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22/01351/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01351/B Applicant : Mr & Mrs Gary & Christine Wilson Proposal Erection of a building for arboricultural use Site Address Ballavilley Dhoor Ramsey Isle Of Man IM7 4ED
Case Officer :
Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 27.02.2023
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. The use hereby approved is for the proposed arboricultural building shown on the proposed site plan and drawing no. P6441-01 only.
Reason: for the avoidance of doubt
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, General Policy 3 and Environment Policy 1 the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the documents, planning statement, location plan, proposed site plan and drawing no. P6441-01 date stamped as having been received on 19 Oct 2022. __
Interested Person Status - Additional Persons
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):
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Ballalherghy Cottage, Andreas Road, Ramsey
as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and/or __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER AND AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The site is the curtilage of Ballavilley, Dhoor, Ramsey.
2.0 THE PROPOSAL 2.1 The proposed is the erection of an arboricultural building.
3.0 PLANNING HISTORY 3.1 Erection of agricultural building was APPROVED under PA 90/01250/B. Condition 10 attached to the proposal states: "The premises shall be used for horticultural purposes and for no other purpose."
3.2 Certificate to make lawful the residential use of property in contravention of planning condition restricting occupancy to agricultural workers was AGREED under PA 10/01090/LAW.
4.0 PLANNING POLICY Site Specific 4.1 The site is not within an area with specific land use designation in the 1982 Development Plan, meaning it is considered to be part of the countryside.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 3, 5 o General Policy 2 (b) (c) (g) (m) (n) o General Policy 3 (f) o Environment Policy o Community Policy 7 and 10 o Infrastructure Policy 5
PPS and NPD 4.3 No Planning Policy Statement or National Policy Directive is applicable to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 There is no strategy or guidance relevant to this application.
6.0 REPRESENTATIONS 6.1 Lezayre Parish Commissioners has no objection on this application (17.11.2022).
6.2 DoI Highway Services does not object to this application (03.02.2022). The comment states: "significant negative impact upon highway safety, network functionality and /or parking."
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6.3 Owners/Occupiers of Ballalherghy Cottage, Andreas Road, Ramsey wrote in objection to this application (19.11.2022). The comment states that the proposal is not fit for purpose and the proposal is against the original planning approval.
7.0 ASSESSMENT Point of Clarification 7.1 While the application has claimed the arboricultural business has been in operation at the site for over at least 10 year, there is no evidence that previous applications have granted lawful use of the site for an arboricultural business and this is not a certificate of lawfulness application. Therefore, the application is considered to be erection of a building and the change of use of part of site, namely the proposed building, to be used for an arboricultural business.
7.2 Arboricultural business, or sometime known as a tree surgeon, is usually considered a form of contractors' yard and therefore is a use of its own (sui generis) rather than falling under general industrial use (class 2.3).
Elements of Assessments 7.3 The key considerations of this application are its principal, its impact the character and streetscene of the area and the amenities of the neighbours.
Principal of the Development 7.4 It is considered appropriate for an arboricultural business to be located in the countryside for its operation. Therefore, the proposal is considered to comply with General Policy 3 and the principal of having an arboricultural business in the countryside is considered acceptable.
Character and Street Scene 7.5 The building is of practical character. It is close to the existing building group and it is not visible to the public. Therefore, it is considered that there is no negative impact on the character and streetscene of the area.
Traffic 7.6 As there is no objection from highway services, it is considered that there is no concern for highway safety.
Neighbouring Amenities 7.7 The neighbouring dwelling is over 67m away. Therefore, it is considered that there is no additional negative impact on neighbouring amenities.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2, General Policy 3 and Environment Policy 1 the Strategic Plan. Therefore, it is recommended for an approval.
9.0 INTEREST 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 which the subject of the application is situated; and
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(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. __
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:...13.03.2023
Signed :...J SINGLETON... 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 13.03.2023
Application No 22/01351/B Applicant Mr & Mrs Gary & Christine Wilson Proposal Erection of a building for arboricultural use Site Address Ballavilley Dhoor Ramsey Isle Of Man IM7 4ED Planning Officer Mr Peiran Shen Presenting Officer J Singleton Addendum to the Officer Report
The Committee determined to approve the application subject to the Officer recommendation being updated to include an additional condition.
C 3. In the event that the building hereby approved is not used or required for arboricultural purposes for a period exceeding 6 months, the arboricultural buildings hereby approved shall be removed and the ground restored to its former condition within 12 months of its last use.
Reason: The building has been exceptionally approved solely to meet arboricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
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