**Document:** Planning Officer Report **Application:** 11/01595/B — Creation of a campsite and alteration to entrance driveway **Decision:** Permitted **Decision Date:** 2012-04-03 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1953-lezayre-field-s-134295-134296-alteration/documents/1260955 --- # Planning Officer Report [Table omitted in markdown export] ## Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT AND AS SUCH THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN ## The Site 1. The site is part of a farm holding situated on the northern side of the A3 TT Course immediately alongside the Sulby River. Ballakillingan, the principal holding contains a main, large dwelling which is accessed separately from the farm buildings. The access leads down a narrow lane to a complex of modern and older stone outbuildings with a clear way through to the open agricultural land to the north which extends beyond the river. 2. There is a public footpath which runs through the site - down the access from the TT course towards the farm complex before turning west and heading up towards the river where there is a pedestrian bridge over the river to more of the applicant's farmland and to the Garey Road and to the A13 Jurby Road to the north west. 3. The land is relatively flat until the farm buildings where the land slopes downward to the fields. The site is approximately 11 acres in size (4.6 ha). 4. The site is the field immediately to the north of the farm complex together with the access to the field and one of the modern farm buildings and part of one of the older stone buildings. ## The Proposal 5. Proposed is the use of the field as a camp site and the occasional use of the existing farm buildings included on the site as wet weather accommodation. The scheme involves the modification of the entrance, improving visibility by setting back and reducing the height of the entrance pillars and building up the level of the road so that drivers of emerging vehicles can see over the walling. A number of trees have been removed following consultation with the Forestry Officer to improve visibility to the east. 6. The modern barn which is to be available for wet weather use is a large open plan building which could be used for indoor games. The older building would provide sanitary facilities for the campsite. Both buildings are used for winter accommodation for animals and are not generally used throughout the summer. [Table omitted in markdown export] 7. The farm was previously a 400 acre intensive dairy farm which has changed recently to a less intensive varied farm of stock rearing and arable farming. The Countryside Care scheme introduced in 2009 for a nine year period aims to make farms self-reliant and sustainable, leading ultimately to production-led subsidies being phased out. The applicant states that the Department of Economic Development Tourism Division is in support of "another quality campsite in the north of the Island". 8. The applicants want campers to be able to learn about wildlife and farming and can experience the flower meadow and wetland habitat created on the farm in conjunction with the Agri-Environment Scheme operated by Department of Environment, Food and Agriculture. They intend to have twenty pitches within the field. 9. The applicant suggests that farm traffic has declined in frequency over the years and as such there would not be a conflict between farm traffic and campers visiting the site. They add that there has never been an incident involving pedestrians using the footpath and farm activity. There will be no structures or permanent development on the site as a result of the new use and as such, the field could be returned to agricultural use at any time. They consider that the camp site field is generally well screened from the footpath and where there are gaps in the existing vegetation new trees will be planted - oak and ash. 10. The applicant advises that the field has not flooded since the river was re-aligned in 1950 and in any case the campsite will only be operational between mid-April and mid-September which are the months with the least rainfall. Also these months are the ones when the livestock are in the fields and therefore there would be no conflict between campers and farming activities. 11. An overhead electricity line has recently been undergrounded within the field, removing any risk from this. ### Planning Policy And Status 12. The site lies within an area of High Landscape Value and Scenic Significance and close to an area of Woodland on the Town and Country Planning (Development Plan) Order 1982. On this plan there is also a feature of archaeological interest in the vicinity of the campsite. 13. As such Environment Policies 1 and 2 are applicable in this case along with General Policy 3: 14. 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." 15. Environment Policy 2 which states: "The present system of landscape classification of Areas of High Landscape of 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 difference 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." 16. General Policy 3 states: 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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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". 17. Also of relevance is Environment Policies 10 and 13 which relate to flooding: 18. Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." 19. Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." 20. The Plan's policies on Tourism state that no lesser constraints will be placed upon tourism-related development than on other forms of development in undesignated areas. Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted." 21. It is also relevant however, that camp sites are generally sited in rural areas and that there are no sites identified as such in countryside in the north of the Island. ### Planning History 22. Planning permission was refused last year (PA11/00447/B) for the creation of a camp site on this site. The reasons for refusal related to the adverse visual impact the campsite would have, the inadequate visibility splays available at the entrance, the absence of a flood risk assessment and mitigation measures and the potential conflict between farming activities and the campers. ### Representations 23. Department of Environment, Food and Agriculture Fisheries Division express concerns regarding the proximity of the development to the river. 24. Lezayre Parish Commissioners do not oppose the application. 25. Highways Division do not oppose the application 26. A resident of Douglas indicates that he does not consider that the development complies with the provisions of the Development Plan and that the campsite would not enhance the experience of walking along the footpath to the side of the site. 27. In addition, Manx National Heritage indicate that they do not consider that the application would adversely affect the archaeological feature of interest. ### Assessment 28. The site is not designated for development and as such, the proposal would be contrary to the provisions of the Development Plan. It is also relevant that camping facilities are generally on land which is not designated for development and there are no sites which are designated for camp sites or tourism where a camp site could be accommodated. Glen Wyllin for example is within an area designated as Forestry Board Glen, Glen Lough in Marown is on land designated as Open Space and High Landscape Value and Scenic Significance and the only camp site on the Island which is on land designated for camping is at Peel within the town boundary. 29. The applicant has demonstrated that the previous reasons for refusal have been overcome: whilst the site lies within a flood risk zone, the site is considerably higher than the river and the land on the opposite side of the river is lower and would thus flood before the application site. In any case the applicant has devised a flood evacuation plan which will involve a bell warning, a prescribed evacuation route from the camp site and a building inside which campers will congregate for a roll call. All staff will be briefed on flooding risk. 30. Access has been resolved and there is no longer an objection from the Highway Authority. 31. The applicant has indicated that there will be no conflict between farm activities and the camp site as the time when the field will be used for camping will coincide with the stock being in the fields rather than on the yard. 32. The application is finely balanced. Whilst the site is not designated for development, there are no sites so designated and existing camp sites are on sites which are on agricultural land/open space, some in areas of High Landscape Value and Scenic Significance. The site is alongside a public footpath but this is generally well screened and the footpath passes close to the farmyard before passing alongside the field to the river crossing. Additional tree planting is to be introduced to reduce any visual impact. 33. In terms of the proximity to the river, DEFA has now received a completed form relating to Development Within 8m of a Watercourse and raise no objection provided that the campsite is only operational between May and September and that no development is undertaken within 8m of the watercourse. There is no built development proposed at all. 34. As such, it is considered that the proposal will not result in any built structures, no permanent change to the field which could be returned to agricultural use at any time and a good use of an agricultural field which will not result in any adverse impact on the environment or any neighbouring land users. As such the application is recommended for approval. ### Party Status 35. The local authority, Lezayre Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 36. The Isle of Man Water and Sewerage Authority, Manx National Heritage and Department of Environment, Food and Agriculture are statutory authorities who raise material considerations and as such should be afforded party status 37. The Manx Electricity Authority do not raise material considerations and as such should not be afforded party status 38. The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. 39. The resident of Douglas is not directly affected by the proposal and should not be afforded party status ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 23.03.2012 ### 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.** The development hereby permitted shall commence before the expiration of four years from the date of this notice. **C 2.** This permission relates to the alterations to the access and to the use of the field as a camp site all as shown in drawings 19.1.11 and the site and location plans all received on 16th November, 2011. **C 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 commencement of the approved use. 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 a similar size and species. **C 4.** The field may be used as a camp site only between 1st May and 30th September in any year. 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 : ... Signed : ... Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/1953-lezayre-field-s-134295-134296-alteration/documents/1260955*