Officer Planning Report

Planning Report And Recommendations {{table:285469}} ### Considerations {{table:285466}} ### Written Representations {{table:285467}} ### Consultations {{table:285468}}

Officer's Report

Description Of Application Site

• The application site is Beachfield Farm, Beachfield Farm Lane, Kirk Michael.
• The site comprises a number of buildings
• To the north east of the application site is the residential property of Ocean Vista
• To the north west of the application site is cliff line above the shore and the Irish Sea.

Proposal

• The proposal is to allow the site to be used as a temporary storage area for scaffolding.
• The temporary use would only be for six months.

Relevant Planning History

• 02/02467/B – Erection of conservatory to rear elevation – granted 29.04.2003
• 87/04011/B - Erection of a bungalow with attached garage - granted

Development Plan Policies

• Isle of Man Planning Scheme (Kirk Michael Local Plan) Order 1994

Statutory Consultation Responses

• Michael Commissioners – No objection to the application.
• Highways Division of DoT have objected to the application on two grounds:
• The access road is too narrow to accommodate two way traffic and large commercial vehicles.
• The visibility from the roadway onto Shore Road is inadequate to serve the needs of this development

Public Responses

• Press notice for the planning application was posted on 2.3.06
• The occupiers of Ocean Vista have made the following comments:
• How long a time is temporary? Is it a week or month or a year or is it an excuse to keep running his builders business from Beach Field Farm.
• And will this give him the right to keep working with other men in the big shed on Saturday, Sunday, wet days and at night. Also will he be able to dig holes 9ft x 9ft to burn or bury his rubbish form where he is working.
• Would this planning also give permission to run his vehicles six to eight times past our bungalow each weekend and holidays as he does at the moment?
• Also he parks his two big vans sometimes his digger and trailer his building material

Issues

• The application site is designated as open space (agricultural) within the Kirk Michael Local Plan 1994.
• The applicant states that he needs to centralise all the scaffolding in one location to enable people to view and requests a six month temporary permission.
• The predominant use proposed is effectively an open storage use. This type of use would be more accustomed to an industrial estate. The proposed use is contrary to the designated land use and would amount to inappropriate development in the countryside which is contrary to the general presumption against development within the countryside.
• In relation to the highway objection in that the access road is too narrow to accommodate two way traffic and large commercial vehicles and the visibility from the roadway onto Shore Road is inadequate to serve the needs of this development. I agree with the Highway Authority's assessment. The access road is particularly narrow and inappropriate for use by commercial vehicles.
• I also consider the use of the access which runs past residential property would give rise to cause general disturbance of and inconvenience to local residents resulting in a lower residential environment for the local residents of the locality.

Conclusion

• I therefore recommend that planning permission be refused for the reasons above

Party Status

I consider that the following should be granted party status due to them being statutory consultees or meet the criteria of Government Circular 1/06

• Michael Commissioners
• Highways Division of the Department of Transport
• The occupiers of Ocean Vista

Recommendation

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1. The site is not designated for development or for commercial use and is within an area zoned as open space (Agriculture) countryside. The introduction of this proposal would be inappropriate and would amount to introduction of a commercial use into the countryside contrary to the land designation in the Isle of Man Development Plan Order 1982. The applicant has not demonstrated that there is sufficient need to justify such a building within the open countryside.

R 2. The Shore Road is insufficiently wide in terms of both carriageway and unable to accommodate two way traffic and large commercial vehicles which will be to the detriment of the free flow of the traffic. Also its junction with Shore Road/Station Road offers inadequate visibility for drivers of emerging vehicles. As such the site could not be satisfactorily serviced in terms of the road network.

R 3. The operation of a commercial use would cause disturbance of a nuisance to local residents from vehicle passing nearby residential properties.

Note: As the use has already commenced it should cease with 25 days of this decision becoming final. Failure to cease the use will render the applicant liable to enforcement proceedings.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made: Refused Date: 21/7/05

Signed: M. I. McCauley Director of Planning and Building Control