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25/90243/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90243/B Applicant : Mr Adam Cooke Proposal : Alterations to existing field gates at field 435182 Douglas Road and field 432808 Church Bends Site Address : Billown Farm Douglas Road Ballasalla Isle Of Man IM9 3DN
Planning Officer: Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.05.2025 __
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.
This application has been recommended for approval for the following reason. It is concluded that the planning application would be in accordance with the General Policy 3, Environmental Policy 1 and Transport Policy 4.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 5th March 2025: o Drawing No.1 o Drawing No.2 o Drawing No.3 o Drawing No.4 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Malew Commissioners - No Objection __
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25/90243/B
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Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the curtilage of two fields' no. 435182 and field no. 432808. Field no. 435182 is South of Douglas Road and currently has two entrances into the field, one gated entrance and one pedestrian access. Field No. 432808 is West of Church Bends and currently has one gated access situated within it.
THE PROPOSAL 2.1 The current planning application seeks approval for the alteration of the gated entrance within field no. 435182 and the gated entrance to field no. 432808.
2.2 The proposal for Field No. 435182, is to move the existing access 6m back from its existing position and widen the entry to approximately 8.5m wide. The proposal includes post and wire fencing to create a vehicle waiting area, which is to have a new proposed 1.2m high metal field gate, measuring 4.5m to separate it from the main road. The vehicle waiting area is to be finished in a consolidated and bound surface.
2.3 The proposal for Field No. 432808, is to move the existing access 4.3m away from the boundary and 6m away from the existing low level road kerb, from its existing position and widen the entry to approximately 8.5m wide/ The proposal includes post and wire fencing to create a vehicle waiting area, which is to have a new proposed 1.2m high metal field gate, measuring 4.5m to separate it from the main road. The vehicle waiting area is to be finished in a consolidated and bound surface.
2.4 The covering letter states the following for the requirement of new accesses, "The gate improvements have been requested, by the Tenant Farmer, to assist with vehicle access and management/ operations carried out at the farm."
PLANNING HISTORY 3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
PLANNING POLICY 4.1 The site lies within an area zoned as a "not for development" on the Area Plan for the South. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance.
4.2 In terms of the Isle of Man Strategic Plan 2016, General Policy 3, part (f) which states, "Building and engineering operations which are essential for the conduct of agriculture or forestry, Environment Policy 1 which seeks that the countryside and its ecology is protected for its own sake and Transport Policy 4 which seeks that any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
REPRESENTATIONS 5.1 The following representations can be found online in full, below is a short summery;
5.2 Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposals are an improvement to the existing situation for agricultural access vehicles. A S109 highway agreement will be required for the extended dropped kerb footway vehicular access. (20.03.25)
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25/90243/B
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5.3 Malew Parish Commissioners have considered the proposal and have no objection. (09.05.25)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2.1 When looking at whether the principle of the proposal would be acceptable, it is noted that the proposal is not increasing the amount of entrances into the proposed fields, only increasing the widths and size of the existing entrances. The site lines show that the ingress and egress of the existing can be improved for highway safety. As such with this in mind the proposal would clearly have a benefit to the future agricultural use of the fields, which is in accordance with General Policy 3f and Environment Policy 1.
6.3 CHARACTER AND APPEARANCE 6.3.1 Due to the increased size of the entrances and the proposed consolidated vehicle waiting area, there will inevitably be an effect on the appearance of the area. However given that the agricultural benefit from the works together with their scale in the overall streetscene, it is considered that there would be minimal impact upon the character and appearance of the countryside and the proposal is deemed acceptable from a character and appearance point of view.
6.4 HIGHWAY IMPACT 6.4.1 Turning towards whether the proposal will have an impact on highway safety, noting the comments from the Highway department are heavily relied on. Overall Highway Services state the proposal does not raise any significant road safety or highway network efficiency issues. Whilst this is the case a condition should be attached to state that the works must be done in accordance with the drawings received.
CONCLUSION 7.1 For the above reasons the application is recommended for approval as it is concluded that the planning application would be in accordance with the General Policy 3, Environmental Policy 1 and Transport Policy 4 with conditions regarding the materials used, the landscaping proposed and the drainage.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant);
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25/90243/B
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o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 20.05.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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