**Document:** Officer Planning Report
**Application:** 10/00580/B — Erection of a kennel block
**Decision:** Refused
**Decision Date:** 2010-08-20
**Parish:** Andreas
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/36148-andreas-melrose-cottage-st-judes-road-kennel-block/documents/1350944

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# 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] 03.08.10 - The Commissioners have decided that provided the Highways Division have no concerns regarding the vehicle traffic movement in connection with your application, then they would not accept such decision of the Highways Division.

### Officer's Report

#### Site

The application site represents the curtilage of Melrose Cottage, St Judes Road, Andreas, which is located on the western side of the St Judes Road and southwest of Andreas Village.

#### Department Policies

The application site is within an area recognised as being an area of "white land" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.

- Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998
- 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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."

### Environment

Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

### Planning History

The following planning application is considered relevant in the assessment and determination of this application:

Erection of dog kennels, creation of a pedestrian path and hard standing for car parking and alteration to existing agricultural access to form vehicular access - 05/01948/B - REFUSED on the following grounds:-

1. The proposed building and hardstanding for car parking would be contrary to the 1982 their siting and design and orientation which would impact on the occupiers of Jemmy Dans from increased and general disturbance generated from the accommodation of dogs on site and the increase number of traffic movements to the application site.
2. The proposed kennels would be contrary to the 1982 Development Plan Order and Policies EP8, EP13, EP16 and EP27 of the emerging Isle of Man Strategic Plan in that:

i) the proposed development is in close proximity to a watercourse and insufficient information has been submitted to demonstrate that the works will not cause any long term deterioration in water quality or provided any details on pollution and alleviation measures to protect the environment of the watercourse; and
ii) the application site is prone to flooding and insufficient information has been submitted in the form of a flood risk assessment along with any details of proposed mitigation measure to prevent the nearby watercourse from being polluted by animal waste/effluent.
3. The proposed development would be contrary to the 1982 Development Plan Order and EP18 of the emerging Isle of Man Strategic Plan by reason of its height, design, massing, layout and siting would introduce a prominent and incongruous feature into the street scene and landscape, disrupting the rhythm of development and would cause demonstrable harm to the visual amenities of the locality.
4. The visibility from the proposed access driveway onto the A17 is inadequate to serve the needs of the development and therefore would be prejudicial to highway safety.

Erection of detached garage in association with new cottage approved under PA 02/02370/B 04/01820/B - APPROVED

Erection of dwelling to replace existing - 02/02370/B - APPROVED Extension and alterations to existing cottage and extension of property boundary into part of field 1911 - 02/01687/B - REFUSED on the following grounds:-

1. The proposed extension would represent a significant enlargement of a modest traditional Manx cottage, contrary to the provisions of Planning Circular 3/91 and 1/88 and would lead to a loss of its traditional character.
2. The proposed extension of the domestic/residential curtilage would not form a natural extension to the existing domestic curtilage and would introduce domestic use/paraphernalia into an area of open countryside and detract from the general character and appearance of the area.

Approval in principle for alterations and extensions to dwelling, including the enlargement of the property boundary and creation of vehicle access and parking - 02/00457/A - APPROVED

## Proposal

The application seeks approval for the erection of a kennel block, which consists of 2 rows five dog kennels and runs. The proposal would have a total width of 9 metres, a depth of 6 metres and a maximum height of 1.8 metres.

The applicant proposes the opening hours to be between 9.30 am and 4.30 pm with pickups and drops offs by arrangement only, within these hours. Occasionally given travel plans by clients, times outside these times may be necessary. The applicant would also proposal a pickup and delivery service.

The only staff proposed to operate the kennels would be Mr Walker and his Partner, both of which reside at Melrose Cottage.

The applicant is proposing the kennels would cater for working dogs/gundogs.

### Representations

Andreas Parish Commissioners:-
"03.08.10 - The Commissioners have decided that provided the Highways Division have no concerns regarding the vehicle traffic movement in connection your application, then they would not accept such decision of the Highways Division."

Highway Division have objected to the proposal on the following grounds:-
"The required visibility splays of 2.4 metres by 160 metres is not shown on the plans provided.
The owners/occupiers of Jemmy Dans, St Judes Road, Andreas, have objected to the application which can be summarised as; proposal would lead to noise and disturbance from barking during the day and night; exacerbated by the generally quiet character of the area especially at night; proposal is for working dogs, but the business is a commercial venture so market forces will dictate what types of dogs are housed; residential curtilage approved under previously application do not correlate to the submitted plans; previous parking and access approved for residential purposes not commercial; inadequate parking provision; pollution through the chemicals used to clean the kennels; and area not zoned for commercial development.

## Assessment / Recommendation

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; impact upon the visual amenities of the countryside and the access/parking provision.

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/kennels 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 and kennels on the Island, there is a consistent approach which sets out those catteries and kennels 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.

In terms of the visual of the proposal, the proposed kennels would be located to the northwest corner of the application site, approximately 26 metres from the rear elevation of Melrose Cottage.

The proposal will be apparent from public view when travelling along the St Judes Road which is directly adjacent to the application site. Views however will only be apparent when travelling along the St Judes Road towards the site from Andreas (southerly direction). These views would be from an elevated position, given the road level if set above the ground level of the application site. The proposal would be 53 metres from the public highway (approx).

Along the northern and western boundary of the site consists of substantial grass banking (approx  ) which would help significantly reduce the appearance of the proposal given its relatively low roof height and size. Furthermore, the proposal would be finished/painted in a dark green colour which again will help reduce the appearance.

Overall, given is position, size and boundary treatment it is considered the proposal would not result in a significant impact to the detriment of the visual appearance of the countryside.

The next issue relates to the potential for noise disturbance to the detriment of residential amenities. The closest neighbouring property is Jemmy Dans which is approximately 100 metres to the southeast of the proposed kennels.

Environmental Protection Office of the Department of Environment, Food and Agriculture has commented on the application. He indicates that in a quiet rural area (predicted background noise LA90 - 35 dB ) in my experience the noise from dog barking at a dog kennels could cause noise nuisance to any local residents within approximately 150 metres. Particularly in view of the fact that the maximum noise levels from dogs barking may be up to 10 dB above the average LAeq, 5 min measurements i.e. LAmax -63 dB .

He indicates that the construction of a dog kennels will change the character of the area from one of quiet rural countryside to that where there is a noisy commercial dog kennels, with dog barking clearly audible up to 300 m away during the day.

The Officer comments that provided there is a reasonable standard of sound insulation of the kennels and dogs are kept inside their kennels with the doors closed as at night, noise from dog barking at night inside residential premises 150 m away is likely to be well below LAeq, 5 min - 30 dB and LAmax 45 dB , the levels recommended by the World Health Organisation to prevent sleep disturbance. Although at times the loudest dogs may be audible this is not likely to be at a level considered sufficient to constitute a statutory nuisance or likely to cause sleep disturbance to the average person.

There is concern that the proposal would result in the potential for 10 dogs on site, which does have the potential for significant adverse impact upon the neighbouring occupants of Jemmy Dans. The distance of 100 metres between the proposal and the neighbouring property is the same distance as the previous refused application (05/01948/B).

The applicants have indicated that the kennel block would be enclosed, albeit 1 / 4 of the elevational finish of the kennel block would be mesh panels. Furthermore, within the main kennel block would be the individual dog cabins which includes a dog run (  ) for each cabin. The dog cabin is enclosed, but the dog run is made up of partially solid panels (3/4) and mesh panels (1/4).

The applicants are also proposing to erect a 1.7 metre high 'hit and miss' fence along the entire southern boundary of the application site which would be positioned at the foot of the existing grass bank, which currently exists along the majority of the southern boundary.

The design of the kennels block and the erection of 'hit and miss' fencing, are measures to reduce the potential for noise disturbance from dogs barking.

Whilst these measures may provide the necessary measures to reduce the potential noise disturbance to residents, no evidence has been produced to ensure they would. Furthermore, the proposal also indicates an exercise area to the west of the kennel block which would be enclosed by fencing, but would not be covered.

The applicants has indicated that their intention is for the kennels to keep working dogs only, which are generally better behaved and less likely to bark. Whilst this may be true, the Authority would agree with the objector that given the kennels would be a commercial business, they may find themselves having to take other dogs (i.e. pets) to ensure the financial stability of the business.

The Planning Authority could not condition the kennels to only keep working dogs as such a condition would not be enforceable.

The area is within a quiet rural location. Consequently, any increase in activities or uses will have an impact upon the area. Environment Policy 22 of the Isle and Man Strategic Plan indicates that

development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: pollution of sea, surface water or groundwater; emissions of airborne pollutants; and vibration, odour, noise or light pollution.

Overall, it is considered the proposal would result in a significant impact to the detriment of residential amenities of the nearby property Jemmy Dans through noise disturbance generated from the accommodation of dogs on site, which would be unacceptable and un-neighbourly.

The next issue relates to the concerns of the Highway Division that the proposal does not demonstrate the required visibility splays of 2.4 metres by 160 metres can be achieved.

The applicant since this objection has submitted a drawing which shows visibility splays of  metres in both directions. Visiting the site it became apparent that visibility in a southerly direction cannot achieve the required splays of 2.4 metres by 160 metres, due to the boundary landscaping along the front boundary elevation of Jemmy Dans, which is outside the ownership and control of the applicant.

This splay is perhaps the crucial of the two, given incoming traffic would be on the same side of road as exiting vehicles.

The applicant has indicated that the existing access, which provides the  metres in each direction, was approved under application 02/02370/B for the erection of dwelling to replace existing.

This is correct; however, this was for the use of the access for the purposes for residential use only, not residential and commercial as proposed now. The previous application (02/02370/B) was also replacing an existing access and an existing dwelling. Therefore traffic generated by the proposed new dwelling would be the same/similar as the replace dwelling.

The proposal will result in an increase in vehicular traffic entering and leaving the site and therefore the required splays of 2.4 metres by 160 metres should be achieved to ensure safe visibility for highway users.

The applicants have indicated that they could operate a pick-off and drop off service; however, cars would still visit the site even if this was carried out. Furthermore, a dog trailer would be used, which is not perhaps an ideal situation given the splays is inadequate by 100 metres in a southern direction.

In terms of parking provision, the site benefits from a double garage as well a turning and parking hardstanding area, which in total can accommodate six parked vehicles ( 2 in garage \& 4 on hardstanding). The applicant is proposing an appointment system which would ensure visitors not arriving at the same time. This would ensure parking spaces to be available for all visitors or users of the dwelling.

A previous concern related to the kennels flooding given its close proximity to a water course. The new submission is located at least 32 metres from the water course, compared to 8 metres of the previous scheme. The applicants indicate that the septic tank to the house is 31 metres from the watercourse and the proposed septic tank (no details provided) would be 41 metres from the watercourse. They also indicate the tail drains would be well outside the minimum 10 m to a watercourse.

It is considered given the distance and given the applicants will require Building Control consent to undertaken the installation of the new septic tank, then the proposal would be acceptable.

In terms of pollutants the applicants have stated that they would use environmentally friendly products which meet all EU standards.

## Recommendation

As indicated previously within this report, areas of the countryside are the most suitable locations for kennels and catteries. However, for a scheme to be acceptable they must:-

1) Fit within the landscape and not have a detrimental impact upon the visual appearance of the countryside;
2) Not have a potential impact upon residential amenities; and
3) Provide the require parking and access arrangements, in the interest of highway safety.

It is concluded the proposal would result in a significant impact to the detriment of residential amenities of the nearby property Jemmy Dans through noise disturbance; and would not provide the required visibility splays to the detriment of highway safety. Therefore the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007). It is recommended that the application be refused.

### Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-

Andreas Parish Commissioners Department of Environment, Food and Agriculture (Environmental Protection Office) The owners/occupiers of Jemmy Dans, St Judes Road, Andreas

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: 18.08.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

R 1 . The level of noise generated from the accommodation of dogs on site through the proposed ten kennels, would result in an unacceptable impact upon the residential amenities of the nearby properties contrary to Environmental Policy 22 of the Isle of Man Strategic Plan.

R 2 . The visibility from the access driveway onto the A17 is inadequate to serve the needs of the development and therefore would be prejudicial to highway safety.

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

Decision Made : Refused Date :

Signed :
M. I. McCauley

Director of Planning and Building Control

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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/36148-andreas-melrose-cottage-st-judes-road-kennel-block/documents/1350944*