Planning Justification Statement

Please note the following information and observations. (reference Q. 20 on the "Application for Planning Approval" form)

1. You will see from the "Site Location Plans" (Ref. No: 1), enclosed with this application, the position of Field No. 230253 and its relationship to the additional land which we own. This land incorporates "Right of Way (ROW) 608.

1. The Kissing-gate access for ROW 608, from the Orrisdale road into Field No. 230253, is adjacent to the existing field-gate. The ROW follows the field perimeter to the second Kissing-gate access at the "Cloudy Lane" end. This ROW is shown correctly on the "Definitive Map", not as it is indicated on the "Site Location Plans", and since buying the property in August 2010 we have improved the proper ROW ourselves.

Unfortunately, as we have noted, some members of the general public abuse their ROW which, in law, allows for pedestrians to pass and re-pass on foot only. We have had cyclists who have opened the field-gate to take their bicycles through and on occasions have seen pedestrians using the field-gate for access instead of the narrower Kissing-gate provided for them, sometimes leaving the gate open. In addition, dogs are frequently "exercised" in the field.

1. The route from the present gate down to our stables in Field No. 230253 is across land which, down at the level of the stables, is usually waterlogged or flooded. The high ground, adjacent to the present gate and parallel to the road, is always spongy and even light vehicles leave tracks. Any heavier vehicles trying to gain access to the stables would effectively ruin the field and undoubtedly become bogged down in the process.

1. To gain access to Field No. 230253, from our land to the west of the Orrisdale road, using the lane which incorporates ROW 608 on that west side, vehicles have to make two right-angled manoeuvres in quick succession. These are difficult to achieve if the vehicle is of any length and involve undesirable intrusion onto the verges.

1. We should use the spoil released from the new field-gate opening to reinstate the sod-bank in the space created by the removal of the existing field-gate. This change may also provide the Authorities the opportunity to improve and maintain the public ROW and the Kissing-gates.

We consider that the advantages gained by making this change are:

a) it would take the field-gate away from the public ROW and remove temptation for abuse;

b) it would create a safer, short and direct access route across the Orrisdale road at a high visibility point in both directions;

c) it would give better access straight down to our stables, on firm ground adjacent to the sod-bank/gorse hedge on that side of the field, without severely damaging the field surface in general; and

d) that as we shall want to run livestock in Field No. 230253 (we currently have sheep in other fields) the change of field-gate position would give us the protection which we shall require from the public and with the correct stock-proof fence in place would also afford protection to the public.

PTO/Page 2.

P.2

The "Site Location Plans" (Ref. No. 1) include Field No. 23053 (outlined in red): the field in which the field-gate change is requested.

The east - west line drawn between the two Kissing-gates is incorrect. The "Raad Ny Foillan" coastal footpath is a name only and not a separate footpath. The Cartographer and ROW Officer were informed in 2010 so that the error could be rectified.