approved.
5.3 08/01049/B sought approval to replace and existing stable building with a garage and home office and was permitted.
5.4 The site is currently subject to the following two applications that are yet to be determined: o PA 24/90981/B - installation of wind turbine and poly tunnel o PA 24/00211/C - Conversion of existing garage office to tourist accommodation (Class 3.6), including new sewer treatment works, external decking and carport
6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: German Commissioners - OBJECTION Five years is not considered temporary, they are out of keeping in the area, and they are unsightly by the road. [Note: No further comments received following re-consultation for an amended 2 year temporary permission]. DOI Highway Services - No interest registered.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT 7.1 The main issues to be considered in the assessment of this application are the impact of the principle of the proposed development and the impact upon the character and appearance of the landscape.
PRINCIPLE OF DEVELOPMENT 7.2 An assessment against relevant planning policies and material considerations is required in order to consider whether the principle of the two temporary storage containers is acceptable. In the case of this application the proposal is for the retention of two modest storage containers at the property; the application has been amended in order to reduce the temporary siting from 5 years to 2 years and this was partially in response to the observations of German Commissioners.
7.3 The site is not zoned for any particular use or purpose and is within the countryside. As such, there is a general presumption against development as set out in General Policy 3 unless one of the exceptions is met.
7.4 General Policy 3 does not permit the erection of domestic outbuildings or similar structures such as the proposed storage containers within the countryside and so the development does not accord with General Policy 3.
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7.5 Additional protection to the countryside is provided by Environment Policy 1. This states 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." Environment Policy 1 therefore establishes that development will not be permitted if it would adversely affect the countryside.
7.6 The proposals do not represent a form of development permitted by General Policy 3 and compliance with Environment Policy 1 is assessed below.
IMPACT UPON LANDSCAPE 7.7 In assessing the impact of the development, consideration has to be given to the scale, siting, appearance and visual prominence of the proposed development. Regarding policy, General Policy 2 (c) states that development will be permitted where it "does not affect adversely the character of the surrounding landscape" and Environment Policy 1 states 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."
7.8 Environment Policy 2 seeks to protect AHLV from harmful development, though two exceptions are provided where development will be permitted.
7.9 It is noted that German Commissioners consider the containers to be out of keeping with the area and unsightly from the road, however, Officers do not agree on this occasion. The application site is heavily screened from the highway by high, dense coniferous hedgerow; container 2 is further screened by tree planting and further hedgerow within the property. The containers are also on land that is at a lower level than the highway, thereby reducing the ability to see the units behind the hedgerows. The effect of the existing screening is to limit views of the containers within the immediate and wider landscape setting and no viewpoints of the containers have been identified from public vantage points.
7.10 Generally the containers sit adjacent to the existing garage and office building and stable block and are well related to existing built form rather than standing out as isolated units in the countryside. The storage containers have been assessed as being relatively inconspicuous in the wider landscape and there is every prospect of this remaining the case in the longer term.
7.11 The proposed development will not harm the landscape character of the area and will be temporary in nature and it therefore complies with Environment Policy 2 (a).
7.12 Despite the proposals conflicting with General Policy 3, it is considered that the development will not give rise to any significant material harm to the landscape character of the area. The development therefore complies with Environment Policies 1 and 2, as it does not adversely affect the countryside or landscape character.
8.0 CONCLUSION 8.1 It has been established that the proposed development would conflict with Strategic Plan Policy 3, in that it is not a form of development that is supports on un-zoned land in the open countryside. As such there is a general principle against granting planning permission unless material considerations indicate otherwise.
8.2 The application makes the case for a temporary 2 year planning permission, which would allow the storage containers to be used by the applicant's family whilst they buy and build their own home on the island. The temporary nature of the development lessens the degree of harm that might be associated with the proposals, due to the lack of permanence.
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8.3 Notwithstanding, the proposed development has been assessed as not giving rise to any significant material harm to the character or appearance of the landscape. The personal needs of the applicant and their family in obtaining temporary storage is acknowledged and providing this within two small, well screened storage containers within the residential property is considered to be a suitable solution. Such personal circumstances and need are considered to comply with Environment Policy 2 (b).
8.4 The imposition of a temporary 2 year permission, secured by condition, will ensure that the development does not result in permanent siting of the containers on the site and, therefore, conflict with General Policy 3 will be temporary only.
8.5 Having regard to the above considerations, it is considered that the proposed development will not give rise to any material harm to the character and appearance of the landscape. It is considered that the proposal will not undermine the strategic objectives of Strategic Plan Policies General Policies 2 and 3 or Environment Policies 1 and 2. For the reasons set out it is therefore recommended that the proposed development be permitted subject to conditions as set out within the report.
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; (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 above 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 : ...Refused... Committee Meeting Date:...09.12.2024
Signed :...R WILLIAMS... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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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.
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PLANNING COMMITTEE DECISION 09.12.2024
Application No. :
24/00704/B Applicant : Dawn Worthington Proposal : Erection of two no. temporary storage containers (retrospective) for two years Site Address : Lambfell Beg Cronk Y Voddy St Johns Isle Of Man IM4 3NS
Planning Officer : Russell Williams Presenting Officer As above
Addendum to the Officer’s Report
The Case Officer presented their report at Planning Committee where the members declined the recommendation of the Case Officer and determined to refuse the application.
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