**Document:** Officer Planning Report **Application:** 10/00369/R — Erection of barn, stables, field shelter, earth bank and mobile store together with the formation of access road and hardstanding (Retrospective), **Decision:** Refused **Decision Date:** 2010-06-09 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36032-lezayre-road-glen-tramman-stable-retrospective/documents/1349549 --- # Officer Planning Report ## 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 SITE The site represents the curtilage of Field Number 134889, Lezayre Road, Glen Tramman, Ramsey, located on the northern side of Lezayre Road and north of the settlement of Churchtown. ## Planning Status 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 Strategic Plan 20th June 2007 - Isle of Man Development Plan Order 1982 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration 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 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." "Environment Policy 15: Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape." PLANNING HISTORY The following planning application is considered relevant in the assessment and determination of this application:- Remove existing gate, widen existing opening and form new gate entrance 12 m into field 05/01085/B - APPROVED ## Proposal The proposal seeks approval for the erection of barn, stables, field shelter, earth bank and mobile store together with the formation of access road and hardstanding (Retrospective). There is currently a port-a-cabin on the site which has a width of 6.1 metres and a depth of 2.4 metres. The application proposals a further three buildings, a stable, a barn and a field shelter. Currently within the site there consist a number of agricultural machines, which are stored at the site by the applicant who is an agricultural contractor. ### Representations Lezayre Parish Commissioners have objected on the following grounds:- "The applicant is not in agricultural business and the Commissioners have reservations as to what the site will lead to." The Department of Transport Highway Division:- "Do not oppose has no traffic management, parking or road safety implications." The owner/occupier of Kerrowdhoo, Glen Duff, Lezayre, has objected to the application which can be summarised as; application in an area not designated for development. The owner/occupier of Ballakillingan House, Lezayre, has objected to the application which can be summarised as; traffic concerns when entering existing the entrance of the site; potential pollutants entering the nearby river; proposal could lead to a further application for a dwelling; and site is designated as High Landscape and Scenic Significance. The owner/occupier of 33 Ballaquark, Douglas has objected to the application which can be summarised as; unrelated to other development and will be a visual intrusion; and the size of the small site seems remarkably small to justify such a large development. The owner/occupier Gateways, Glen Tramman, Lezayre, have objected to the application which can be summarised as; the area has a very high water table which results in standing water, the proposal could increase the problem; highway safety concerns; more trees on boundary than what has been indicated on the submitted drawings; size of site is very small for agricultural usage; site will result in two horse and the shed/barn will be used for machinery; and could lead to a application for a dwelling. ### Assessment The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 (paragraph f) of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of buildings and engineering operations which are essential for the conduct of agriculture or forestry. Dealing whether the proposed structures would have a sufficient justification to comply with General Policy 3 and Environmental Policy 15, the Authority has contacted the Agricultural Advisor from the Department of Department of Environment, Food \& Agriculture for their comments. The Advisor has stated that the applicant is not a registered agricultural worker and the total acreage identified on the plans extends to 3.08 acres. The proposed agricultural barn will provide 167 sqm of which 83 sqm has been allocated to cattle accommodation. This results in a total accommodation capacity of 16 cattle. In conclusion the advisor comments that labour requirement is approximately 0.08 standard labour units and that this activity is not an enterprise that the department would view as an agricultural business. For these reasons it is not considered there is sufficient agricultural justification to outweigh planning policy which seeks to restrict development within the countryside. If the principle for the agricultural buildings was justified, then Environmental Policy 15 requires consideration. This policy indicates that development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part. Furthermore the policy states that only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The position of the buildings would be set below the ground level of the public highway, whilst the boundary treatment along the southern boundary of the site comprises of a 1.5 metre high hedgerow (approximately). The site is apparent when viewing from the Lezayre Road, and consequently the proposals would be visible from public view. The applicant has proposed a post and wire fence with conifer hedgerow along the north boundary of the 'pig field' to help reduce the visible appearance of the buildings. Furthermore a 1.2 metre high earth bung has been established to help partially reduce the appearance of the stable block, which is located to the north east corner of the site. Whilst landscaping can help to reduce the visual appearance of a building, it is not considered relying solely on the proposed landscaping is an appropriate method, as there can be no guarantee that they would remain for the foreseeable future. In some circumstances it may be considered acceptable, if there is sufficient justification that an agricultural building should be positioned which might result in having an adverse impact upon the countryside, but because of the justification, this outweighs the general presumption against development in the countryside. Therefore in this type of example, appropriate landscaping could be used to ensure the visual appearance of the building is reduced, compared to having no landscaping at all. However, this is not this case given there appears very little agricultural justification for the proposals, which would be in an isolated position and next to an adjacent public highway. It should be noted that a conifer hedgerow would not be in keeping with the surrounding native trees and hedgerows. The proposals would be unjustified and prominent features in the landscape therefore would not outweigh the relevant planning policies which seek to restrict unacceptable development which would be harmful to the character and appearance of the countryside. RECOMMENDATION Overall, it is considered that the justification for the buildings has not been adequately demonstrated that they are essential or that there is an established agricultural farm holding that would be connected with this development. Therefore the proposal would be contrary to General Policy 3, Environmental Policy 2 and Environmental Policy 15 of the Isle of Man Strategic Plan. For this reasons the proposal is considered to be inappropriate in this location and the application is therefore recommended for a refusal. PARTY STATUS It is considered that the following parties meet the criteria of Government Circular 1/06 and should be afforded interested party status: Lezayre Parish Commissioners Department of Department of Environment, Food & Agriculture The owner/occupier Gateways, Glen Tramman, Lezayre, The owner/occupier of Ballakillingan House, Lezayre It is considered that the following parties do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The owner/occupier of Kerrowdhoo, Glen Duff, Lezayre The owner/occupier of 33 Ballaquark, Douglas 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: Refused Date of Recommendation: 07.06.2010 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 justification for agricultural buildings as proposed on this site has not been adequately proven. Furthermore the isolated position would result in built development encroaching into the open countryside to the detriment of the visual amities of the countryside. Consequently the proposal would be contrary to General Policy 3 and Environmental Policy 2 & 15 of the Isle of Man Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. **Decision Made:** Refused **Date:** 8.11.2018 10:51:20 **Signed:** __________________________ Senior Planning Officer --- *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/36032-lezayre-road-glen-tramman-stable-retrospective/documents/1349549*