**Document:** Officer Report 09/01502/A **Application:** 10/01491/B — Erection of a field shelter, extension of hardcore track (both retrospective), erection of a barn and creation of a hardcore yard area **Decision:** Refused **Decision Date:** 2011-05-06 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/70-lezayre-field-number-134889-extension-outbuilding/documents/1238935 --- # Officer Report 09/01502/A ## 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] [Table omitted in markdown export] ### Officer's Report The application is before the Planning Committee as the recommendation is contrary to the views of the Local Authority. #### Site The application site forms the residential curtilage of Kerrowmoar Farm, Kerrowmoar, Sulby, which is a large two storey detached property, located on the southern side of the Lezayre Road and east of Sulby Village. ## Department Policies The application site is within an area recognised as being an area of "White Land", under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Development Plan Order 1982 - Isle of Man Strategic Plan 20th June 2007 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- ### "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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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." ### "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(1) 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." ### Planning History There are no previous planning applications which are considered relevant in the assessment and determination of this application. Alterations and extensions to main dwelling, erection of a detached garage and creation of a vehicular entrance onto access lane and alterations to access lane entrance onto highway -04/00033/B - APPROVED ### Proposal The application seeks approval for the approval in principle for the erection of a cattery building with associated parking. The cattery and car parking have been indicated on the indicative plan, being sited to the south east corner of the application site, approximately 33 metres south of the main dwelling house and 100 metres form the Lezayre Road. As well as the proposed cattery and associated parking the application would require works to the northern boundary of the site. These works are to enable improved visibility, especially towards the west of the site (towards Sulby). ## Representations ### Lezayre Parish Commissioners:- "Having studied the new plans at length my Commissioners still have concerns regarding the access and egress. When leaving the site the line of sight to the corners each side is poor." Highways Division do not oppose has no traffic management, parking or road safety implications:- "Note: Visibility would be improved if the stone wall and scrub were reduced to entire length of the planning site to 1.05 metres. This is achievable within land owned by the applicant. Clear road markings when exiting the drive need to be clearly marked out indicating to motorists what side of the drive they should be on." The Manx Electricity Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The owner/occupier of 33 Ballaquark, Douglas, makes no comment on the application but declares an interest. The Authority has received no other privately written representations objecting to the application. ### Assessment The main issues to be considered in the assessment of this application are the impacts of the development upon the surrounding area, impacts upon neighbouring residential properties and the access alterations resulting in potential visual impacts. There are no specific policies which provide guidance on this type of development. General Policy 3 sets out the exceptions made to the strong presumption against development within the Manx countryside. No provision is made for boarding catteries although it is noted that Environmental Policy 21 makes provision for the stabling of horses. Such provision recognises that horses are generally kept in the countryside and as such it is reasonable to allow modest housing to cater for this need. Through previous applications for boarding catteries and kennels, it has been concluded that given the nature of the use and the need for some space for the building itself, parking for customers etc, it is not likely that such a use could easily be accommodated in a built-up area. It has also been considered, not to have such development within or close to residential properties, given the potential for noise (from boarding animals) and disturbance that is likely to result. In relation to the decisions made on previous applications for boarding catteries on the Island, there is a consistent approach which sets out that catteries are generally not appropriate developments within residential areas due to the potential for noise and disturbance that is likely to result. This approach must however be balanced against the presumption against development in the countryside. The application is an approval in principle so the drawings submitted only show an indicative layout of the proposed cattery and associated parking area. Therefore at this stage it is not possible to give consideration to what exacted the impact of such development would have upon the countryside. However, the siting of the cattery in the southeast corner of the site would screen the proposal when viewing from the east, south and west of the site given the mature landscaping which exists. The main view would be from the Lezayre Road, which currently the majority of the site is screened due to a 1.5 metre (Approx) high stone wall, with a small grass bank, which also has a number of bushes varying in height. However, the site is clearly visible from the northwest corner of the site, as there are no hedges or planting along this part of the boundary, but the 1.5 metre high wall does exist. It is perhaps important at this stage to consider the proposed access alterations, as these have a direct impact upon the northern boundary of the site, and would consequently make the proposal more apparent (short term) within the countryside. As indicated within the history section of this report, alterations were previously made to the entrance to provide better visibility when exiting the site. Visibility from this entrance is not a concern when viewing to the east of the site towards Ramsey. The concern is when viewing to the west towards Sulby Village. The road is has a speed limit of 50mph. The Highway Division require visibility splays of 2 metres by 160 metres. Even with the alterations already made, the visibility in a western direction is poor and cars are only apparent when they are exiting around the bend (approx 50 metres away). This makes turning right at the site a potential highway safety issue, as the driver would be exiting onto a fast stretch of road with little visibility. Due to this concern, to improve highway safety for both exiting users (Kerrowmoar Farm and Kerrowmoar) and for users of the cattery the applicant has been in discussion with the Highway Division, the Planning Authority and the Forestry Division (DAFF). The proposal would result in the loss of a large mature tree, and would required an total of 30 metres of the existing stone wall and grass to be removed or lowered to a maximum height of 1.05 metres. This equates to a total of 0.3 metres of grass and the stone walling to be reduced in height. Additionally, minimal topping of the existing hedgerow would also be carried out, whilst some of the existing gorse and scrub will also be removed in part. The proposal would give visibility splays of 2 metres by 88 metres which is an improvement over the current situation. These alterations to the northern boundary in the short term will have some impact upon the visual appearance of the area, whilst the works are being undertaken. The applicant has proposed a tree planting scheme (30 trees) along the entire northern boundary to screen the site, but also to mitigate the loss of the single mature tree. The Authority contacted the Forestry Division regarding the potential loss of the single mature tree, which is near to the access which direct blocks views in a westerly direction. The Division indicated that they consider the tree to be a reasonable specimen and as there are few trees along this section of the highway, they ideally would like to see it retained. However, they indicate that given the highway safety reasons, they can appreciate the problem. Because of the proposal and potentially more traffic, they felt the removal of the tree is acceptable in the context of the application, but would like a tree planting scheme to be implemented in the vicinity. The indicative siting of the cattery is near the existing buildings of Kerrowmoar Farm, which comprise of a large two storey dwelling and a detached garage. It could be required that the cattery be moved closer to the detached garage to further group the proposal with the existing buildings. However, even with the indicative scheme the proposal would not be sited in an isolated position within the garden of Kerrowmoar Farm. As this application is in principle, it is not possible to fully determine the appearance of the proposal. However, given that timber is generally the finish method of catteries/kennels, they normally have a similar appearance of stable blocks. 10 March 2010 In terms of the potential impact upon residential amenities, the closest property would be Kerrowmoar, approximately 100 metres away. The occupants/owners of this property are also the only other uses of the access lane/drive. They also farm the surrounding land, therefore the access arrangements will also be of benefit to them. Discussing the scheme with the applicant prior to submission, they indicate that the cattery would operate on an appointment basis only, to prevent a large number of visitors converging on the site at any one time. Overall, it is considered with the exception of the mature tree, the alterations to the boundary would be modest, and the highway safety benefits which would be gained, overcome the concerns of the loss of the mature tree and the alterations. In terms of the principle of the proposal, given the proposal could be sited near to the existing group of buildings within the site, the existing boundary treatment surrounding the site, and as this type of development is best suited within the countryside, it is considered the principle is acceptable. **RECOMMENDATION** For the reasons given, the proposal would comply with relevant policies as stated within the Isle of Man Strategic Plan for the reasons given and therefore it is recommended that the application be approved. ## **PARTY STATUS** It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- - Department of Transport Highways Division - Lezayre Parish Commissioners - Forestry Division (DAFF) It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:- - The Manx Electricity Authority - The owner/occupier of 33 Ballaquark, Douglas **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 10.03.2010 **Conditions and Notes for Approval / Reasons and Notes for Refusal** - **C : Conditions for approval** - **N : Notes attached to conditions** - **R : Reasons for refusal** - **O : Notes attached to refusals** C 1. 10 March 2010 09/01502/A Page 5 of 6 Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced. C 4. This approval relates to the approval in principle for the erection of a cattery building with associated parking as proposed in the submitted documents and drawings 09 0577 01, 09 0577 02 and 09 0577 03 all received on 11th September 2009 and 11th December 2009. C 5. Any future Reserved Matters application should include existing and proposed elevations of the northern boundary. C 6. Any future Reserved Matters application should include a detail landscaping scheme. C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission. C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the latter. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made: Committee Meeting Date: 10/3/10 Signed: Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate 10 March 2010 --- *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/70-lezayre-field-number-134889-extension-outbuilding/documents/1238935*