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Application No.: 09/01296/R Applicant: Mr Alan Holloway Proposal: Re instatement of track Site Address: Land Associated With Sunridge Glen Rushen Road Glen Maye Isle Of Man IM5 3BA ### Considerations Case Officer : Mr Steve Stanley Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Patrick Commissioners Notes: Defer 16.09.09 - no comment.
The application site relates to land associated with the property Sunridge, Glen Rushen Road, Glen Maye, Patrick. Specifically, the proposal relates to Fields 335013, 331095, 331181, 331098 and 331096 which are to the east of Sunridge. The land is currently vegetated with gorse and bracken along with open areas of rough grass.
This application seeks approval for the reinstatement of a track which previously led from Field 334656 across the land before turning back and terminating at Field 331096. The application proposed the scrapping off of the top surface of vegetation and earth to reform the track. It is not proposed to surface the track, instead the track will be allowed to become vegetated. The track would provide access by foot or by quad bike to the fields which are in the ownership of the applicant which are to be used for agricultural use.
The application site is located within an area identified as being of High Landscape Value and Scenic Significance by the 1982 Development Order. Within the Isle of Man Strategic Plan, the following policies are considered to be relevant:
General Policy 3, part (f) which states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environmental Policy 1, which states:
"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 over-riding 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."
Environmental Policy 2, which states:
"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:
Whilst there have been previous applications relating to Sunridge, none are considered relevant in the assessment and determination of this application.
REPRESENTATIONS Patrick Parish Commissioners have made no comment on this application. The Department of Transport Highways Division does not object to this application.
The Department of Agriculture, Fisheries and Forestry Division has submitted comments on this application setting out that the land involves 11 acres that is currently not utilised for agriculture. The land could in its present form be classed as rough grazing and would currently demand a labour requirement of 7 standard man hours per annum. It is stated that the applicant wishes to reinstate the existing track up to the flatter areas of ground so as to enable these areas to be cleared and used for vegetable production. DAFF conclude that based on their assessment there would be some agricultural benefits to the reinstatement of the track enabling access to flatter ground. They do however qualify this conclusion by stating that the enterprise is not considered to be an agricultural business.
ASSESSMENT
General Policy 3 of the Strategic Plan sets out an exception top the presumption against development in the countryside based on development consisting of building and engineering operations which are essential for the conduct of agriculture or forestry. It is judged that this proposal represents such a development in that it would provide the only access to the land to allow it to be farmed. DAFF have commented that there would be agricultural benefits in accessing the flatter ground.
The submitted information shows that the scale of the development proposed is low, comprising the re-profiling of the disused track to enable it to be used by pedestrians or small vehicles such as quad bikes to access the land for farming. The track would not be surfaced and the works would have very little visual impact even from wider public vantage points with the disturbed land quickly being re-established with natural cover. It is judged that the engineering works would not adversely affect the countryside in accordance with Environmental Policy 1. Furthermore it is judged that the proposed
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works, through having very limited impact and fulfilling a need to access the land for agricultural purposes would be in compliance with parts (a) and (b) of Environmental Policy 2.
The Department of Agriculture, Fisheries and Forestry Wildlife and Conservation section has confirmed that the works would not have an adverse impact upon habitats or species which are protected.
RECOMMENDATION
Permit.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 01.10.2009
Conditions and Notes for Approval / Reasons and Notes for Refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval is for the reinstatement of track, land associated with Sunridge, Glen Rushen Road, Glen Maye, Patrick as shown by LP1, SPZ, OP1, PH1-3 and Planning Detail all received 30th July 2009.
The track must be used only for agricultural purposes.
No approval is granted or inferred for the surfacing of the track.
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
27 November 2009 09/01296/R Page 3 of 4
Decision Made : Permitted Date : 27 November 2009 Signed : ... Senior Planning Officer
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