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The application site comprises of a parcel of land that is located adjacent to Ballagawne Road in Lonan and that includes the curtilage of a detached dwelling known as Baldrine Manor.
The planning application seeks retrospective planning approval for the use of the application site as storage of plant and vehicles for an arboricultural business.
The application site has been the subject of a number of previous planning applications, one of which is considered to be specifically material to the assessment of this current planning application:
Planning application 06/00071/R sought approval for the erection of an agricultural/horticultural storage shed and retrospective approval for the creation of an access to upper field and shed and widening of existing field gate access to lower field. This previous planning application was considered and refused by the Planning Committee on the 20th July 2006, with the refusal decision notice issued on the 27th July 2006. Following an appeal against the refusal the Minister resolved to split the decision, with refusal of the erection of the storage sheds confirmed and the retrospective approval of the accesses approved. The appeal decision was issued on the 16th January 2007.
Lonan Parish Commissioners recommend that the planning application be approved.
The Department of Transport Highways Division do not oppose the planning application subject to the imposition of conditions relating to the provision of visibility splays and gate opening.
The Society for the Preservation of the Manx Countryside and Environment objects to the planning application. The grounds for their objection can be summarised as concern that the use is not appropriate for the rural location, that is has an adverse impact and that the surrounding roads are not suited to the operation.
Under the Laxey and Lonan Area Plan Order 2005 the application site is within a wider area of land that is designated as open space/agricultural use. It is also within a wider area of high landscape value and scenic significance. The application site is not designated for any site specific purpose.
The Laxey and Lonan Area Plan Order 2005 contains one policy that could be viewed as material to the assessment of this current planning application. Policy L/OSNC/PR/1 states:
"There will be a general presumption against development in areas designated as open space or open space for particular purposes."
The planning application seeks retrospective planning approval for the use of the application site for the storage of plant and vehicles for an arboricultural business. The applicant, who owns and runs the arboricultural business, has lived in the adjacent dwelling since November 2005. Based on pre-application discussions and the planning application submission the applicant justifies the of the land on the grounds that a) the site is a secure location to store valuable equipment; b) the location of their work constantly changes; c) the close proximity of the applicant to their business is important; d) that equipment is generally only present on the land outside of normal working hours; and e) the site itself is well screened within the area and not publicly visible. For the purposes of this report the term equipment refers to all vehicles, tools and trailers used by the arboricultural business.
Case law and general practice dictates that the fact that a planning application is retrospective should neither advantage nor disadvantage the applicant, the application site should be assessed as if no use or development had taken place.
The local plan background for the application site is set out earlier within this report, with policy L/OSNC/PR/1 setting out a general presumption against development within areas designated as open space or open space for particular purpose. In simple terms it could be said that the proposal is contrary to this general presumption against. However, it has to be recognised that the policy relates to the general situation and that it will always remain the case that there will inevitably be exceptions to such a general presumption. The purpose of the policy is to prevent inappropriate development from occurring in the countryside and, as such, it is considered necessary to have significant regard to the impact of the proposal, making a determination based on the effects of the use of the surrounding area.
In terms of considering the specifics of the proposal it has to be recognised that the applicant may have legitimately faced genuine difficulties in finding an appropriate secure storage depot and that the need for secure storage of sizeable and expensive machinery is understandable. It is therefore more appropriate to assess the specific impact of the use of the site. In terms of specific impacts it is considered the key issues are visual impact and effect on the public highway. In respect of visual impact it is concluded that public views of the site from distance are limited and that it is only really publicly visible from the adjacent road at the entrance to the site. The views into the site from that location can be suitably restricted by the use of gates. As such the visual impact of the use of the land is considered to be limited.
In terms of the impact on highway safety, as stated earlier in this report, the Department of Transport Highways Division have advised that they consider there to be no adverse traffic impacts arising from the proposal subject to the imposition of conditions. The recommended visibility splays are readily achievable within the constraints of the application site. Whilst this view is accepted it is considered, following site visit, that the width of the road from the MER crossing to the application site is limited and that the creation of passing place(s) would be highly beneficial. Given that this land is in the ownership of the applicant it would be possible to require the provision of passing place(s) as part of an approval. As the provision of passing place(s) would be beneficial to the wider area as well as the proposed use it could be argued that such provision is planning gain.
Having had regard to the above it is concluded that the planning application should be approved. However that recommendation is a finely balanced judgement and is made on the basis that the specific impacts of the use outweigh the general presumption against. In recommending approval it considered appropriate to require certain actions to be undertaken and certain controls to be imposed by condition. Firstly, the approval should be personal to the applicant to ensure that the use is not permitted to continue in perpetuity. Secondly, the approval should identify the permitted use of the site to ensure that the use does not unacceptably intensify. Thirdly, the approval should be subject to a requirement to submit details, and subsequently implement appropriate visibility splays and at least one passing bay. Finally, the use should cease if the applicant ceases to occupy the adjacent dwelling.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lonan Parish Commissioners; and The Department of Transport Highways Division.
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Society for the Preservation of the Manx Countryside and Environment.
| Recommendation | |
| Recommended Decision: | Permitted |
| Date of Recommendation: | 22.05.2007 |
| 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 | |
| C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. | |
| C 2. This approval relates to the use of the land defined by the red line on drawing no. 1094-01 date stamped the 22nd February 2007 and permits its use for the storage of vehicles and equipment directly related to the operation of the applicant’s arboricultural business only. No other use of the land is permitted by this approval. | |
| C 3. Within two months of this approval decision becoming final a scheme for the creation of at least one lay-by passing place within the land between the application site and the MER crossing must be submitted to and agreed by the Planning Authority. Thereafter, within six months of agreement by the Planning Authority the agreed scheme must be constructed and set out to the satisfaction of the Planning Authority. | |
| C 4. Within two months of the approval decision becoming final a scheme for the provision of access arrangements to the site must be submitted to and agreed by the Planning Authority. Such scheme must include provision for a) visibility splays of no less than 2 metres by 23 metres; b) no obstruction in visibility above 1 metre within the aforementioned visibility splays; and c) measures that prevent the opening of any gates into the highway. Thereafter, within six months of agreement by the Planning Authority the agreed scheme must be constructed and set out to the satisfaction of the Planning Authority. | |
| C 5. Within one month of the applicant’s cessation of occupation of the adjacent dwelling, Ballagawne Manor, as their primary residence the use hereby permitted shall cease and all material and equipment brought onto the site in connection with the use shall be removed to the satisfaction of the Planning Authority. | |
| Decision Made : APPROVED | Committee Meeting Date : 31/5/07 |
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