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22/01526/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01526/B Applicant : Mr Allan Peter King Proposal : Erection of a poly tunnel for domestic use Site Address : Sea Dawn Ballaragh Road Laxey Isle Of Man IM4 7PN
Planning Officer: Miss Lucy Kinrade Photo Taken : 23.02.2023 Site Visit : 23.02.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.02.2023 __
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. In the event that the use of the polytunnel hereby approved ceases for a period exceeding 12 months, the polytunnel and any supporting structures shall be removed and the ground restored to its former condition within 3 months of the date of the cessation.
Reason: The building has been exceptionally approved solely to meet a specific need and its subsequent retention would result in an unwarranted intrusion in the countryside.
This application has been recommended for approval for the following reason. Although the land is not designated for development, the proposed poly tunnel is considered to be acceptable an exceptional basis due to the intended use for growing of produce in association with 'Sea Dawn' and due to its siting being in close proximity to the existing dwelling and read amongst the cluster of surrounding development along Ballaragh Road and not to result in an unacceptable visual impact or to harm the rural landscape and countryside character in this location, and not to result in any neighbouring amenity impacts. The application is considered to comply with Environment Policies 1, 2, 15 and 17 of the Isle of Man Strategic Plan 2016 and with the principles of General Policies 3(f) and 2 (b, c, g).
Plans/Drawings/Information; This approval relates to the following information:
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22/01526/B Page 2 of 4
DWG E1044-001-PD Rev A Location Plan Proposed Floor Plan
Site Plan Covering letter
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site edged red on the submitted plan sits on the southern side of the Ballaragh Road and behind those dwellings lining the roads. The site is within land under ownership by 'Seadawn', although sits behind 'Mylon'.
2.0 THE PROPOSAL 2.1 Approval is now sought for the erection of a polytunnel at the site. The proposed polytunnel is to measure 15.24m long x 4.27m wide, and 2.48m at its highest point and is to be angled with its shortest ends facing towards the rear boundary of 'Mylon' and down towards the coastline, and its longest edge parallel with south west boundary.
2.2 On speaking with the applicant they confirmed (by phone) that there would be no changes to the levels of the land and that the polytunnel would sit directly onto the earth ground and follow the slope of the site. There was to be no concrete base. Application form states no changes to levels.
3.0 PLANNING HISTORY 3.1 There have been no previous applications at the site considered to be materially relevant to this application.
4.0 PLANNING POLICY 4.1 The application site is located within an area not designated for development on the Area Plan for the East 2020. The interpretation and definition of the word 'agriculture' includes horticulture. General Policy 3 sets out a number of exceptions to development in the countryside and which includes for agricultural use and which would be the starting policy in this case. Also relevant would be Environment Policy 1 which seeks to protect the countryside for its own sake, Environment Policies 15 and 17 in respect of visual appearance and best location of such agricultural or horticultural buildings and Business Policy 1 in respect of growth of the Islands businesses. The site is also located in landscape area D2 which also covers the main Laxey Village where the Area Plan states that the strategy to conserve and enhance the a) character, quality and distinctiveness; b) small-scale field pattern; c) valley bottom woodland along National Glens; d) the setting of the various historic and archaeological features within the area. Its key views forming "dramatic views to an upland backdrop to the North and West...channelled views East and West along the corridor of Laxey Glen...Views to the instantly recognisable Lady Isabella water wheel as a landmark within the area...Panoramic views eastwards across the sea from areas of higher land within the character area." General Policy 2 also contains the general standards towards acceptable development including impact on neighbouring amenity and surrounding visual setting.
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22/01526/B Page 3 of 4
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Garff Commissioners - no objection (06/01/2023) - The size of the polytunnel 15.24M X 4.27M x 2.48m high was noted as well as its location behind the row of properties that line the road on the seaward side at the summit of Ballaragh. The view of the polytunnel from the 'distant' A2 below was considered; this aspect was not felt to be significant in terms of visual intrusion. The fact that Highways had not objected and that there was no comment from neighbours was also noted.
5.2 Department of Infrastructure Highway Services - No highways interest (21/12/2022).
5.3 No comments received from neighbouring properties.
6.0 ASSESSMENT 6.1 The application indicates that the proposed polytunnel is to aid in the growing of vegetables but will be used on more of a domestic level in connection with the main house, rather than a larger agricultural operation. Environment Policy 15 requires agricultural or horticultural development to be positioned as close as practicably possible to existing development, while it would be preferred to have the structure located clearly within the residential curtilage, its proposed location sits in very close proximity and directly behind the houses lining the road. In a similar conclusion to those comments made by the local Commissioners, it may be that the polytunnel is seen from a distance along the A2, but given its size and close proximity to the existing houses any views are likely to be read in conjunction with the surrounding cluster of development along this part of the sloping hillside and not to result in any adverse visual harm or any unacceptable spread of development which would harm the overall landscape here which is somewhat characterised by the clustered linear development along the Ballaragh road.
6.2 Following discussions with the applicant, they confirmed that the polytunnel would be installed directly onto the sloping ground and that there would be no changes to the levels of the land nor any concrete base. The dwellings along the road including 'Mylon' sit at a higher level with views over the land and site below. Minded the proposal sits direct on the ground, is fairly low height level and sitting on land below the houses that it will not result in any overshadowing or overbearing impacts and will not result in any harm to general outlook or to impact living conditions or general amenities to the application dwelling, 'Mylon' or adjacent neighbours.
7.0 CONCLUSION 7.1 Although the land is not designated for development, the proposed poly tunnel is considered to be acceptable an exceptional basis due to the intended use for growing of produce in association with 'Sea Dawn' and given its siting being in close proximity to the existing dwelling and read amongst the cluster of surrounding development along Ballaragh and not to result in an unacceptable visual impact or to harm the rural landscape and countryside character in this location, and not to result in any neighbouring amenity impacts. The application is considered to comply with Environment Policies 1, 2, 15 and 17 of the Isle of Man Strategic Plan 2016 and with the principles of GP3(f) and GP2(b, c, g).
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;
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(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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 24.02.2023
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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