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Application No.: 09/01007/B Applicant: Mr David Kermeen Proposal: Alteration to farm entrance Site Address: Ballaneddin Farm Main Road Ballaugh Isle Of Man IM7 5EB ### Considerations Case Officer : Mr Chris Balmer Site Visit: 11 / 08 / 09 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not opopse. Consultee : Ballaugh Parish Commissioners Notes: No objection Consultee : Wildlife \& Conservation Officer Notes: Comments received
SITE The application site represents the curtilage of Ballaneddin Farm, Main Road, Ballaugh, located on the southern side of Main Road and east of Ballaugh Village.
The application site is within an area recognised as being an area of 'woodland' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Policy 2: 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
There are previous planning applications however none are considered relevant in the assessment and determination of this application.
PROPOSAL The application seeks approval for the alteration to farm entrance.
Ballaugh Parish Commissioners:- "No objection" Highways Division:- "Do not oppose." Wildlife \& Conservation Officer:- "Two very mature large trees are to be felled to make the improvements to this entrance. We have no objection but would like to make two recommendations. First that some new trees are planted on either side of the new entrance in order to mitigate for the loss of the trees (well back from the line of site for the entrance) and secondly the ivy should be killed, by cutting at the base of the tree, some months before the trees are felled to allow it to die off so that any species, such as bats, can move away to other trees."
The Authority has received no other privately written representations objecting to the application.
As stated due to the land being zoned within an area of woodland there is a general presumption against development within such areas in the countryside.
However, consideration needs to be taken that the existing entrance is not ideal for farm vehicles, which was evident when visiting the site when a tractor with a trailer attached, required driving onto the opposite side of the Main Road to enter the farm. This obviously causes highway safety concerns, given this section of road is derestricted.
The main issue relates to the loss of the two trees, one of which is mature and substantial in size. There are three trees which will still remain. Overall, it is considered whilst the loss of the two trees is not ideal, given the proposal will significant improve vehicular access to and from the site and there would still be three large mature trees and hedging, the loss of the trees would not have a detrimental impact upon the appearance of the area and therefore would be acceptable in this location.
It is considered the reasoning for the proposal would be beneficial to the applicants but also due members of the public who use the public highway for the reasons given. Accordingly, it is recommended that the application be approved.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Ballaugh Parish Commissioners Wildlife \& Conservation Officer The Department of Transport Highways Division
Recommended Decision: Permitted
Date of Recommendation: 18.08.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 2. This approval relates to the alteration to farm entrance as proposed in the submitted documents and drawings PD-001, PD-002, PD-003 and PD-004 all received on 10th June 2009.
C 3. Within one month of the completion of the new access permitted by this planning approval, the set back grass banking to the west of the entrance is to be completed as indicated on drawing PD-003, similar in height to the existing. All planting (replacement hedgerow), seeding or turfing shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : Signed : Senior Planning Officer
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