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19/01132/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01132/B Applicant : Mr Christopher & Mrs Sonia Kelly Proposal : Erection of a greenhouse Site Address : Field 124163 Adjacent To Cronk Breck Bernahara Road Andreas Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : 19.12.2019 Site Visit : 19.12.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.01.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. For the avoidance of doubt no approval is hereby given for the extension of the residential curtilage (as approved under PA 16/00963/B).
Reason: In the interest of the visual amenities of the countryside and as no approval has been sought for the extension of the curtilage.
C 3. If the greenhouse is no longer required or used for growing of horticultural/agricultural products, then it must be removed from site and returned to grassed field all within 6 months of the cessation of the use.
Reason: the site is not designated for development and the development is approved on the basis of specific need in this case.
C 4. Within one month of the date of this decision notice a detailed scaled scheme (including section drawings) illustrating the size/height and finish (landscaping/planting) of the new sod banks which will continue the existing sod bank along the western boundary of Field 124163 to the northern boundary of Field 124163 as shown on Drawing "Sheet 2 of 2" shall be submitted and approved in writing to the Department. This approved scheme shall be fully implemented and completed within 3 months of the approval of the condition and retained thereafter. Any landscaping (excluding sod bank construction) included in the scheme shall be shall be carried out in the first planting and seeding seasons. Any trees or plants which die or become seriously
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damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of the visual amenities of the countryside surrounding the site.
C 5. The building must be used only for agricultural/horticultural purposes.
Reason: The countryside is protected from development and an exception is being made on the basis of agricultural/ horticultural need. As such the building must be used for the purposes for which it is approved.
This application has been recommended for approval for the following reason. It is considered the need for the proposed greenhouse is acceptable, whilst also not adversely affecting the countryside or any other public or private amenities. The proposal therefore complies with Environment Policy 1 & 15, General Policy 3 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
14th October 2019 CK31/19 SITE PLAN LOCATION PLAN
11th November 2020 SHEET 1 OF 2 SHEET 2 OF 2 __
Interested Person Status - Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owner/occupier of Ballachurry Farm Cottage, Bernahara Road, Andreas is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PROPOSAL BEING; SUBJECT TO AN OBJECTION FROM AN EMPLOYEE OF THE PLANNING AND BUILDING CONTROL DIRECTORATE AND AS THE DEVELOPMENT COULD BE CONSIDERED CONTARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE
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1.1 The site is situated in open countryside to the north east of St. Jude's and south of Andreas village. There are two other properties in the vicinity; Ballachurry Farm and Birds Croft. The application site is an agricultural field (124163) adjacent to the residential curtilage of the dwelling, Cronk Breck, which was approved as a replacement for a former dwelling.
1.2 The property has a range of outbuildings to the east which provide accommodation for the applicants' car collection, a former helicopter hangar which is now used for the storage of equipment and a new helicopter hangar. The curtilage of this property includes the outbuildings, the immediate landscaped area in front of the property and the driveway, but excludes the land to the south of the driveway and the pond.
2.0 THE PROPOSAL 2.1 The proposal is for the erection of a greenhouse to the west of the most recently constructed helicopter hangar. The proposal would sit outside the residential of the site and within the immediately adjacent field 124163, to the North West corner. The proposed building would have a width of 15m, a depth of 4m and a maximum height of 2.8m (eaves 2.6m). Its construction would partly be out of blockwork (rear elevation - north) and partly with glazing/uPVC framing (front elevation - south) above and a glass/plastic roof. The proposal is partially retrospective with footings/lower walls in place.
2.2 The applicants have advised that the need for the greenhouse is to grow vegetables/plants for their own personal use. The site has been chosen to have a south facing elevation, whilst also adjacent to the existing group of buildings.
2.3 As part of the application (following negotiations with the applicants and the Department) the applicant has already planted additional trees along the southern boundary of Field 124163. Furthermore, the western sod hedge which currently runs along the majority of Field 124163 is to be continued in a northerly direction which would form a new fixed and permanent boundary line, compassing the proposed greenhouse. This would also provide a clear separation of the overall site of Cronk Breck and agricultural land to the east. Across Field 124163 (east to west direction) a post and wire fence has been erected (can be undertaken under Permitted Development) and further tree planting has been undertaken.
3.0 PLANNING POLICY 3.1 The site lies within an area not designated for a particular purpose on 1982 Development Plan. As such, there is a presumption against development as set out in General Policy 3 and Environment Policy 1 of the Strategic Plan.
3.2 General Policy 3 states that 'Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
(f) Building and engineering operations which are essential for the conduct of agriculture or forestry'
3.3 Environment Policy 1 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."
3.4 Environment Policy 15 states: "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
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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 which are best sited, in landscape terms, close to existing building groups in the rural landscape."
4.0 PLANNING HISTORY 4.1 There have been a number of previous planning applications associated with the site which included the replacement of the former dwelling approved under 09/01011/B and 10/00216/B and further alterations and extensions approved under 12/01362/B, 12/01363/B, 13/00311/B, 14/01002/B and 15/00820/B and car ports and storage buildings approved under 13/00306/B, and 14/00638/B. An application for a temporary access track and building were refused under PA 12/00582/B.
4.2 A previous planning application 16/00963/B for the erection of a replacement helicopter hangar, conversion of existing hangar in to an equipment store and extension to residential curtilage was also approved. There have also been applications (18/00882/B & 19/00676/B) for the conversion and extension of existing single garage to provide additional living accommodation ancillary to existing property.
4.3 A previous planning application and perhaps most relevant to this application was for the erection of a detached building to house trailers used for agricultural purposes (18/00894/B). This was refused by the Planning Committee on the following grounds:
"R 1. The applicant has not provided adequate justification to demonstrate that the agricultural need for a new building is sufficient to outweigh the general policy against development in the countryside proposal. The proposal therefore conflicts with General Policy 3 of the Isle of Man Strategic Plan 2016.
R 2. The proposed building, due to its locations and the additional existing buildings in close proximity, will result in the proliferation of built development within the open countryside. Whilst the proposed building has been located as close as is practically possible to existing building group, as per Environmental Policy 15, it will be viewed as an extension to the applicants' extensive warehousing located within the curtilage of Cronk Breck, which will be unsympathetic to the character of the countryside and the landscape of which will form a part. In addition, the proposal will necessitate the removal of existing hedging and would physically and visually extend the curtilage of the built structures further into the open countryside. The proposal therefore conflicts with Environmental Policy 1 and Environment Policy 15 of the Isle of Man Strategic Plan 2016."
5.0 REPRESENTATIONS 5.1 Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Highway Services consider there is no highway implications (30.10.2019 & 27.11.2020).
5.2 Andreas Parish Commissioners have no objection (25.11.2019).
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5.3 The owner/occupier of Ballachurry Farm Cottage, Bernahara Road, Andreas initially objected to application (10.11.2019) which can be summarised as: concern of accuracy of plans; proposal is of a commercial nature; suggest the applicants have more than enough means to purchase trees for any further planting without the need of yet another structure; no justification for proposal; the site with all the building in situ is more of an industrial nature; concerns of long term intention of use of site if further buildings are allowed.
5.3.1 Further to amend plans being submitted the owner/occupier of Ballachurry Farm Cottage, Bernahara Road, Andreas objected to application (14.11.2020) which can be summarised as the structure is already in place and I see no justification for this greenhouse in an agricultural field along with the spread of what can only be described as "stuff" into this area; there remains no clarity as to the extent of the applicants' residential curtilage, where it ends, to form any justification for the constant activity in this field; my neighbour does what he wants with no respect to policy or obligations that others have to comply with.
6.0 ASSESSMENT 6.1 The key issues for this proposal are principle of development, whether there is an agricultural/horticultural need for the proposed greenhouse; the impact on the rural character of the site and the wider countryside and the impact to neighbouring properties.
The principle of the development 6.2 As outlined by Environment Policy 15 the Department must be satisfied that there is agricultural or horticultural need for a new building to outweigh the general policy against development in the countryside. Further justification was sought by the Department and the applicants provided the following comments:
"The need for the greenhouse at Cronk Breck for Mr Kelly is for use as a starter pad for the growth of shrubs, which are then planted in various parts of his land ownership, some as hedge toppers, some are planted in untidy corners of fields, or on patches where growth is poor. He uses a variety of shrub types for these purposes. Most are used around Cronk Breck, but some are, or will be, used at other sites in his ownership - e.g. site at Quarry Bends, another at Jurby Head."
6.3 The greenhouse (15m x 4m) is larger than what one may expect for most domestic properties; however, Cronk Breck is not a normal domestic property and has evolved to appear more as a country estate. Arguably, greenhouses as proposed are often found connected with such large properties. Having said this, the size of the greenhouse is no of a commercial size or nature and the Department is satisfied that the use of the greenhouse is in association with the Cronk Breck estate and other sites the applicants own.
6.4 The justification by the applicants would appear reasonable and sufficient to outweigh the general policy against development in the countryside and therefore comply with general Policy 3 and Environment Policy 15. However, other material considerations as outlined in paragraph 6.1 also need to be considered.
Character and appearance 6.5 As outlined with the previous refusal (PA 18/00894/B), a key consideration in the past has been whether such additional buildings would have any adverse visual or other impact on the environment, namely the proliferation of built development within the open countryside. This refused application sought approval for a much larger building (agricultural barn style building) within the same site to the south of the current proposed greenhouse. This was still a concern when the application was initially submitted. Following discussions with the applicant and the Department the inclusion of additional landscaping in and around the site has been proposed/already undertaken as well as the continuation of the existing sod bank in a northerly direction which will hopefully act as a clearer boundary and more permanent boundary. This is important as there are clear views of parts of the site when viewed from the
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B7 Regaby Road, which would include the current proposal. It should be noted that along the B7 Road the views of the site are not substantial and perhaps only in a few locations when views are fleeting. However, the fact remains there are views.
6.6 Certainly the landscape proposals outlined previously will not only in time screen the proposed greenhouse but also other parts of the site. Accordingly, these landscaping benefits are a significant positive factor in favour of the application.
6.7 The greenhouse, in terms of size/height compared to other buildings within the estate is arguably one of the smallest buildings. Its height of less than 3m and its location along the north boundary and closeness to the existing helicopter hangar; together with the landscaping proposals, would appear to comply with EP15 which requires 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.
Impact on neighbours 6.8 Due to the distance of the application site to the closest adjacent properties, the proposed development is unlikely to result in a significant adverse impact upon the living conditions of neighbouring residents.
CONCLUSION 7.1 Overall, it is considered the need for the proposed greenhouse is acceptable, whilst also not adversely affecting the countryside or any other public or private amenities. The proposal therefore complies with Environment Policy 1 & 15, General Policy 3 of the Isle of Man Strategic Plan 2016. Accordingly, the application is recommended for approval.
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 decision maker 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. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 04.02.2021
Signed : C BALMER
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Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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