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The application site comprises of a parcel of land located within a farm known as Ballakillingan, which is located in the Churchtown area of Lezayre.
The proposed development comprises of the construction of a domestic animal cremation facility within the application site.
Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS
Lezayre Parish Commissioners recommend that the planning application be refused on the grounds of omissions, general safeguards and the proximity of the site to a public footpath.
The Department of Transport Highways Division do not oppose the planning application.
The Disability Access Office requests that the needs of disabled access be taken into account.
The owner and/or occupant of Seacliffe, which is located in Braddan, object to the planning application on the grounds that they do not consider there to be sufficient justification for the proposal.
In terms of land use designation the application site is located within wider areas of land that are designated as a) private woodland or parkland; and b) high landscape or coastal value and scenic significance under the 1982 Development Plan Order 1982.
In terms of strategic plan policy, in addition to general policies setting out general planning considerations that are applicable to the assessment of a planning application the Isle of Man Strategic Plan 2007 identifies at A.5.2(j) of Appendix 7 that pet incinerators are categorised as a type of development that requires the submission of an Environmental Impact Assessment. As such Environment Policy 24 of the Isle of Man Strategic Plan 2007 is considered to be specifically material to the assessment of this planning application. Environment Policy 24 states:
"Development which is likely to have a significant effect on the environment will be required: i) to be accompanied by an Environmental Impact Assessment in certain cases; and ii) to be accompanied by suitable supporting environmental information in all other cases."
The planning application comprises of the construction of a domestic animal cremation facility within the application site. The main considerations in terms of assessing the proposal as the impact on public amenity, the impact on private amenity and the impact on highway safety.
In terms of the impact on public amenity the main issues to consider are visual impact and potential operational nuisance. Whilst the application site initially appears to be relatively distanced from public viewpoints a public footpath, as highlighted by Lezayre Parish Commissioners, does pass within close proximity of the application site. Visually the proposed building is basically the same size as the building it replaces and remains well related to the existing farm grouping that makes up Ballakillingan Farm. As such the visual impact of the proposed development is concluded to not be particularly different to the visual impact of the existing building and the impact consequentially acceptable.
In respect of potential operational nuisance it is recognised that the planning application is accompanied by a significant amount of supporting information to explain operational processes. Following the submission of additional information regarding emissions it is concluded that this supporting information effectively constitutes an Environmental Impact Assessment and that the requirements of the Isle of Man Strategic Plan 2007 have therefore been appropriately met. It is understood that when operational the facility would be subject to control through various other non-planning legislation, such as waste licensing. Given this and the relatively modest scale of the proposal it is concluded, subject to the imposition of a condition setting a maximum feeding rate of 50Kg/hr, that the proposal should not cause undue operational nuisance to the public amenity. The figure of 50Kg/hr is taken from Development Control Casebook examples and known DEFRA standards.
Given the nature of the proposal the Department of Local Government and the Environment's Environmental Protection Unit were consulted to see whether they had any comments regarding the proposal. Despite a number of reminders and being given adequate time to submit a response no view has been received from them. It is considered unreasonable to continue to defer the planning application further and on the basis of the extent of the information submitted with the planning application it is concluded that the planning application should be determined.
In terms of the impact on private amenity it is concluded that the relatively isolated location of the application site and the respective distances from residential properties is such that impact of the proposed operation on private amenity is suitably limited. As such the proposal is considered to be acceptable in this respect.
In terms of the impact on highway safety it is concluded that any increase in traffic arising from the proposed operation will not have any significant impact on highway matters. This stance is supported by the representation from the Department of Transport Highways Division.
Having had regard to the above it is concluded that the impact of the proposal is acceptable and that the planning application should be approved. The issue of need has been raised within representations to the planning application but is dismissed on the grounds that it is not considered necessary for the applicant to justify their reasoning for the proposed development. The proposal essentially represents a form of farm diversification.
It is recommended that the planning application be approved.
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:
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:
Recommended Decision: Permitted Date of Recommendation: 21.01.2008
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made: Permitted Date: 23.11.2008
Signed: _________________________ M. I. McCauley Director of Planning and Building Control
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