**Document:** Planning Officer Report
**Application:** 11/01740/B — Installation of a sealed cesspool and single portable toilet
**Decision:** Permitted
**Decision Date:** 2012-02-03
**Parish:** Jurby
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/2094-jurby-west-loughan-swimming-pool/documents/1262832

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# Planning Officer Report

Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

## Officer's Report

### The Site

1. The site is an agricultural field which is 1 hectare in size and which lies to the east of The Bretney public sector housing estate on the northern side of Jurby village. Immediately to the west of the field is Ballagarraghyn Farm.
2. The field has an access onto the B3 highway via an existing gateway at the eastern end of the frontage which is 90m long.

### The Proposal

3. Proposed is the installation of a stand alone waste water treatment facility to serve a portable toilet. The applicant is simultaneously applying for Building Regulation approval for this. The facility will be 2.3m in diameter, 3.4m deep and will have its cover visible above ground. The field is regularly used for dog training and for dog shows and the permanent wastewater treatment facility will reduce the expense and number of portaloos required.

### Planning Status And Policy

4. The site lies within an area of Open Space on the Town and Country Planning (Development Plan) Order 1982. Ballagarraghyn Farm lies at the eastern edge of an area of Proposed Predominantly Residential use.
5. General Policy 3 sets out the types of development which may be permissible within the countryside. However, none of these could be said to justify the proposed development.

### Planning History

6. There have been no planning applications submitted in respect of this site.

### Representations

7. Jurby Parish Commissioners indicate that they do not oppose the application.

### Assessment

8. Whilst there is no provision for the installation of wastewater treatment facilities within the Strategic Plan, to service a recreational use such as dog training and dog shows, it is clear that such facilities if held outside cannot be generally held within built up areas and more rural locations are likely to give rise to less nuisance to those in neighbouring property and more freedom and better use by the dog clubs. The use and the proposal do not result in a significant built structure or

[Table omitted in markdown export]

change to the appearance or character of the site and if the site were to be put to agricultural uses such as crop growing or grazing by animals, the cess pool may have to be removed but with no great work or expense involved.

9. As such the application is considered to be acceptable.

### Party Status

10. The local authority, Jurby 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.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 31.01.2012

### 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

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 installation of a wastewater treatment system as shown in drawings received on 20th December, 2011.

C 3. This permission relates to the installation of the wastewater treatment system for use in association with the use of the site as a dog exercise and show facility. If the site is no longer to be used for this purpose the wastewater treatment system must be removed from the site and the ground restored to its original condition.

REASON FOR CONDITION: the site is not designated for development and a wastewater treatment system would not usually be considered appropriate in association with the agricultural or open space use of the field. If the site is no longer to be used for dog exercise and show purposes the cesspool could prevent the site from being used for agricultural purposes - either grazing or growing crops and as such the facility should be removed in order for the legitimate use of the site to be enabled.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 2/2/17

### Determining officer (delete as appropriate)

Signed : _________________________
Anthony Holmes
Senior Planning Officer

Signed : _________________________
Michael Gallagher
Director of Planning and Building Control

Signed : _________________________
Sarah Corlett
Senior Planning Officer

Signed : _________________________
Jennifer Chance
Development Control Manager

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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/2094-jurby-west-loughan-swimming-pool/documents/1262832*
