**Document:** Planning Officer Report **Application:** 12/00554/B — Erection of a wooden potting shed and tool store and two netting tunnels **Decision:** Permitted **Decision Date:** 2012-05-31 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2687-malew-secret-garden-nurseries-ballacharry-shed/documents/1270741 --- # Planning Officer Report [Table omitted in markdown export] ### Officer's Report #### 1.0 The Application Site 1.1 The site comprises The Secret Garden Nurseries, Ballacharry Road, St Marks, Ballasalla which is located on the eastern side of the Ballacharry Road, north of Ballasalla. 1.2 The site would appear to have a number of existing structures in place (polytunnel/sheds), albeit very well screen from the adjacent public highway and from distance views due to the substantial landscaping which runs along all four boundaries of the site. The site however does appear to be overgrown and does not seem to have been used as a nursery/horticultural activities for some time. #### 2.0 Proposal 2.1 The application seeks approval for erection of a wooden potting shed and tool store and two netting tunnels. 2.2 The proposed wooden potting and tool shed would have a width of 2.5 metres, a depth of 9.9 metres and a maximum height of 2.7 metres. The proposal would be sited approximately 44 metres from the access to the site which is found along the western boundary of the site. 2.3 The proposed two netting tunnels each would have a width of 5 metres, a depth of 19.8 metres and a maximum height of 2.5 metres. The proposals would be sited approximately 10 and 13 metres from the proposed potting and tool shed to the east. 2.4 The applicants has indicated that they have owned the site for nearly 20 years and with their then business partner originally established a specialist plant retail nursery there. They then took over the running of Ballagawne Nurseries in Colby some 13 years ago and they ceased retail from the application site, although continued to use it for production. However, when the applicant and their business partner parted company three years ago they found it impossible to operate from both sites and the Secret Garden Nursery became used and overgrown. The applicant with help from their son and daughter now proposes to use the site for the propagation and production of hedging and hardy plant stock which we currently have to import to be retailed at Ballagawne Nurseries. They do not propose to have a retail outlet at the application site, solely for production only. [Table omitted in markdown export] 2.5 In terms of the use of the netting tunnels the applicant has indicated that they will be used to protect stock and produce, raised initially in the existing polytunnels and greenhouse form the elements and animals/insects. They indicate that the proposed shed would replace an existing shed which due to its size and also a security risk being close to the highway. ### 3.0 Planning Policy 3.1 The application site is within an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982 and Modified Draft Southern Area Plan. The site is neither within a Conservation Area nor within an area of High Landscape or Coastal Value and Scenic Significance. 3.2 Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application: "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." "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 17: The development of buildings and other facilities associated with nurseries and market gardens will only be permitted where: a) any built development is of a scale, form, design and material in keeping with the character of its surroundings; b) any development does not unacceptably affect residential amenity or local highway conditions; c) there is no adverse impact on the character or appearance of the area or a requirement for significant highway alterations; and d) if appropriate, those buildings are erected away from public highways and are screened from public gaze." ### 4.0 Planning History 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:- 4.2 Erection of two polytunnels - 98/01292/B – APPROVED 4.3 Erection of a small shed and creation of a gravel hardstanding - 95/01340/B – APPROVED 4.4 Erection of horticultural greenhouse - 94/01122/B – APPROVED 4.5 Erection of 3 polytunnels - 93/01104/B - APPROVED 5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners have no objection to the application. 6.0 ASSESSMENT 6.1 The starting point is to outline which are the relevant polices to consider. General Policy 3 which states possible exceptions for development on land not zoned for development in the countryside. One of these exceptions is building and engineering operations which are essential for the conduct of agriculture or forestry. Environment Policy 17 deals more specifically with development of buildings and other facilities associated with nurseries and market gardens 6.2 Environmental Policy 17 is perhaps the most relevant policy which needs consideration for this application. From the directly adjacent public highway (Ballacharry Road) the site benefits from mature landscaping which runs along eastern boundary of the site. Furthermore, the northern, eastern and south boundaries of the site also have substantial landscaping in place. During the summer months the site is very well screened from the Ballacharry Road due to the foliage cover of the trees/hedgerows. It is considered during the summer months the proposals would be well screened and have no significant impact upon the visual amenities of the countryside. 6.3 However, it is important to consider the potential visual impact of the polytunnel/shed during period when trees/hedgerow are leafless and do not afford the same level of natural screening of the site from the Ballacharry Road. The applicant has indicated that they have always been keen to conceal the site from unsolicited attention and will likewise plant trees and shrubs as necessary to screen the proposals form view. Whilst the polytunnels/shed have the potential to become more apparent from public view during these months, it is considered given the amount (depth) of landscaping along the boundaries and within the site, the size of the proposals and given the distance set away from the Ballacharry Road, the proposals would not have a significant impact upon the visual amenities of the countryside to warrant a refusal. 7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would comply with the relevant policy of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved. 8.0 PARTY STATUS 8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status: Malew Parish Commissioners 8.2 The Department of Transport Highways and Traffic 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. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 29.05.2012 ### 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 approval relates to the erection of a wooden potting shed and tool store and two netting tunnels as proposed in the submitted documents which are date-stamped 11th April 2012. C 3. The polytunnels and timber pottign shed must be used only for agricultural / horticulture purposes. 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:** 30/5/12 ### 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 29 May 2012 12/00554/B Page 5 of 5 --- *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/2687-malew-secret-garden-nurseries-ballacharry-shed/documents/1270741*