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22/01148/B Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01148/B Applicant : Mr Ian Kelly Proposal To widen an existing vehicle entrance and associated works. Site Address Fields 321756, 321755 & 321758 Braaid Road Braaid Isle Of Man
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 19.07.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the use of the access hereby approved, the resurfacing of the first 6m of the existing access, and the cutting back of the height of the sod hedge to 1.05m to achieve the required 2m x 70m visibility indicated on the 'Proposed Block Site Plan' received 13 June 2023 must be undertaken in accordance with the approved plans, and shall thereafter be permanently retained as such. The re-surfacing must result in a bound surface such that no material is tracked onto the public highway.
Reason: in the interests of highway safety.
C 3. Prior to the commencement of the development hereby approved, a Precautionary Working Method Statement for breeding birds and common lizards, written by a suitably qualified ecologist, shall be submitted to Planning and approved in writing by the Department. The development shall only be carried out in accordance with the details as approved, and shall thereafter retained as such.
Reason: To safeguard statutorily protected species.
C 4. No development shall commence on site until a landscaping plan has been submitted to and approved in writing by the Department. The landscaping plan shall contain contains details of any planting to be undertaken on top of the lowered bank.
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Reason: In the interests of protecting and enhancing the biodiversity of the environment.
This application has been recommended for approval for the following reason. Whilst the proposal would result in some impacts on the character of the site (due to the alterations of the sodbank and introduction of a 6m wide concrete hardstanding by the access), the planning application has been designed to ensure its siting and appearance has limited impact on the character of this site and the wider countryside, given that the sodbanks would not be re-aligned but largely retained within its existing footprint. The scheme also has acceptable ecological and highway safety impacts, and there is sufficient agricultural justification for the access expansion and visibility improvements. The proposal is, therefore, considered to comply with General Policy 3, Environment Policy 1and Transport Policy 4 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the documents and plans date stamped and received 13 September 2022, Applicants Correspondence received 25 March 2023, and additional documents and Plans received 6 and 7 March 2023. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
White House, The Braaid, Braaid Road, Braaid, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Bluebell House, Braaid Farm, Braaid Road; Deerae, Braaid Road, Braaid;
as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION FROM THE LOCAL AUTHORITY WHICH IS RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The application site comprises Fields 321756, 321755 & 321758 which are situated on the northwest side of Braaid Road (A26). The red line area measures about 5.09acres and has its boundary where the access would be located measuring about 57.8m. There are no trees within the site area, although the site boundary is almost enclosed by sod banks. There is
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currently a field access into the field to the southeast end of the site and onto the Braaid Road, while another access sits north of the Braaid Hall situated on the northern side of Foxdale Road.
1.2 The site is situated within an open part of Braaid with the elevated nature of the site relative to the level of and the position of the nearest building group making it prominent from these positions.
2.0 THE PROPOSAL 2.1 The application seeks approval to widen an existing vehicle entrance and associated works. The proposed works would increase the access from 3.2m to 6m by removing part of the existing earth bank to the west of the access.
2.2 The existing sod bank to the west would also be reduced to about 1.05m from 1.8m (through the entire stretch of the field boundary which borders the road measuring about 57.8m). This would ensure that the required visibility is achieved. A new Land drain to be min 200mm wide drainage channel across driveway, connected to existing culvert via new pipe would be created. A sycamore tree situated west of the access and along the sodbank to be removed so that no obstacle higher than 1.05m is in visibility splay.
2.3 The applicants have provided a Planning Statement which sets out the goals of the proposal and details how the scheme would enable improved visibility from the access. This statement also states that the access would be finished in concrete hard standing for the first 6m of the farm lane measured from the side of the highway, so that a firm surface is provided and no mud or debris can be carried onto the public highway.
2.4 The applicants have also provided further land documents which seek to provide clarity on the fact that they would cease to have access via the existing access situated north of Braaid hall.
2.5 Following review of the application documents, the previous Planning Officer assessing the application asked that further information be provided to address the following in an email correspondence dated (14 November 2022): o Information on the existing access o Information on the extent of engineering operations required (as sod banking is to be removed but no detail of its width, height length required for removal has been provided) o Errors on visibility splay drawing o Details of existing tree position, number, species.
2.5.1 Additional information requested to justify and support the proposal: o Improper scale used on drawings to be corrected o Extent of the works and the changes being sought including elevations to understand works along the roadside edge and changes to hedge heights. o Correction of plans which incorrectly shows access to be 9m instead of 6m as proposed. o Information is provided to indicate how access is currently achieved into the fields, and which of the accesses would remain after the proposed access works. o Details of proposed surface finish and confirmation of the extent and position of the drainage channel and concrete apron.
2.6 Whilst most of the information required was provided, there is still no information on the wide of the existing sodbanks along the road side which the scheme seeks to lower by about 750mm.
2.7 No ecological information has been provided in support of the application despite the significant changes proposed to the mature sodbanks on the site boundary.
3.0 PLANNING POLICY
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3.1 The site lies within an area designated on the Area Plan for the East as land not zoned for a particular purpose. The site is not within a Conservation Area or prone to flood risks. There are no registered trees on the site, and the site is not within a registered tree area.
3.2 The Following parts of the Area Plan for the East Written Statement are considered relevant in the determination of this application:
3.2.1 Landscape Character Assessment - Braaid (D10) "Landscape Strategy - Conserve and enhance: a) the character, quality and distinctiveness of the area, with its open large pastoral fields; b) its Manx hedges; c) its scattered farm houses fringed by trees; d) its sunken and enclosed rural road network and its numerous archaeological features.
Key Views: Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the built-up edge of Douglas. Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part."
3.3 Given the site location and nature of the proposed scheme, the following parts of the Strategic Plan area considered relevant:
3.4 Environment Policy 1: "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."
3.5 General Policy 3 sets out a presumption against development in the countryside but includes instances where provision of new housing may be acceptable, including "(f) building and engineering operations which are essential for the conduct of agriculture or forestry." Further advice on agricultural development is provided as follows:
3.6 Environment Policy 4 protects biodiversity (including protected species and designated sites).
3.7 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
3.8 Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Town and Country Planning Act 1999, Section 45, defines; "agriculture" to include horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly".
4.2 IOM Biodiversity Strategy 2015 to 2025
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4.2.1 The strategic aims (In part): o Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.
4.2.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
5.0 PLANNING HISTORY 5.1 The application site has been the subject of a previous planning application for Erection of 4-bedroomed bungalow, (agricultural worker's dwelling), and erection of agricultural barn and the construction of a private access road under PA 21/01444/B which was refused by the Planning Committee on 9th August 2022.
5.1.1 The access which the current application seeks to alter was to serve the development proposed under PA 21/01444/B, as there was no proposal to create a new access but to rely on an existing access.
5.1.2 The submissions within this application also showed that the farm business is a substantial business which contributes considerably to agricultural production on the Island.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 The Department of Infrastructure (DOI) Highways Division have indicated that the proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to any obstruction within the visibility slay area being a maximum height of 1.05m and for all other access arrangements to accord to drawing titled 'Proposed Block Site Plan'. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent (14 October 2022/9 March 2023).
6.2 Marown Parish Commissioners Consultation Comments: 6.2.1 Comments received 22 October 2023: o The application is sited to be widening an access where none exists. They state that the current access to this field is by means of a gate near to the Braaid Hall and note that no additional reason is given for requiring an additional access. o They state that they have no objection to the access being created subject to there being no concerns expressed by DOI Highways. o They note that the access is described as a driveway on the plans. o The commissioners note that they cannot support concreting a distance of 6m in the open countryside for what would serve as a field access, and believe that this would create undue intrusion into open countryside and is unnecessary for a field access.
6.2.2 Comments received 16 March 2023: o They question the reason for an additional access to the fields. o They object to an access being created as no reason has been shown why the existing access close to Braaid Hall is not satisfactory. o They note the comment made by DOI Highways regarding the visibility splays and state that if the splay is substandard and there is a valid alternative, the entrance cannot be justified. o They further note that the access is described as a driveway on the plans, whilst also referring to the concreting of a 6m section of the field access.
6.2.3 In response to the comments made by the Commissioners, the applicants have made the following comments (26 March 2023):
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o They note that the photographs submitted with the application clearly show that there is an existing entrance that has been in place for many years, as the fields relating to this planning application once belonged to the Braaid Farm (now known as Bluebell House), there is a stone track leading from the existing gateway to the upper fields, however with the passage of time the track has become grassed over. o They state that their right of way over the route via Braaid Hall will be extinguished in May this year. o They also note that the existing arrangement of accessing the fields through the car park has been totally unsuitable for agricultural machinery due to the adverse camber on the car park entrance and the very narrow carriageway (at that juncture) combined with the restricted visibility in both directions whilst exiting the car park. o Additionally, they note that there has been numerous accidents on the Braaid Roundabout, which have invariably been caused by traffic entering the roundabout from the direction of the Braaid Hall colliding with vehicles entering the roundabout from the direction of St. Marks due to the restricted visibility in that direction. o They also state that the car park at the Braaid Hall is very often occupied by cars belonging to members of the public attending events in the hall, again it is very dangerous navigating through parked vehicles particularly with a tractor and attached implements.
6.3 DEFA Ecosystem Policy Team has made the following comments regarding the application (18 July 2023): It was not clear to the Ecosystem Policy Team on originally viewing this application that the works would include the lowering of around 57m of sod bank. There is a risk that legally protected nesting birds and feeding, breeding and sheltering common lizards could be damaged or destroyed by the works. They request that: o A condition is secured for no works to take place unless a Precautionary Working Method Statement for breeding birds and common lizards, written by a suitably qualified ecologist, has been submitted to Planning and approved in writing.
o A condition is secured for no works take place unless a landscaping plan has been has been submitted to Planning and approved in writing, which contains details of any planting to be undertaken on top of the lowered bank.
The owners/occupiers of the following properties object to the application: o Bluebell House, Braaid Farm, Braaid Road (29 October 2022/ 28 March 2023); o White House, The Braaid, Braaid Road, Braaid (25 October 2022/ 28 March 2023); o Deerae, Braaid Road, Braaid (26 October 2022);
6.3.1 Their comments border on the following issues: o Drainage issues with the concreting of part of the access. o They note that the applicants have utilised the access which is the subject of the current application a couple of times. o They further note that the farm access track is described as a driveway on the plans, whilst the Planning Statement refers to it as a lane. o They not that there is an existing means of access close to Braaid Hall. o They question whether question whether this application could be the first step in circumventing some of the objections raised resulting in the refusal of the previous application on the site. o They refer to the contents of deeds.
7.0 ASSESSMENT 7.1 With regard to the current application, the key considerations in assessing the application are: a. The principle of the proposed development; b. Potential visual impact of the proposed works to the area and surrounding countryside;
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c. Impacts on biodiversity; and d. Possible highway safety issues.
7.2 The principle of the development (GP3 & EP1) 7.2.1 In considering the justification for the development, it is noted that the site is not designated for development under the Area Plan for the East, and as such there is a presumption against development here. However, General Policy 3 makes provisions for possible exceptions for development on land not zoned for development in the countryside, such as buildings and engineering operations which are essential for the conduct of agriculture or forestry, which is the basis on which this application is being assessed.
7.2.2 The site comprises three agricultural fields which are currently in agricultural use, with the current scheme seeking to expand the already existing field access situated along Braaid Road, although the site also accessed via another access situated off the Braaid Hall grounds. Therefore, the issue here is whether there is sufficient agricultural justification for the current development in an area not zoned for development within the open countryside.
7.2.3 From reviewing the application documents, it has clearly articulated why the applicants seek to use the access which is the subject of the application as the key access to the site, noting the extinguishing of the rights to use the access situated off the Braaid Hall, as well as the need to create a safe access to the existing fields as justification for the proposal. These documents clearly provide insight into why the existing field access via the Braaid Hall would no longer be available to support the agricultural needs of the fields within the applicant's control. Whilst the contents of deeds and covenants (which form part of the submission to justify the development) hold no weight in planning decision making, as any determination under the Town and Country Planning Act 1999 can neither create nor detract from land ownerships, any right of way, or other civil legal rights and obligations as may exist between the parties, the applicants have clearly articulated in further correspondence dated 26 March 2023 that their rights of access via the Braaid Hall site was to be extinguished in May 2023, and no contrary documentation has been provided to dispute this claim. Thus it is considered that sufficient justification has been provided in this case.
7.2.4 Aerial Photographic evidence from the Departments records for 2012, 2015, 2018, and 2021 also show the fields have been actively used for agricultural production for these years. Therefore, it is considered that the principle of enlarging the existing access to improve safety and facilitate agricultural use of the fields is acceptable, and compliant with the requirements of GP3 and Environment Policy 1.
7.3 Visual impact on the Countryside (EP 1 & STP 4) 7.3.1 The works will change the appearance of this stretch of the site boundary with the highway by reducing the height of the existing sodbank which borders the road to enable the creation of the desired visibility splays from the field access. Whilst these elements of the proposal will inevitably change the appearance of the site boundary and alter the appearance of the sodbank, it is considered that the works would create the required visibility which would improve highway safety for this part of the road which supports vehicle speeds over 30miles/hour with limited visibility and high potential for accidents.
7.3.2 It is also vital to note that there are field boundaries along stretches of the highway (Braaid Road) which have low sodbank or varying heights of sodbanks. As such, it is not considered that this impact, although adverse would be sufficient to warrant refusal of the scheme, considering the benefits the proposal would have for promoting agricultural production and as the access would be the only working access serving the fields.
7.3.3 In assessing the visual impact of the 6m stretch of hardstanding created to ensure loose materials are not carried onto the adjoining highway, it is considered that a number of the properties (including field accesses) along Braaid Road A26 have their connections with the
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highway finished in concrete or hard bound surface, as such this element of the works would not be an aberration along Braaid Road. Besides, the scale of the works proposed to provide a bound surface to the 6m stretch of the access is not such that would result in significant visual impacts when viewed form the adjoining highway. Therefore, it is not considered that the finishing of the track would be at variance with the character the area and the surrounding landscape.
7.3.4 The comments regarding the impacts of the works on this part of the open countryside are noted. However, it is not considered that any harm that would result would outweigh the agricultural benefits of the proposal, given that suitable access to the fields would have to be created from Braaid Road noting the extant restrictions to accessing the site from the Braaid Hall site, and the fact the fields are almost entirely locked off from any suitable vehicular access.
7.4 Impacts on Biodiversity (EP 4 and EP1) 7.4.1 In terms of impacts on biodiversity, it is considered that the current proposal would reduce the height of the existing sodbank and cut off a 2.8m section of the existing sodbank to enable the expansion of the access to provide the appropriate access width and required visibility, and these have the potential to impact on the biodiversity which use the existing sod banks which as habitat. It should be noted that this holds the potential to dislodge biota along the site boundary.
7.4.2 Notwithstanding the factors highlighted above, the advice from DEFA Ecosystem Policy team is that conditions should be imposed to ensure that a Precautionary Working Method Statement for breeding birds and common lizards is provided prior to works commencing on site. They have also requested that no works take place unless a landscaping plan has been submitted to show details of any planting to be undertaken on top of the lowered bank.
7.4.3 Therefore, it is considered that the requirements of Environment Policies 4 and 5 has been met with the current application, considering the conditions would be appropriate for managing any impacts that could result from the proposal. Thus, conditions would be imposed to ensure that the preliminary ecological studies are carried out on the sodbanks prior to any works commencing to assess possible ecological potential of the sodbank, ascertain the potential impacts and ensure that the required mitigation measures are implemented to minimize impacts on biodiversity.
7.5 Impact on highway safety (TP 4) 7.5.1 Turning to highways safety impacts of the proposal, it is considered that the works would improve highway safety for vehicles accessing the exiting the fields and these align with the requirements of Transport Policy 4 of the Strategic Plan. The comments made by the neighbours regarding the hazards with using the existing access onto Braaid Road has been noted and it is considered that this proposal would serve to limit the hazard potential of the access to these fields, given that there would be no safety benefits in retaining the access in its current state.
7.5.2 Additionally, Highway Services comments that they have no concerns with the development, and that the development would be an improvement over the previous situation and would not have an adverse impact upon highway safety. They also have not indicated any concerns with the justifications provided for the scheme.
7.5.3 Based on the foregoing, it is not considered that the proposal would be at variance with the requirements of Transport Policy 4 in the current case.
7.5 Other Matters 7.6.1 The comments related to the reference to the access track as a driveway on the submitted plan is noted. However, it is considered that the Planning Statement clearly refers to
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the track as a farm lane. Besides, the Application Form clearly describes the works to involve 'widening an existing entrance leading to a farm lane, to improve visibility and safety. Therefore, it is not considered that there is lack of clarity on the proposal description, even though plan incorrectly refers to the track as a driveway.
7.6.2 The comment which relate to the fact that the proposal could be the first step in circumventing some of the objections raised resulting in the refusal of the previous application on the site is also noted. Notwithstanding, any proposal for development on the site would be the subject of a planning application and accessed within the remit of existing policies guiding development in the countryside. As such, it is not considered that incremental development is a concern in the current case. Besides, it is not unacceptable for developers to strive to overcome reasons for refusal in a previous application via an improved scheme.
8.0 CONCLUSION 8.1 Overall, it is considered that whilst the proposal would result in some impacts on the character of the site (due to the alterations of the sodbank and introduction of a 6m wide concrete hardstanding by the access), the planning application has been designed to ensure its siting and appearance has limited impact on the character of this site and the wider countryside, given that the sodbanks would not be re-aligned but largely retained within its existing footprint. The scheme also has acceptable ecological and highway safety impacts, and there is sufficient agricultural justification for the access expansion and visibility improvements. Therefore, it is recommended that the scheme is approved.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 07.08.2023
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Signed : P VISIGAH 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 07.08.2023
Application No 22/01148/B Applicant Mr Ian Kelly Proposal To widen an existing vehicle entrance and associated works. Site Address Fields 321756, 321755 & 321758 Braaid Road Braaid Isle Of Man
Planning Officer Mr Paul Visigah Presenting Officer As above Addendum to the Officer Report
The Planning Committee considered the application at its meeting on 7 August 2023 and agreed with the recommendation to approve the application subject to the officer's review of IPS for White House, The Braaid, Braaid Road, Braaid, to grant IPS.
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