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Mr and Mrs Bell moved to Baldrine Manor following the partial conversion of the property by the previous owners in November, 2005.
During the past 15 months Mr and Mrs Bell have continued to upgrade the property and have completed the development works commenced by the previous owners. The conversion work have been carried out to an extremely high standard and Mr and Mrs Bell have undertaken extensive landscaping and tree planting to separate the residential land from the agricultural areas to the lower (East) and higher (West) sides of their property. This has enabled the agricultural activities to continue to take place to the 10 acres of land to the East by a local farmer. Mr Bell has used the upper area of land the West to park his work vehicles with no adverse affect on the amenity of the area, no effect on neighbours no impact on traffic.
Mr and Mrs Bell applied for approval for a new unit on the area of land to house plant and vehicles for Mr Bell’s arboricultural business (PA 06/71). This was refused on appeal on the grounds of insufficient agricultural need and size of the building proposed.
Mr Bell received correspondence from the Department’s planning enforcement officer dated 26 January, 2007 advising him that the continuation of the use of the land constituted a change of use from residential to light industrial use requiring a planning application.
Mr Bell made an appointment with the Planning Officer for the area and met with Mr Anthony Holmes on 1st February, 2007 to discuss options for the way forward.
During the meeting it was highlighted that Mr Bell purchased the property on the basis that he would be able to park his plant and vehicles within a secure area close to his home where extensive adequate land was available, which was substantially screened from both the public highways and adjacent properties but remained within close proximity to his home without adverse effect to ensure that a watching eye could be maintained on the expensive plant and vehicles that his business commands.
Mr Bell has operated on this basis for 15 months and has had the support of residents in the area for both the improvements he has made to the property and his recent endeavours to secure permission for a unit to house his vehicles.
Mr Bell has historically had problems with vandalism and fuel theft from his vehicles when Mr Bell owned a compound within an unoccupied out of town area from which he operated at a site opposite Bridge nurseries in St Marks. The proximity of Mr Bell's business to his home is therefore particularly important from an operational point of view.
Mr Bell wishes to continue to use the land, for the purposes of storing his vehicles and plant and equipment. During the day, the majority of his vehicles are out on site and the area of land would generally house the vehicles outside of normal working hours.
The site is already screened from Ballagawne Road by virtue of the high hedges which would prevent any vehicles or plant being visible from the highway. Views of the site from the main Douglas to Laxey Road and MER railway are screened by Mr and Mrs Bell's own property and to the rear of the site extensive planting along the divide between the application site and the maintained residential land provides screening to the main Douglas to Laxey Coast Road. Mr Bell proposes to create further screening at the entrance from the site to Ballagawne Road with the construction of gate posts and solid timber gates to match those serving the entrance to his property.
During discussion with the planning officer the option of a temporary approval was mentioned, which would enable the impact of the continuing use to be assessed. This would enable Mr Bell to demonstrate that the land use proposed does not conflict with spirit and aims of development control. A temporary approval would provide a fair and reasonable balance to the change of use application and provide Mr Bell with the opportunity to demonstrate during the period of temporary approval that the proposed use can be accommodated
without adverse impact. The physical measures proposed and the demonstrable record of the effect of the land use over the past 15 months, together with the option which is open to the Department and its officers to offer a temporary approval would provide a fair and reasonable solution in this instance for both the client and Planning Authority and a means by which the application can be comfortably approved.
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