**Document:** Planning Officer Report and Recommendation **Application:** 09/00461/B — Erection of a timber building to be used as a farm shop with new access and parking **Decision:** Refused **Decision Date:** 2009-09-01 **Parish:** Douglas **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62611-douglas-hampton-court-quines-hill-access/documents/1373453 --- # Planning Officer Report and Recommendation **Application No.:** 09/00461/B **Applicant:** Ms Julie Hurst **Proposal:** Erection of a timber building to be used as a farm shop with new access and parking **Site Address:** Field 524048 Hampton Court Quines Hill Port Soderick Isle Of Man IM4 1AZ ### Considerations Case Officer : Mr Chris Balmer **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Braddan Parish Commissioners Notes: No objection. Consultee : Drainage Division Notes: No objection subject to following conditions:- ### Officer's Report ### The Site The site represents the curtilage of Field 524048, Hampton Court, Quines Hill, Port Soderick, located on the northern side of the Old Castletown Road, and north-west of Port Soderick. ### Planning Status The application site is within an area recognised as being an area of 'Open Space / Agricultural', under the Braddan Parish District Local Plan Order 1991 (Planning Circular 6/91). The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance under the Isle of Man Development Plan Order 1982. - Isle of Man Strategic Plan 20th June 2007 - Isle of Man Development Plan Order 1982 - Braddan Parish District Local Plan Order 1991 (Planning Circular 6/91) 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." 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." Environment Policy 18: "Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies." ## Planning History There are previous planning applications for this site, however none are considered relevant in the assessment and determination of this application. ### Proposal The proposal seeks approval for the erection of a timber building to be used as a farm shop with new access and parking. The proposed farm shop would have a width of 9.1 metres, a depth of 3.6 metres and a ridge height of 3 metres. The shop would be accessed by the creation of a new gravel driveway and two new accesses directly onto the Old Castletown Road. The proposal would operate between the hours of 10am to 4 pm Tuesday to Friday and between 2pm until 5pm on a Sunday. It is proposed the shop would only be operated by the applicant and no staff would be employed. The applicant owns a total of 20 acres, however, of this only 10 acres (approx) would be possibly be used for the growing of vegetables. The applicant has not grown any vegetables within the fields this season. They have grown vegetables, plants and seeds within the existing greenhouses/veg areas, which are located at the main farmhouse (Hampton Court). The overall scheme is to create a very low-key shop similar to other farms in a seasonal basis with the option of asking any local individuals to supplement stock. Any of this would be collected and would not be delivered. ### Representations Braddan Parish Commissioners:- "No objection" The Department of Transport Highway Division:- "Do not oppose." The Drainage Services Manager makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Authority has received no privately written representations objecting to the application. ## Assessment There are a number of issues to consider with regard to this scheme. The first is the impact the development would have upon the countryside and the second is whether the proposed works are justified. As indicated the site is within an area of High Landscape or Coastal Value and Scenic Significance, therefore Environmental Policy 2 is required to be considered. This policy states that development should not be permitted unless the development would either not harm the character and quality of the landscape, or the location for the development is essential. Environmental Policy 15 deals with the siting of any building within the countryside and 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. Regarding the impact on the countryside Environmental Policy 17 also needs consideration. This policy states that development of buildings and other facilities associated with nurseries and market gardens will only be permitted where there is no adverse impact on the character or appearance of the area or a requirement for significant highway alterations; and if appropriate, those buildings are erected away from public highways and are screened from public gaze. As indicated within the proposal section of this report, the scheme involves the creation of two new accesses (in and out arrangement). This part of the proposal would have the potential to have the most significant impact upon the appearance and character of the area. This is due to the large amount of works required to be undertaken to the existing Manx sod banking to create the new entrances and to provide the required visibility splays of metres in both directions along the Old Castletown Road (as required by the Highway Division). To create the entrances a total of 11.5 metres of Manx banking would be required to be removed, and approximately a further 25 metres of banking would be required to be altered/lowered to provide the required visibility splay (east of eastern entrance). Added to the required new access, a gravel driveway (connected to both entrances) with six off road parking spaces would be provided to serve the proposed farm shop. Overall, it is considered the isolated siting of the proposed farm shop next to a public highway, and the significant alterations required to create the accesses with the required visibility splay; the proposals would have significant impacts upon the visual appearance of the countryside and therefore would be contrary to Environmental Policy 2, 15 and 17 of the Isle of Man Strategic Plan. Also given the scheme only proposes to be low-key and to sell only in small amounts; it is considered the proposed scheme would not be sufficiently justified and would be excessive for the proposed requirements. Notwithstanding the previous issues, the applicant has stated they have not grown any vegetables within the 10 acres of fields so far. The planning authority has added concerns that approval of this scheme would be premature until a proven and established need has been justified. This need could be proven and established by the selling of grown goods at the main farm complex. ### Recommendation Overall, it is considered that the justification for the proposal has not been adequately proven and would be excessive for the proposed requirements. Additionally, the siting of the proposed farm shop and the required works proposed in this location, would have a significant detrimental impact upon the visual amenities of the surrounding countryside which is zoned as being of High Landscape or Coastal Value and Scenic Significance. For these reasons the proposal is considered to be inappropriate in this location and the application is therefore recommended for an 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: Braddan Parish Commissioners The Department of Transport Highway Division Department of Transport Drainage Division Recommendation Recommended Decision: Refused Date of Recommendation: 27.08.2009 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. The proposal location, siting and required boundary alterations would have a significant detrimental impact upon the visual amenities and character of the countryside which is zoned as being of High Landscape or Coastal Value and Scenic Significance and therefore would be contrary to Environmental Policy 2, 15 and 17 of the Isle of Man Strategic Plan. R 2. Notwithstanding the first reason for refusal, the planning authority has added concerns that approval of this scheme would be premature until a proven and established need has been justified. I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Refused Date : 28 August 2009 Signed : ______________________________ Senior Planning Officer 27 August 2009 09/00461/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/62611-douglas-hampton-court-quines-hill-access/documents/1373453*