Loading document...
==== PAGE 1 ====
19/00978/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00978/B Applicant : Mr Kevin & Mrs Voirrey Minay Proposal : Erection of a detached barn style building for the private storage of vehicles Site Address : Ballabunt Croft Cooil Road Douglas Isle Of Man IM4 2AQ
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 17.03.2021 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed development does not meet any of the exceptions as listed in General Policy 3, and there is no overriding national need demonstrated as to outweigh General Policy 3 or Environment Policy 1 which seek to protect the countryside from unwarranted development and harm and therefore the principle of development is considered unacceptable and to fail Spatial Policy 2, Strategic Policy 5, General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities __
Officer’s Report
THE SITE 1.1 The extent of the red line for the application comprises the extents of an existing dwelling known as Ballabunt Croft and adjoining field number 521730 located at the Lhergy Cripperty and Cooil Road junction in Douglas. The dwelling and field sit on the north-western side of the junction and both their southern boundaries join directly with Cooil Road.
==== PAGE 2 ====
19/00978/B Page 2 of 5
1.2 Access to the property is from the Lhergy Crippery road via a sweeping driveway which has a hardstanding area in front of the house and an existing detached triple garage store building.
1.3 There is a row of mature trees separating the garage and the house from field 521730, and further trees dotted around the site but mostly clustered in the western corner of the field and between the rear of the existing garage and the road.
THE PROPOSAL 2.1 The current application seeks approval for the erection of a new detached building for the storage and maintenance of private motor vehicles. The building is to site within field 521730 and running parallel to the trees. The building is to be 20m long x 11.4m wide and 3.2 to eaves and 5.5m to central ridge. The building will sit with its gable ends facing south towards Cooil Road and north towards the adjacent field.
2.2 The building is to be clad in a mix of green box profile cladding, timber boarding and finished in part with a stone clad plinth along the base of two elevations. The roof is to be clad in similar green sheeting and installed with 4 translucent rooflights on either side of the roofslope.
2.3 There is to be a large vehicle access door and separate pedestrian access on the east side elevation and three gable windows on the north elevation two at ground floor and one at first floor, although there is no first floor proposed on the floor plans.
2.4 Access to the building is to be via the existing driveway for the main dwelling and in order to facilitate this access 6 trees are to be removed from the belt of trees between the house and field.
2.5 Concerns with regards to the above scheme were originally expressed to the applicant and the application was put on hold to allow time for them to consider alternative schemes. A further extension was requested in July and later confirmed by the applicant in November that no changes were to be made and that the application was to proceed to a decision. The application to be determined is that as originally submitted and as outlined above.
PLANNING HISTORY The site has been subject to a number of previous planning applications for works to modify and alter the main dwelling and the erection of the existing three car garage which was approved at appeal under 88/01822/B and the approval for works to the existing dwelling and the erection of a stable under PA 96/01427/B, however none are considered to be specifically material or relevant to the current application.
PLANNING POLICY 4.1 The application site is within an area not zoned for development on The Area Plan for the East 2020 or the Braddan Local Plan 1991. The site is not within a Conservation Area, it is not a registered building and it is not recognised as being of any flood risk (although there is low risk surface water on surrounding roads. The site is within area D10 on the Landscape Character Appraisal.
4.2 Strategic Policy 2 and Spatial Policy 5 indicates that new development should be located primarily within existing towns and villages and only permitted in the countryside in line with those exceptions listed in 6.3 'Development outside of areas zoned for development - General Policy 3'. Environment Policy 1 further indicates that the countryside should be protected for its own sake and that would adversely affect the countryside would not be permitted unless an overriding national need is demonstrated and there is no other reasonable or acceptable alternative available. Should the principle of development be accepted, the following test falls to the visual and amenity impacts and development should not result in the loss of high quality agricultural land as referred to in Environment Policy 14 and while the current proposal is not
==== PAGE 3 ====
19/00978/B Page 3 of 5
for an agricultural building, the principles of Environment Policy 15 are relevant in trying to limit the spread of development by having new building clustered amongst existing buildings.
4.3 General 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: (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-dependent 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."
4.4 Environment Policy 1: "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."
4.5 Environment Policy 14: "Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map."
4.6 Environment Policy 15: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings
==== PAGE 4 ====
19/00978/B Page 4 of 5
which are best sited, in landscape terms, close to existing building groups in the rural landscape."
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Braddan Commissioners - no objections (07/10/2019).
5.2 Department of Infrastructure Highway Services - Do not oppose (23/12/2019).
5.3 Manx Utilities - no objection (16/09/2019) - the development is within the vicinity of a High Pressure Natural Gas Pipeline but MU are satisfied that the scope of development is a sufficient distance as to not have an impact on their continued safe operation and maintenance.
5.4 Senior Biodiversity Officer at DEFA - comments 25/09/2019 - the six trees proposed for removal should be replaced with similar native species within the development boundaries.
ASSESSMENT 6.1 The application seeks approval for the erection of a new detached garage building on land adjoining Ballabunt Croft for the private storage and restoration or motor vehicles. The proposed building is to be situated within field 521730 and on land which is not designated for development. The proposal does not meet any of the exceptions for development in the countryside as set out in General Policy 3 and the development is not recognised as being of overriding national need nor has it been demonstrated that there is no reasonable and acceptable alternative available such as within an area designated for such development, as a replacement of the existing garage or perhaps within the curtilage of the exiting dwelling. In respect of the principle of a garage building in this location the proposal is considered to fail General Policy 3 and Environment Policy 1 along with Strategic Policy 2 and Spatial Policy 5.
6.2 Turning to the physical matters of the building and its impact on the countryside, this building is fairly large for a domestic garage structure being 20m long x 11.4m wide and 3.2 to eaves and 5.5m to central ridge. This building is to be clad in a mix of green box profile cladding, timber boarding and finished with a stone clad plinth along the base level of two elevations. The building appears fairly agricultural, with exception to the domestic styled windows on one gable end, and such an agriculturally styled building would not be so uncommon across rural parts of the countryside as this. It's siting is clustered close to the existing development helping to avoid any unacceptable spread of development in line with Environment Policy 15 and the land is recognised as Class 3 on the Agricultural Land Use Capability Map and so its loss as a result of the building would not contravene Environment Policy 14.
6.3 The loss of the trees would likely have an immediate impact on the area but suitably positioned replacement tree planting would help to mitigate this loss in the long term and help reimburse any affected biodiversity. Manx Utilities have also confirmed that the proposal is positioned a sufficient distance from the natural gas line as to limit any impact of its use and maintenance.
6.4 Views of the building from the Lhergy Crippity are unlikely due to the setback position beyond existing roadside boundary hedging and trees, and while views from the Cooil Road are probably these will likely be limited to above and beyond existing roadside treatment and to the upper levels of the building only and not considered to be so harmful as to significantly adversely affect the overall character and appearance of the rural landscape.
6.5 To any general member of the passing public the building may be construed as being involved in agriculture due to its overall size and appearance, however for the very reason that
==== PAGE 5 ====
19/00978/B Page 5 of 5
this building is to be used as a private domestic garage for the storage and maintenance of private motor vehicles and on land not zoned for such use, that the proposal ultimately fails the first policy test in terms of its principle and is therefore not acceptable.
CONCLUSION 7.1 In terms of its physical appearance and its siting the building is considered to be acceptable in line with EP15 and not to result in the loss of important agricultural land in line with EP14, however the proposed development does not meet any of the exceptions as listed in General Policy 3, and there is no overriding national need demonstrated as to outweigh both General Policy 3 and Environment Policy 1 which are established policies which seek to protect the countryside from unwarranted development for its own sake, so by reason of the buildings proposed use being for the private storage and maintenance of motor vehicles and sited on land not designated for development the principle is considered to be unacceptable and to fail Spatial Policy 2, Strategic Policy 5, General Policy 3 and Environment Policy 1.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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.
Decision Made : Refused Date: 24.03.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal