5 December 2006 · Planning Committee
Field 410341, Cronk Y Dhooney, Ballakilpheric, Colby, Isle Of Man, IM9 4bs
The proposal involved constructing a new kennel building (14m x 18m, 4.2m ridge height, dug into the ground with earth banking) for up to 16 dogs, including internal runs, kitchen, office and external exercise area, on a 9.7ha farm field east of the B44 road.
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The Planning Committee refused the application despite the officer's recommendation to refuse but with conditions if approved, primarily because the site was unsuitable for boarding kennels due to mul…
Policy ENC/P/1
Policy designates the site requiring protection from visually damaging development. Officer assessed the sunken building with banking/mounding would have limited visibility from Colby Glen Road/A27 and not stand out adversely in a landscape with existing farm buildings, not warranting refusal alone despite public footpath views.
Arbory and East Rushen Local Plan 1999 Policy ENC/P/2
Prohibits development in open space unless zoned residential or specific designation. Officer recommended exception for kennels due to rural precedent needs (unsuitable for urban), provided noise/traffic/visual addressed, outweighing presumption against countryside building.
No Objection in principle subject to conditions on foul sewer connection and no surface water to foul sewer
Supports the proposal
Supports the proposal
Environmental Protection Unit objects due to likely serious noise nuisance from dog kennels in quiet rural area; Department of Transport raises highways safety concerns; multiple resident objections on noise, traffic, landscape, and policy grounds; no supporting statutory consultee responses.
Key concern: serious noise nuisance to local residents from dog barking
Environmental Protection Unit (Simon Renton)
ObjectionThe Environmental Protection Unit consider that the application for proposed dog kennels at Robin Hill Farm if permitted is likely to cause a serious noise nuisance to local residents.; Within 150 metres noise from dogs barking is likely to cause levels of noise which could be considered a statutory noise nuisance.; In a rural area with background noise levels as low as 30-40 dB, noise from dog barking could possibly be heard even 1 Km away.
Department of Transport (Mr Sewell)
Objectionthis increase of traffic will cause additional nuisance and congestion on these narrow roads, unless passing places are constructed at intervisible locations.; The proposed second access road is narrow with passing places at 100 metre intervals. The additional traffic will result in reversing movements of up to 50 metres on the privately owned section of the lane.
Conditions requested: passing places constructed at intervisible locations
Quintin Gill MHK
ObjectionI therefore conclude that on balance I must oppose the proposed application on the following grounds; Noise... Visual Impact... Traffic... Change of Use... 'Footprint'.
The original application for a kennel facility with associated works and landscaping was refused by the Planning Committee, primarily on noise grounds. The appellants, Mr & Mrs P Cripps, appealed under Article 8 of the Town and Country (Development Procedure) Order 2005, requesting a hearing and arguing they had amended plans to mitigate noise impacts. Administrative letters confirm the appeal was accepted and prepared for an inquiry with a statement of case requested. However, the appellants withdrew the appeal citing concerns about effects on the local community, thoughtless actions by locals, pressure on residents, and fears of ongoing opposition if successful. They plan to seek permission for a small cattery instead. No inspector's decision was issued as the appeal did not proceed.
Precedent Value
This appeal demonstrates that even with perceived strong cases on technical merits like noise mitigation, intense local opposition can prompt appellants to withdraw to avoid future conflicts. Future applicants should gauge community sentiment early and consider less contentious alternatives like the proposed cattery.