**Document:** Officer Report
**Application:** 16/00892/B — Alterations and erection of extension to existing agricultural building / workshop
**Decision:** Permitted
**Decision Date:** 2016-09-07
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/21038-marown-close-veg-glen-darragh-road-alteration-extension/documents/1009424

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# Officer Report

**Application No.:** 16/00892/B
**Applicant:** JDW Engineering Limited
**Proposal:** Alterations and erection of extension to existing agricultural building / workshop
**Site Address:** Site adjacent to Close Veg Glen Darragh Road Glen Vine Isle of Man Case Officer : Miss S E Corlett
**Expected Decision Level:** Officer Delegation

Officer’s Report THE SITE

1.1 The site is a parcel of land which lies between two existing dwellings - Close Illiam and Close Kiare to the north which are both within the ownership or control of the applicant, and Close Veg to the south which is also in the ownership or control of the applicant. Also to the south are Thie Darragh and Close Mooar which are in separate ownership. Thie Darragh sits immediately alongside the access into the application site. - 1.2 Within the site are two buildings - a storage shed/workshop and a sales area and office. The larger of the two, the storage shed/workshop is 13.7m by 12.3m and 6.1m tall. This building is mainly clad in green coloured box profile sheeting and has a roller shutter door which has dimensions of 4.1m by 3.5m and sliding doors which open out to an area of 4.6m by 3.5m. - 1.3 The building sits back from the road and the buildings on it are not prominent in the streetscene. When one gets closer to the buildings it is clear that the industrial shed and shop sit between two residential units, which are currently owned and occupied by Messrs Collister who are involved in the business. - 1.4 The area used for the industrial business is on site in accordance with the approved Certificate of Lawfulness (see below). THE PROPOSAL

2.1 Proposed is the extension of the main building on site, adding one bay to the width of the building - 4.6m more than the existing, adding a third more to the width of the building. The building is also to be raised by 610mm as was previously approved for the existing building (see below). The extension will accommodate an access door at the front, similar to others in this elevation, a pedestrian emergency door in the side elevation and an access door in the rear similar to that proposed in the front. As with the earlier application, the external cladding is to be changed from light green to dark green. A new fire exit is to be introduced in the existing gable at the other end of the building. - 2.2 No alterations are to be made to the curtilage or access or to the use of the site. A new waste water treatment works is proposed within the site.

2.3 The applicant explains that they have been operating from the site for 25 years and the proposal is to create space in which repaired vehicles and those awaiting repair may be stored awaiting collection. Outside storage of such equipment and vehicles has led to their deterioration and issues of health and safety.

PLANNING HISTORY 3.1 The site has been the subject of a number of applications, some of which are highly relevant in the consideration of the current proposal:

- i. PA 15/00251/B alterations including raising of roof height - approved
- ii. PA 12/00109/B - Extension to existing agricultural building / workshop, creation of sod hedge and increase in yard area curtilage Status - Refused at Appeal 30th July 2012

The reason for refusal was that: "The proposed development is contrary to Environment Policies 1 and 2 as defined by the Isle of Man Strategic Plan 2007 in that it would result in an unacceptable intrusion into the countryside which would have a harmful impact upon its character and quality."

The appeal inspector hearing the appeal by the applicants into the refusal notes that the Eastern Area Plan has not yet commenced and any supposition about where the boundary of the settlement of Glen Vine may be is not something on which an argument in favour of the application could be found and the site is properly considered as being part of the countryside. As such, the proposal to extend the property was considered to be visually harmful to the amenities of the countryside and would also be likely to give rise to an intensification of the applicant's business which would also harm the amenities of the countryside. He considered the impact of the extension on the amenities of those in adjacent dwellings, including those currently in the ownership and occupation of the applicant or those associated with the applicant's business and concluded that there would be no significant change as to justify refusal of the application for that reason.

- iii. PA 11/01588/LAW - Application for a Certificate of Lawful Use to make lawful the existing use of the site as an agricultural machinery dealership Status - Certificate of Lawful Use Approved - 12th January 2012 Conditions

1. The submitted application contains evidence sufficient to demonstrate that the land and existing buildings contained within the application site have been used as an agricultural machinery dealership for a period of time in excess of ten years.

- iv. PA 97/00395/B - Erection of agricultural building, Close Veg, Glen Darragh Road, Glen Vine, Marown. Status - Permitted 15th July 1997 Conditions

- 1. The building may be used only for agricultural purposes.
- 2. All external sheeting must be coloured dark green (olive green or juniper green as shown in

the submitted colour chart.)

- 3. All planting, seeding or turfing comprised in the approved details of landscaping must be

carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings whichever is the sooner . Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of similar size and species.

- v. PA 84/00724/B - Erection of garage workshop, Close Mooar, Glen Vine, Marown. Status - Permitted PLANNING STATUS AND POLICY

4.1 The site lies within an area designated as open space within a wider area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order 1982. As such there is a presumption against development in this case. The main building on the site was approved as an agricultural building which was then used unlawfully for the repair of agricultural machinery for such a period that the Department was unable to issue an enforcement notice and a Certificate of Lawfulness was subsequently granted for the use of the building and site as an agricultural machinery dealership. REPRESENTATIONS - 5.1 Marown Parish Commissioners and Highway Services indicate that they do not oppose the application (19.08.16 and 18.08.16). ASSESSMENT - 6.1 The issues in this case are therefore whether the physical increase in size of the building increases the visual impact of the building to the detriment of the countryside such that the application should be refused in the same was as was PA 12/00109/B.

6.2 The building is not generally visible from the Glen Darragh Road - whilst the roof can be seen, one has to stop and look for it. The building is visible from the former railway line public footpath (Heritage Trail) although the view is restricted to a short stretch of around 22m where the newly planted conifers are not yet tall enough to screen the buildings as do the more mature conifers on each side although the buildings may be seen at a lower level if one stoops to look. From this gap, the building is visible but as are the buildings on each side, the polytunnel and parked vehicles. The field between the building and the railway line is used for grazing donkeys and ponies. - 6.3 Whilst the building is being made taller and longer, it is also becoming darker through the recladding which will offset any increased impact through the increase in height which, in any case is considered negligible in terms of the overall height of the building. There should be no discernible change in the nature or intensity of the building's use and as such the application is considered to be acceptable.

## PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 05.09.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The building, including the extension, may be used only as an agricultural machinery dealership and associated workshop. Reason: to accord with the lawful use of the site.

This decision relates to drawings 10, 11 and 12 all received on 29th July, 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 06.09.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

## 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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/21038-marown-close-veg-glen-darragh-road-alteration-extension/documents/1009424*
