Peace House Owners Supporting Statement

Dear Planning Department, Below are my final representations relating to the current planning application you are dealing with relating to proposed new access off Lhoobs Rd, Foxdale to an existing barn, application PA25/90702/B. It is broken down into the following aspects:

• 1) Use of existing access to a public road.
• 2) Proof of need of a track and access to public road from existing barn.
• 3) Offer description to mitigate impact of proposed track and access to public road from existing barn.
• 4) Associated sketch of mitigation.

• 1 – Use of existing access track to public road from the existing barn

Since the last time of speaking to the planning officer, we have again contacted the leaseholder of the builder’s yard known as Peace Stables regarding the use of the existing access track and public road access (please find attached) As you will read, they have refused point blank to allow access via the existing to the barn in question.

Their lease has been in place since 2024 and runs through until 2029. Under this lease there is no provision for a right of way or easement.

This means I have no legal control over the existing access track as that is within the leaseholders jurisdiction and this as known leads to the public road. As such it is currently not possible for me to gain access to the other barn in my ownership/use.

Refusing planning permission on the basis of there already being an alternative access that is not legally available to me is not possible.

It is held on a separate lease and the lease holder as per the attached letter does not give consent.

Therefore, the proposed option of using the existing access and attempting to access across the field cannot be deliverable, within my control or legally achievable.

The area covered by the lease is currently in the process of having a certificate of lawfulness application put in to regularise for it following the enforcement department undertaking an assessment. This assessment followed on from correspondence and a site visit by the enforcement officer. The outcome via formal letter from the enforcement department confirmed that it is not enforceable but immune from it.

• 2 – Proof of need for a track & public road access from agricultural barn to a public road.

• A) I need to be able to move (safely) my tractor, my trailer and other agricultural machinery between the barn and fields via a public road without any damage to fields, crops and land in general. At present, I cannot do this.
• B) The barn will be used to store essential farming tools & equipment that must be transported regularly around all my fields and to other locations on public roads.
• C) My logs and timber (not a commercial venture for clarity but five houses) will need to be transported to location that I need a public road for and access onto from the barn.

• D) Without direct/efficient access to/from the barn, every trip and every job undertaken would not only be impractical and operations inefficient, but it is also clear they would be impossible.
• E) I need to be able to access my other agricultural structures in a manner that allows for ongoing maintenance. This would not be achievable without public road access.
• F) The proposed access is not a convenience or luxury, it is an absolutely essential for the day to day operation of my land. Without it, it simply cannot function for its intended purpose.
• G) Tractors/Trailers and other equipment cannot be moved safely or legally over the farmland without a proper track. Laden agrictutural equipment cannot cross a soft field without risks and without causing detrimental and permanent damage to the land. I cannot as it stands enter or exit the site to another destination.
• H) I currently have approximately 1500 trees to the West area of my land near the reservoir. These trees are overrunning one another and it would be prudent to fell many of these to improve the site and remaining trees. I intend to go down this route and gain the required licences. I will need support for this land management including transportation. How would this be possible manually without machinery accessible to the site and barn.
• I) The barn the proposed access is to is lawful and is an agricultural building. Planning law recognises that lawful buildings must require some form of access in order to fulfil their function.

Denying me legal vehicular or pedestrian access via a valid planning application is preventing me from using the barn and the land. It is deemed to be unreasonable and unjust as there is no other option. This access and track are a functional necessity for the agricultural use and I cannot operate without it.

3 – This is a list of ways we are prepared to compromise on the current proposal to mitigate as far as humanly possible to be allowed to use the agricultural barn and land.

• A) All these amendments and omissions with respect to the track, have been done following discussion and agreement with Richard Webster of the Highways Department.
• B) Below is a description of the proposed reduction in hard surface of the track and access is from 159m2 to 63.5m2. This means the original scheme was 152% bigger than this new mitigation scheme proposed here.
• C) After the first 5 metres from the public road, we now propose 2No 1m wide tracks (grasscrete or similar cellular system) with a natural 1m wide grass strip between. This would minimise the track impact on the land and also by using a cellular system, allow for the aesthetic to be more in keeping via allowing grass to grow within the system. The track once established, would barely be seen but would create the required vehicular function.
• D) No hard edges or subbases proposed/required past the first 5 metres from the public road.
• E) Omit the turning circle from the proposal.
• F) Plant a native hedgerow both sides of the access tightly up to the track. Once established this would tie into the existing sod banking and hide the site more from the highway. It will also increase the natural habitat and increase bio diversity.

• G) Plant some native tree species around the immediate area between the barn and public road to minimise the public view of the barn. It will also increase the natural habitat and increase bio diversity.
• H) Omit the two gates and associated fencing from the proposal.
• I) Agree to a condition that only agricultural traffic allowed to use access.
• J) Create and agree a planting scheme that would minimise any visual impact but maintain the rural character.
• K) Sod walls will be beautifully and accurately rebuilt.
• L) The first 5m from the public road would be compacted and bound stone that would be local and virgin from the local quarry.
• M) To undertake in writing to maintain access track such that it never gets any wider than the proposed 3 metres and is the only way any of my machinery will travel to and from the public road.
• N) With all the above, we would say the impact of this new access and track is minimal and would not be detrimental and alongside the proposed planting scheme would be barely visible including the barn from the public highway.