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22/00165/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00165/B Applicant : Mrs Laura Sayle Proposal : Erection of a detached building as a studio for florist business Site Address : Ballacreg Dreemskerry Hill Dreemskerry Ramsey Isle Of Man IM7 1BE
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.07.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. No more than 8 florist events (i.e. workshops) shall take place in any one calendar year unless otherwise agreed in writing with the Department.
Reason: in the interest of local amenity and this is what has been proposed.
C 2. No more than six visitors in association with florist workshops at the studio may be on site at any time.
Reason: in the interest of local amenity and this is what has been proposed.
C 3. The building hereby approved may only be used by the occupants and owners of the main dwelling house "Ballacreg" for the operation of the florist business and for florist workshops only.
Reason: In the interest of residential amenities of "Ballacreg", the studio has been approved on the basis of the growing of flowers on this site and the interests of the character and appearance of the site and surrounding area.
C 4. The external flue hereby approved is required to be finished or painted/coloured a dark black/grey colour and be retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area
C 5. The external roof of the new building must be a dark grey/slate colour and the external walls either left in their natural state or painted a dark brown or dark green colour all being retained thereafter.
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Reason: In the interests of the character and appearance of the site and surrounding area.
C 6. Should the florist business cease to operate the building hereby approved shall only be used in association with the main dwelling house "Ballacreg" and for purposes incidental to the use of main dwelling house "Ballacreg" as a single dwelling and for no other commercial purposes.
Reason: The dwelling is within a single residential plot within an area not zoned for development where an exception has been made. The application does not propose to create separate units of accommodation within the site and has not been considered as such.
C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 Schedule 1 Class B or any order amending or replacing this order, no additional uses may take place at the site other than in accordance with an approval set out within a specific planning application.
Reason: given the nature and location of the proposal and the need to protect the countryside.
This application has been recommended for approval for the following reason. Overall, as indicated previously, the proposal would not comply with general planning policies. However, the proposal would have little visual impact upon the character and quality of the landscape, provides adequate on-site parking, would not adversely affect the amenities of local residents and the proposal would be beneficial to the local economy and provide a high quality and unique facility to members of the public and visitors to the Island. The growing of produce on the site for specific use for the florist business again on the site are further reasons why this type of development is more suited within the countryside setting rather than a town centre/industrial site.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;
15.02.2022 Location Plan Planning Information Covering Letter
18.05.2022 Email from applicants
27.05.2022 Email from applicants
01.07.2022 030 REV A __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE SEEN AS CONTRARY TO THE RECOMMENDAITON OF THE LOCALAUTHORITY BUT RECOMMENDED FOR APPROVAL.
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1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Ballacreg, Dreemskerry Hill, Dreemskerry which is a detached two storey house with a hipped roof and a single storey garage/stone extension to the side elevation. The dwelling is situated with substantial mature gardens (approximately 8 acres).
1.2 The property is situated to the south end of Dreemskerry Hill down a short driveway. To the rear (south west) of the property is the Manx Electric Railway. The property has substantial and mature roadside landscaping.
1.3 Whilst generally screened from roads the immediately adjacent to the site, the topography of the land and the presence of mature vegetation along the road sides also means that any wider views of the property are restricted. However, views from Maughold Road (west of Maughold Village) are achievable of the site.
2.0 PROPOSAL 2.1 The application seeks approval for the erection of a detached building as a studio for florist business. This is retrospective.
2.2 The proposed building (which is currently in place) which would accommodate the studio would be single storey with a width of 5 metres, a maximum depth of 11.1 metres (including covered area) and a ridge height of 3.7 metres. The building appears to be finished with timber cladding and a dark coloured roofing material. The building would be located on the same footprint as an existing outbuilding which would be removed and re use the existing concrete pad which is in place.
2.3 In terms of need and reasons for the proposal the applicants have indicated; "The studio will be used to service an existing florist business, I used the gardens to grow my own flowers to sell for wholesale and retail, weddings and events.
The studio will be used to cut, condition and prepare flowers for selling.
The studio will be used to meet with clients, this will likely be once a week in the summer season. The studio will be used to host seasonal workshops, approximately 4-8 workshops per year, with a maximum of 6 persons per workshop at any time.
The studio facilities (toilet) will be used during any planned open days for the flower field. Approximately twice per year, these will be ticketed events with a maximum of 10 people at one time on the field.
The studio will not be open to the public, a collection point for flowers will be made at the end of the drive, collection times will be between 8am-6pm. As we are offering a delivery services and a collection point at retail outlets across the Island, collection from Ballacreg will be minimal.
There will be no additional staff'.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications; however, none are considered material to the assessment of this current planning application. 4.0 REPRESENTATIONS 4.1 Garff Commissioners (received on 09.03.2022) have objected commenting; "It was felt that the building was too far away from building cluster and a location nearer to the main house was preferred by Members. The Board Object to the application pending the submission of amended plans or information that justifies the proposed location away from the current building cluster."
4.2 DOI Highway Services have no objection (received on 03.03.2022) commenting;
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"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking."
5.0 PLANNING POLICY 5.1 The site is within an area of High Landscape Value not designated for development and within woodland under the Isle of Man Development Plan Order 1982. The site is not located within a Conservation Area.
5.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
5.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
5.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
5.5 General Policy 3, which states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." 5.6 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
5.7 Environment Policy 15 states: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape
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and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
6.0 ASSESSMENT 6.1 The key issues with the application are; o whether the principle of the proposed building and uses as a business is appropriate on this site; o the potential visual impact the proposals would have upon the countryside, which is of high landscape value; and o Whether there is sufficient on-site parking.
Principle of development 6.2 In terms of the use of the building as a studio for a florist business there are no policies which support this type of development. General Policy 3 lists a number of types of development which are located within the countryside (i.e. land not designated for development), but this list does not include the development proposed. However, the Town and Country Planning Act 1999 sets out that applications should be considered against the Strategic Plan and any other material considerations. It should also be noted that while there are a number of overarching aims both within the Strategic Plan and Government wide, that support the expansion of businesses and the development of a diversified economy, although generally speaking there is a presumption that all new development should be located in established settlements. This is (a) to ensure the protection of the countryside for its own sake, and (b) to contribute to a sustainable pattern of development whereby vehicle movements are limited.
6.2.1 However, it is noted that the site is partially being used for the growing of flowers (Horticultural use) to cut and sell off site. Accordingly, the proposed building would have a direct link to the growing of flowers within the application site. Further, the growing of flowers does need a size amount of land to do this and therefore is a activity which is need to be outside of settlements, i.e. in the countryside. This is similar to stable building for example being allowed in the countryside as that is where horses are kept for example or agricultural buildings are associated with farms.
6.2.2 Accordingly, the principle of a studio for florist business is acceptable. There is of course an additional use to the studio to meet with clients, which the applicants have indicated would be once a week in the summer season and also to host seasonal workshops, approximately 4-8 workshops per year, with a maximum of 6 persons per workshop at any time.
6.2.3 The Department has allowed business to operate outside of settlements, within residential curtilage (as is proposed here) for example the "Food Shack" (PA 15/00185/B) outside of Bride Village, which allowed a single storey building to be used for cookery courses.
6.2.4 Whilst there is an argument that this should be within a town centre or industrial area, the main business operation (i.e. growing of flowers) is on the site, and arguably having all services contained on one site is arguable more sustainable, rather than having different elements of the business spread around the IOM. Accordingly, the principle of the building within the site is accepted.
The potential visual impact the proposals would have upon the countryside, which is of high landscape value 6.3.1 In relation to the potential visual impact the main policy to be considered is Environment Policy 1 & 2. This new build is on a similar footprint to an existing outbuilding in a poor state of
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repair. From nearby public highways (Dreemskerry Road- southwest, Ballajora Hill - south and Dreemskerry Hill - north) the proposed building would be well screened, given the distance, topography and surrounding mature landscaping. However, the site is mainly public visible from Maughold Road (west of Maughold Village) there the dwelling is apparent and the gardens. However, this building would likely be well screened given the mature woodlands to the north of the building. Further, the finish and colour of the building (should be conditioned) can help reduce the potential visual impact further.
6.3.2 There was some initial concerns of the "isolated" position of the building within the residential curtilage of the property and perhaps it would be more suitable if the building was closer to the main dwelling. This point has also been raised by the Commissioners. In response the applicants have advised: "The siting of the proposed studio will utilise an existing concrete hardstanding base ( from the summerhouse situated in this area ), therefore no new base required etc and very in keeping with the companies ethos of minimal waste / green credentials - The business is a partner of the IOM biosphere scheme, applying low impact growing methods, no chemicals or pesticides.
The growing space runs from the house to the proposed studio space, this is the only area on the property that receives enough hours of sun to grow flowers, again making the studio in this location entirely logical."
6.3.3 Some views maybe achievable the IOM Electric Railway which runs along the southwest of the site; albeit given the topography (railway set above the site) and landscaping between the railway line and the building the visual impacts would be reduced. Further, a summerhouse styled building is not uncommon within a residential curtilage.
6.3.4 Overall, given the single storey nature, design & finish of the building, it replaces an existing building and mature landscaping within and around the boundaries of the site, it is considered the visual impact would not adversely affect the countryside or harm the character and quality of the landscape.
Parking provision. 6.4.1 The application site has a large amount of hardstanding adjacent to the house and it is proposed this is where any visitors/deliveries would be parking. This raises not concerns. The only concerns related to whether the private lane which runs from the north-western boundary (Dreemskerry Hill) to the south-eastern boundary of the site, the latter then potentially access onto a lane which serves a couple of neighbouring properties onto Maughold Road. There is concern that any visitors would use this track, especially travelling towards the neighbouring properties to the south east of the site, as the access road is narrow and runs immediately past the properties, and could raise potential adverse impacts upon neighbouring amenities. On this point the applicants have stated: "The lane to the back of the house is not a servicing lane to the neighbours, they have no rights to this lane (confirmed legally in our deeds) and it has been blocked off, there will be no clients using this lane or parking at the studio. The lane has only occasional use by gardeners / tree surgeons serving the property and surrounding grounds."
6.4.2 It is noted no objection has been received from Highway Services in relation and additional traffic coming and going from the site. Accordingly, on this basis it is considered the proposal in this respect is acceptable.
7.0 CONCLUSION 7.1 Overall, as indicated previously, the proposal would not comply with general planning policies. However, the proposal would have little visual impact upon the character and quality of the landscape, provides adequate on-site parking, would not adversely affect the amenities of local residents and the proposal would be beneficial to the local economy and provide a high quality and unique facility to members of the public and visitors to the Island. The growing of produce on the site for specific use for the florist business again on the site are further reasons
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why this type of development is more suited within the countryside setting rather than a town centre/industrial site. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 18.07.2022
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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