48843

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                                      20/01485/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/01485/B Applicant : Mr John Kneen Proposal : Demolition of existing outbuildings and alterations to vehicle access Site Address : Ballaoates Farm Ballavagher Road St Johns Isle Of Man IM4 3JE

Principal Planner: Miss S E Corlett Photo Taken : 27.01.2021 Site Visit : 27.01.2021 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation:

__

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.

N 1. The applicant's attention is drawn to the Wildlife Act 1990 and the protection of breeding and nesting birds and the advice of DEFA Ecosystems Policy Office is recommended in respect of the timing of the works.

This application has been recommended for approval for the following reason. The proposal is considered to accord with Environment Policies 1 and 2 and General Policy 3 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to drawings JK SP1, JK SP2, JK TS1, JK 01, JK 02, JK 03 and the visibility splay drawings all received on 22nd December, 2020. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICANT IS RELATED TO A MEMBER OF THE DEPARTMENT

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THE SITE 1.1 The site defined in red is a small part of a larger site, defined in blue which is the current holding of Ballaoates Farm which stretches north west from the Archallagan Road which links the A24 with the A3 at the Hope. The whole site accommodates a range of buildings with a traditional Manx farmhouse at the entrance with the other side of the entrance formed by outbuildings which run parallel with and right alongside the road. Further into the site are larger, more modern buildings of an agricultural style and appearance. The application site concerns only the outbuildings to the north west of the entrance. There are two of these, conjoined and where the south eastern most is slightly shorter than that to which it is attached. There is also a small building attached to the south eastern most building. All are brick built and have been painted in the past and have corrugated sheeted roofs. These buildings sit between 1m and 1.2m above the road with a sloping bank between the buildings and the road.

1.2 The Archallagan Road slopes quite sharply downward from south east to north west and has a number of bends which restrict visibility for vehicles travelling in both directions along it. Presently, the outbuildings restrict visibility for and of those emerging from the site with a sharp turn required for vehicles to exit and turn right (north).

THE PROPOSAL 2.1 Proposed is the removal of part of the buildings alongside the road, notably the south eastern section for a length of almost 6m - effectively the two smallest buildings in the row. A new rendered retaining wall will be introduced at the new end of the roadside wall from road level to just above ground level within the site.

2.2 The application includes visibility splays from the proposed new site arrangement with 58m compared with 4m and 90m to the south.

2.3 The applicant explains that he has recently purchased the site and from his time there so far realises that the access is poor, particularly for the larger agricultural vehicles which will be using the entrance as the land is to be farmed in conjunction with his existing holding in St. John's.

2.4 He describes the condition of the existing single skin brick buildings as poor and the buildings to be demolished are not suitable for modern farming practices. In any case there is plenty of storage within the other buildings on the site.

PLANNING POLICY 3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as not for a particular purpose and within an area of High Landscape or Coastal Value and Scenic Significance.

3.2 As such, there is a presumption against development here and where the protection of the character of the landscape is the most important consideration as set out in General Policy 3 and Environment Policies 1 and 2 of the Strategic Plan. There are also policies which seek to ensure that highways and accesses onto them are safe and in this case, as there are no policies which specifically mention demolition or the alteration of accesses outwith areas designated for development, the following parts of the Strategic Plan are considered relevant in this case:

General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;

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                                      20/01485/B                                     Page  3  of  4

(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways".

3.3 Environment Policy 4 protects wildlife.

PLANNING HISTORY 4.1 The site has not been the subject of any previous applications since the 1980s.

REPRESENTATIONS 5.1 German Parish Commissioners have not commented although were sent the application on 19th January, 2021.

5.2 Highway Services advise that there will be no significant negative impact upon highway safety, network efficiency and/or parking although there may be a need for a licence for the positioning of equipment and materials in the highway, which is not a planning consideration (02.02.21).

5.3 Ecosystems Policy Office comment on 11.02.21, noting that the buildings to be removed are old, agricultural structures located in a wooded area with nearby watercourses and semi natural habitats with multiple bat records in the area, one within the application site. Whilst corrugated metal roofing is not conducive to bats there is still potential for bats to use the openings for roosting and for nesting birds in the openings on the southern end of the building. They request, prior to demolition, that a preliminary assessment for roosting bats and nesting birds be undertaken by a suitably qualified ecological consultant and if evidence is found to demonstrate these animals are using the building, appropriate mitigation must be submitted to and approved by the Department in relation got ensuring their protection during and after development. They provide information and links to good practice for bat conservation and they refer to the Wildlife Act 1990.

5.4 The applicant has obtained a report from the Manx Bat Group, dated 18th February, 2021 which concludes that the outbuildings show no evidence of having been or being used by bats and have low suitability for such and the development will have no impact on bats and no mitigation is required.

ASSESSMENT 6.1 The issues in this case are whether the removal of the buildings as proposed would have an adverse impact on the character or appearance of the area and if it does, whether the improvement to visibility and highway safety justify these impacts.

6.2 Planning approval is required for the removal of some of the buildings as not all of the buildings are being demolished in accordance with the Town and Country Planning Act 1999 and the Permitted Development Order 2012 as subsequently amended. It is relevant that if all of the buildings in this group were to be demolished, planning approval would not be required.

6.3 Whilst the buildings are painted brickwork rather than stone, they are important features in this part of the countryside and immediately alongside the road. However, the retention of those closest to the access present a considerable impediment to the visibility available to those emerging from the site and also restrict the turning circle available to larger vehicles using the access and particularly when then turning north.

6.4 It is considered, given the appearance of the buildings concerned, that some of the buildings are being retained and the considerable improvement to highway safety as a result of the proposal, that is would have an acceptable impact on the countryside.

CONCLUSION 7.1 The proposal is considered to accord with Environment Policies 1 and 2 and General Policy 3.

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INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 4(2) 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 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: 01.03.2021

Signed : S CORLETT 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

Customer note

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