06/00765/BRefused

5 December 2006 · Planning Committee

Erection of a kennel facility with associated works and landscaping

Field 410341, Cronk Y Dhooney, Ballakilpheric, Colby, Isle Of Man, IM9 4bs

Received5 May 2006

Validated11 May 2006

Committee1 Dec 2006

Decided5 Dec 2006

7 months

Received5 May 2006

Validated11 May 2006

Committee1 Dec 2006

Decided5 Dec 2006

7 months

Why was this refused?

Noise nuisance from dog barking to nearby dwellings
Inadequate highway access and narrow lanes
Rural amenity change in quiet area
Visual impact in landscape designation
Traffic impact on unmade lanes

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.

Refusal Reasons

✗Whilst the operation of boarding kennels is often an activity which takes place in a rural area, in this case the site is not considered suitable for such activities on the basis that there are in relatively close proximity a number of dwellings whose occupation would be detrimentally affected through the noise of dogs barking.
✗the road network serving the site in terms of the Ballakilpheric Road itself (B44) and the lanes serving the site therefrom, consists of narrow roads with limited forward visibility and passing opportunities and will not satisfactorily accommodate the increase in traffic which will be generated by the proposed development
✗the introduction of additional traffic on the lanes serving the site would result in an adverse and unneighbourly impact on those properties which front onto the lane, in most cases where the properties are very close to the lane.

Documents (33 · 2 superseded)

Decision Notice

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Decision & Reasoning

Refused5 December 2006

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…

Policies Assessed (2)

ENC/P/1

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.

ENC/P/2

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.

Public Comments (9)

SupportDrainage Division(statutory consultee)

No Objection in principle subject to conditions on foul sewer connection and no surface water to foul sewer

SupportCronk Y Doonee Ballakilpheric Colby Isle Of Man(neighbour)

Supports the proposal

SupportBallakilpheric Farm Chapel Lane Ballakilpheric Colby(neighbour)

Supports the proposal

ObjectionHighways Division, Department of Transport(statutory consultee)

ObjectionRushen Commissioners(parish)

ObjectionRose Cottage Cronk Y Dhooney Ballakilpheric Colby(neighbour)

ObjectionKensa Cronk Y Dhooney Ballakilpheric Colby(neighbour)

ObjectionCronk-e-Dhooney Farmhouse Ballakilpheric Colby(neighbour)

ObjectionS.P.M.C. & E. (Society for the Preservation of the Manx Countryside and Environment)(other)

Why was this refused?

Noise nuisance from dog barking to nearby dwellings

Inadequate highway access and narrow lanes

Rural amenity change in quiet area

Visual impact in landscape designation

Traffic impact on unmade lanes

Refusal Reasons

✗Whilst the operation of boarding kennels is often an activity which takes place in a rural area, in this case the site is not considered suitable for such activities on the basis that there are in relatively close proximity a number of dwellings whose occupation would be detrimentally affected through the noise of dogs barking.
✗the road network serving the site in terms of the Ballakilpheric Road itself (B44) and the lanes serving the site therefrom, consists of narrow roads with limited forward visibility and passing opportunities and will not satisfactorily accommodate the increase in traffic which will be generated by the proposed development
✗the introduction of additional traffic on the lanes serving the site would result in an adverse and unneighbourly impact on those properties which front onto the lane, in most cases where the properties are very close to the lane.

Policies Assessed (2)

ENC/P/1

Policy ENC/P/1

ENC/P/2

Arbory and East Rushen Local Plan 1999 Policy ENC/P/2

Public Comments (9)

SupportDrainage Division(statutory consultee)

No Objection in principle subject to conditions on foul sewer connection and no surface water to foul sewer

SupportCronk Y Doonee Ballakilpheric Colby Isle Of Man(neighbour)

Supports the proposal

SupportBallakilpheric Farm Chapel Lane Ballakilpheric Colby(neighbour)

Supports the proposal

ObjectionHighways Division, Department of Transport(statutory consultee)

ObjectionRushen Commissioners(parish)

ObjectionRose Cottage Cronk Y Dhooney Ballakilpheric Colby(neighbour)

ObjectionKensa Cronk Y Dhooney Ballakilpheric Colby(neighbour)

ObjectionCronk-e-Dhooney Farmhouse Ballakilpheric Colby(neighbour)

ObjectionS.P.M.C. & E. (Society for the Preservation of the Manx Countryside and Environment)(other)