Loading document...
Application No.: 07/01744/R Applicant: Mr G Tyler-Roberts Proposal: Continuation to store building materials Site Address: Field 334292 Opposite Mount Pleasant Lhoobs Road Eairy Isle Of Man ### Considerations Case Officer: Miss S E Corlett Expected Decision Level: Planning Committee ### Written Representations {{table:303974}} {{table:303975}} {{table:303976}} {{table:303977}} {{table:303978}} {{table:303979}} {{table:303980}} ## Consultations Consulttee: Highways Division Notes: Insufficient detail provided Consulttee: Patrick Commissioners Notes: Objection made Consulttee: S.P.M.C. & E. Notes: Objection made
The site represents a piece of land on the southern side of the Lhoobs Road opposite an existing dwelling, Mount Pleasant Farm (which does not appear to be a working farm) which is occupied by the applicant. The land slopes downward towards but does not join the wetland which joins the Eairy Dam with Kionslieau Dam, to its west. The site is mainly rough ground with some post and wire fencing forming a square compound area accessed directly from Lhoobs Road.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is, not designated for development.
PA 84/0490 - alterations and extensions to form additional living accommodation and erection of garage - permitted PA 87/1810 - alterations and extension to provide additional living accommodation - permitted PA 92/0803 - replacement of porch with new conservatory - permitted on review PA 96/1260 - approval in principle for conversion of existing redundant barns into self-contained holiday accommodation - refused on review PA 01/1370 - conversion of barn to holiday cottage and erection of double garage - refuse on review PA 03/0461 - raising of land levels with top soil - refused on review.
Proposed here is retrospective permission for the storage of building materials. The application form states that these materials are required for maintenance and subsequent works to an outbuilding, an application which the applicant states is currently being compiled. There is no application in the system at present for any works to the site of the existing buildings at Mount Pleasant Farm. The items presently stored on the site include scaffolding, pipes and blocks.
There are objections to the application from a number of local residents: Ballamona Farm, Kionslieu Farm, Lake View, Lily Bank, Lhergy Moar Farm, Highfield, Eairy Mount as well as from Patrick Parish Commissioners, a resident of Port Soderick, Department of Transport Highways and Traffic Division and The Society for the Preservation of the Manx Countryside and Environment. The objections relate to the increased level and nature of traffic associated with the storage of materials on the site, the incidence of burning on the site, the resultant visual impact of the proposed use and the inappropriateness of the location of the site for such a use and associated traffic.
Whilst the application suggests that the materials are to be stored in connection with works to be undertaken on the adjacent residential site, there is no evidence to support the suggestion that there are any works proposed on this site or that the materials are relevant to these works. There is evidence that the site is being used as a builder's yard, including burning materials on site and this cannot be connected with the forthcoming building works at Mount Pleasant Farm. Whilst this is clearly a breach of planning legislation in that there has been a change of use of the site from Open Space to a Builder's Yard, it is also unsightly and the local authority could invoke its power under Section 14 of the 1984 Local Government (Miscellaneous Provisions) Act where it considers that the amenity of their area is seriously injured through the condition of vacant or other open land.
The site is in open countryside easily visible from the public highway alongside and from parts of the A24 Eairy-Foxdale Road. The use of the site as a builder's compound as is proposed is not acceptable in visual terms or in terms of the traffic which would be generated by such a use, bearing in mind the nature of the Lhoobs Road. There is insufficient evidence that the use is associated only with a specific or temporary building project to warrant setting aside the visual and road safety concerns in this case.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Society for the Preservation of the Manx Countryside and Environment and the resident of Port Soderick are not directly affected by this development and as such should not be afforded party status in this instance.
The following properties are sufficiently close to the site or the highways which adjoin the site or have a sufficiently direct view of the site as to warrant being afforded party status in this instance: Ballamona Farm, Lake View.
The occupants of Lhergy Moar and Highfield do not appear to have an access which is solely or directly onto Lhoobs Road.
The occupants of Kionslieu Farm are some distance (750m) from the site and Lhoobs Road would not appear to be their sole means of access.
Eairy Mount is some distance from the site and the occupants thereof seek interested party status as users of Lhoobs Road for horse riding which does not suggest a direct impact sufficient to warrant affording interested party status in this instance.
Lily Bank is some distance away and as such the occupants should not be afforded party status in this instance.
Recommended Decision: Refused Date of Recommendation: 29.10.2007 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The site lies within open countryside where industrial uses and the storage of industrial materials is generally not encouraged. In this case, the materials stored have a detrimental impact on the views of the site from the adjacent public highways and the use of the existing road network - namely Lhoobs Road, - for the type of traffic generated by the proposed use of the site as a builder's compound, for whatever period of time, is not considered to be in the interests of road safety or other road users.
The Planning Committee is not satisfied that there is a specific building project with which this builder's compound is associated which would offset the detrimental impacts identified above.
Decision Made : ... Committee Meeting Date : ...
Copyright in submitted documents remains with their authors. Request removal
View as Markdown