**Document:** Officer Planning Report Recommendation **Application:** 08/00494/C — Change of use from pasture land to managed habitat to include vegetable garden, polytunnel and summer house **Decision:** Refused **Decision Date:** 2008-07-25 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85208-lezayre-field-s-621389-dwelling-change-of-use/documents/1158302 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site The application site is located to the west of the B19 Dreemskerry Road, Maughold and is visible from the adjacent highway. The applicant describes the current use of the land as "derelict pasture" and comprises uncultivated land with gorse bushes. The site is directly adjacent to Dreemskerry Quarry. #### Planning Status The site is located within an area zoned as being of High Landscape Value and Significance in the 1982 Development Plan Order. The adjacent site is identified as Area for surface Mineral Working. The following policies within the Isle of Man Strategic Plan are considered relevant: General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - (c) does not affect adversely the character of the surrounding landscape or townscape; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." ## General Policy 3: "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 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." ### 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." Environment Policy 2: "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." ## Planning History Whilst there are no previous applications relating to the application site, it is considered that the following application which relates to the adjacent site is relevant: PA 07/01841 - Restoration and extension of Dreemskerry Quarry, Dreemskerry Hill, Dreemskerry, Ramsey. Application currently under consideration. ### The Proposal The application seeks approval for the change of use from pasture land to form a managed habitat. The proposal includes the creation of ponds and pathways and the creation of a paddock to the west of the application site which would accommodate a vegetable garden, polytunnels and composting area. To the south of the application site adjacent to Dreemskerry Road, a seating area would be created within an area identified as "Old quarry". A further seating area would be created to the east of the site, adjacent to the boundary with Dreemskerry Quarry and it is proposed to erect a summer house in this area. To the north and centre of the site, it is proposed to erect a Willow tunnel. ### Representations Maughold Parish Commissioners advises that they have no objections to the application and a resident of Port Soderick supports the proposal as they consider the proposal conforms to the principles of sustainable living. The adjoining landowners, Done (Isle of Man) Ltd advise that they have no objection to the proposal, but wish to remind the Planning Committee that there is a current planning application outstanding on Dreemskerry Quarry which has recently been called in by the Council of Ministers. As such, they draw the Committee's attention to the proximity of the application site to the proposed quarry works. ### Assessment The application proposes to cultivate an area of existing pasture into a managed habitat. Whilst the application does not seek to change the use of the land to form part of the residential curtilage in association with the applicant's property Rockside, by creating seating areas and walkways, the management of the land in the manner proposed would facilitate and encourage the formal use of the area in association with that property. In addition, the erection of a summer house in the location proposed would introduce features of a domestic scale into an otherwise agricultural or natural landscape, albeit one that is directly adjacent to a quarry. General Policy 2 (k) of the Isle of Man Strategic Plan states that "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development...k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;" The application site is located within an area zoned as High Landscape Value and Scenic Significance and is adjacent to an area zoned as an Area for Surface Mineral Working within the 1982 Development Plan Order, this being the current adopted plan for the area. Whilst the applicant may chose to sit in the area identified as "Meadow terrace", the erection of a Summer House in this area would formalise and encourage the use of this area for recreation and leisure. The proximity of such a leisure use it is considered, may prejudice the effective operation of the quarry, however, the quarry does not currently benefit from planning approval and a current application is yet to be determined. It is considered that the impact of the erection of the summer house, Willow tunnel and steps would introduce a domesticated appearance to the area, in effect extending the residential curtilage of the adjacent property, and would adversely impact on the appearance of the site within the Area of High Landscape Value and Scenic Significance, and therefore be contrary to Environment Policy 2 of the Isle of Man Strategic Plan. ## Recommendation It is recommended that the application be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: Maughold Parish Commissioners Mr T O'Mahony, Director Done (IOM) Ltd, Unit 15E, Tromode Estate, Tromode Accordingly the following parties are not granted Interested Party Status: Mr A Jessop, Seacliffe, Port Soderick, Braddan ### Recommendation Recommended Decision: Refused Date of Recommendation: 10.07.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. It is considered that the summer house, Willow tunnel and steps would introduce a domesticated appearance to the area, which would adversely impact on the appearance of the site within the Area of High Landscape Value and Scenic Significance in which the site is located, and therefore be contrary to Environment Policy 2 of the Isle of Man Strategic Plan. Decision Made : Committee Meeting Date : --- *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/85208-lezayre-field-s-621389-dwelling-change-of-use/documents/1158302*