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Government Bailly: Ellen Vannin
Wendy Shearman Cronk Aashen Farm Barregarrow Kirk Michael Isle Of Man IM6 1HQ
In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by Wendy Shearman, ref 13/00496/C, for the Siting of a static caravan (Retrospective) at Field 234211 Cronk Aashen Farm Barregarrow Kirk Michael Isle Of Man IM6 1HQ for the following reason(s):
Date of Issue: 18th June 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00496/C
| Application No. : | 13 / 00496 / \mathrm{C} | | :-- | :-- | | Applicant : | Wendy Shearman | | Proposal : | Siting of a static caravan (Retrospective) | | Site Address : | Field 234211 | | | Cronk Aashen Farm | | | Barregarrow | | | Kirk Michael | | | Isle Of Man | | | IM6 1HQ |
Case Officer : Miss Laura Davy Photo Taken : Site Visit : Expected Decision Level : Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER.
1.1 The application site is the curtilage of Field 234211, Cronk Aashen Farm, Barregarrow, Kirk Michael. The field is within the ownership of Cronk Aashen Farm and is adjacent to the main group of farm buildings. Cronk Aashen Farm is accessed from a farm track which is accessed off the B10 which leads to the Mountain Road. The B10 is off the A3 Main Road, the road rises upwards away from the A3 in a south easterly direction. The track which accesses the farm has a number of mature trees and screens the site fairly well from the main public thoroughfares. The part of the field relevant to this application is adjacent to the main farmhouse. 1.2 Cronk Aashen has a number of fields which are used as a campsite; the use of the site for tented camping has become lawful over time. 1.3 There has been significant terracing of the land within the field which does not benefit from planning permission but is being dealt with under a separate application.
2.1 The application seeks approval for the siting of a static caravan on the land adjacent to the farmhouse. 2.2 The structure would measure approximately 11.5 \mathrm{~m} \times 3.7 \mathrm{~m} and would be 2.5 m in height. The static caravan would be connected to the existing septic tank.
3.1 The following previous applications are considered to be relevant in the assessment of the current application:
PA 90/00118/B Conversion of outbuilding into dwelling - permitted PA 90/01083/B Conversion of outbuilding into dwelling - permitted
PA 92/01072/B Construction of dog kennels - permitted PA 98/01202/B Erection of replacement agricultural building - permitted PA 02/00642/B Alterations and extensions to convert barn into two holiday accommodation units - permitted
PA 07/02271/B Alterations and erection of an extension - permitted
4.1 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan (20th June 2007).
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) Essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); b) Conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); c) Previously developed land { }^{1} which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); e) Location-dependant development in connection with the working of minerals or the provision of necessary services; f) Building and engineering operations which are essential for the conduct of agriculture or forestry; g) Development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and h) Buildings or works required for interpretation of the countryside, its wildlife or heritage.
The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding 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.
The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. 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 b) The location for the development is essential.
5.1 Highways Division note that it has no traffic impact 5.2 Michael Commissioners have no objections to the siting of the static caravan, as long as this is only a temporary measure while the renovations of the property are completed. 5.3 The owner/occupier of Glebe Cottage objects to the application. They note that there are a number of previous applications and it presents a big issue. They note that historically caravans were not allowed on the island, but this has since been relaxed and they can be seen creeping-in. They feel that there should be a policy on caravans. If this were to be approved they feel that it would set a precedent. 5.4 The owner/occupier of 16 The Meadows, Kirk Michael objects to the proposal. In summary, they have concerns that the approval of this application would set a precedent. By approving mobile homes in the Manx countryside it would be detrimental to the Island in all respects. They note that the system for controlling caravans/mobile homes has not worked and therefore it has resulted in the need for planning permission. They urge the Committee to refuse the application.
6.1 The application seeks approval for the siting of a static caravan on part of the agricultural field. The main issues to consider in the assessment of the application are the land use, impact upon the countryside and impact upon the amenities of the occupiers of the caravan and the impact upon the amenities of the adjacent property. 6.2 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance and therefore is not zoned for development. There is a presumption against development in the countryside, there are some exceptions to this which are set out in General Policy 3, and the development proposed under this application would not meet any of the exceptions set out under this policy. 6.3 There are a number of fields belonging to Cronk Aashen which are used as part of the campsite; the applicant has indicated that the field which is part of this application is used for agriculture and camping. From our records it would appear that this field does not have planning permission to be used as part of the campsite and therefore still has an agricultural use. 6.4 Whilst the applicant has indicated that the static caravan would be a temporary measure it would result in a structure in the countryside which would be for residential use. This would change the use of the land from agricultural to residential which would not be in accordance with the land use zoning and would be contrary to the policies aimed at protecting the countryside. 6.5 In this instance the siting of the static caravan would be for a temporary approval, and whilst it could be argued that on its own as an individual case the impact may be limited; if the principle of static caravans in the countryside was accepted the visual impact upon the countryside would be detrimental. 6.6 In terms of siting, the static caravan is situated fairly close to the existing building group; however, its size, design and use of materials result in the caravan appearing as a reasonable sized dwelling within the agricultural field. 6.7 Whilst this part of the field is fairly well screened from the main public thoroughfare, the impact on the countryside is not limited to public viewpoints. It is considered that the siting of the static caravan would result in an unacceptable intrusion in to the countryside which would affect the open character of the agricultural field.
6.8 Given the size, design, use of materials and appearance of the caravan it does appear as a dwelling. By approving such a structure it would alter the character and appearance of the area in general and would result in an urban intrusion into the countryside. 6.9 The static caravan would be sited adjacent to the main farmhouse all of which is within the same ownership. The distance from other neighbouring properties is significant and therefore the proposal is unlikely to have an adverse impact upon the amenities of the neighbouring properties. 6.10 The siting of the caravan has resulted in the owner/occupiers car being parked within the field, whilst there is no designated parking or garden area the siting of such a structure does result in domestic paraphernalia being within the countryside. 6.11 For the above reasons the application is considered to be unacceptable and is recommended for refusal.
7.1 The local authority, Michael Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 7.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. 7.3 The owner/occupier of Glebe Cottage, Maughold is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status. 7.4 The owner/occupier of 16 The Meadows, Kirk Michael is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.
Recommended Decision: Refused
Date of 29.05.2013
Recommendation:
The proposed development represents unwarranted development that is contrary to the land use designation under the Isle of Man 1982 Order. The application would result in development on land which is not zoned for development and would effectively extend built development
into the countryside which would be contrary to Environment Policy 1, Environment Policy 2 and General Policy 3 of the Isle of Man Strategic Plan.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : .............................................. Committee Meeting Date : 17/06/13
Signed : .............................................. Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
into the countryside which would be contrary to Environment Policy 1, Environment Policy 2 and General Policy 3 of the Isle of Man Strategic Plan.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : \qquad Signed : \qquad Presenting Officer Committee Meeting Date :
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
PA13/00496/C Wendy Shearman Siting of a static caravan (Retrospective), Field 234211 Cronk Aashen Farm Barregarrow Kirk Michael Isle Of Man IM6 1HQ Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 29.04.2013, includes;
Dev Control Polygons: Reference Number: 92/01072/B Status: Permitted Proposal: Construction of dog kennels, Cronk Aashen, Barregarrow, Michael. Reference Number: 98/01202/B Status: Permitted Proposal: Erection of replacement agricultural building, Cronk Aashen Farm, Barregarrow, Michael. Reference Number: 90/00118/B Status: Permitted Proposal: Conversion of farm outbuilding into dwelling, Cronk Ashen Farm, Barregarrow, Michael. Reference Number: 07/02271/B Status: Permitted Proposal: Alterations and erection of an extension Reference Number: 05/01745/A Status: Refused on Review Proposal: Approval in principle to erect two holiday chalets Reference Number: 90/01083/B Status: Permitted Proposal: Conversion of outbuilding into dwelling, Cronk Ashen Farm, Kirk Michael. Reference Number: 13/00496/C Status: Insufficient Fee Proposal: Siting of a static caravan (Retrospective) Reference Number: 02/00642/B Status: Permitted Proposal: Alterations and extensions to convert barn into two holiday accommodation units
BC Case Polygon: Reference Number: 11/07218/DEX BC Case Status: Building Work Started Proposal: Proposed extension to provide additional living accommodation Reference Number: 92/02736/OTH BC Case Status: Building Work Complete Proposal: Dog kennels Reference Number: 02/07624/MUL BC Case Status: Building Work Complete Proposal: Barn conversion. 2 bedroom holiday accommodation units with extensions and conservatory.
Planning Enforce: Reference: 12/00260/COMP Status: Pending Consideration Nature of Enforcement: Alleged conversion of land to a campsite
Case Ref. 12/00260/COMP U.P.R.N. 000115019651 Breach Type COMP - planning complaint Status PCO - Pending Consideration Appeal Status Map Ref (E) 232115 (N) 487985 Address Cronk Aashen Farm Barregarrow Kirk Michael Isle Of Man
Date Received 23.10.2012 Time 16:40 Received By PT - Mr P Thornley Subject Mr E Shearman Nature Alleged conversion of land to a campsite
Alt. Reference Related EN No. Complainants 1 Target Response Time (days) To Target Resolution Time (days) To 1 Date How Allocated To JS - Mr Jason Singleton Area Code Ward 30 - MICHAEL Parish 56 - MICHAEL Dist. Office LB Grade Conservation Related DC
Complaint Founded (Y/N) >> Actual Response Time (days) Actual Resolution Time (days) Save Exit
22/6/13
Jasn has viewed the contents of the planning applicable and is happy for the applicants to be booked on.
June
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