**Document:** Officer Planning Report **Application:** 09/01007/B — Alteration to farm entrance **Decision:** Permitted **Decision Date:** 2009-08-20 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63417-ballaugh-ballaneddin-farm-alteration/documents/1381226 --- # Officer Planning Report **Application No.:** 09/01007/B **Applicant:** Mr David Kermeen **Proposal:** Alteration to farm entrance **Site Address:** Ballaneddin Farm Main Road Ballaugh Isle Of Man IM7 5EB ### Considerations Case Officer : Mr Chris Balmer **Site Visit:** 11 / 08 / 09 **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not opopse. Consultee : Ballaugh Parish Commissioners Notes: No objection Consultee : Wildlife \& Conservation Officer Notes: Comments received ### Officer's Report SITE The application site represents the curtilage of Ballaneddin Farm, Main Road, Ballaugh, located on the southern side of Main Road and east of Ballaugh Village. ### Land Use Zoing / Planning Policy The application site is within an area recognised as being an area of 'woodland' not zoned for development, 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 Planning Scheme (Development Plan) Order 1982 - The 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:- 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. Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. ### Planning History There are previous planning applications however none are considered relevant in the assessment and determination of this application. PROPOSAL The application seeks approval for the alteration to farm entrance. ### Representations Ballaugh Parish Commissioners:- "No objection" Highways Division:- "Do not oppose." Wildlife \& Conservation Officer:- "Two very mature large trees are to be felled to make the improvements to this entrance. We have no objection but would like to make two recommendations. First that some new trees are planted on either side of the new entrance in order to mitigate for the loss of the trees (well back from the line of site for the entrance) and secondly the ivy should be killed, by cutting at the base of the tree, some months before the trees are felled to allow it to die off so that any species, such as bats, can move away to other trees." The Authority has received no other privately written representations objecting to the application. ## Assessment / Recommendation As stated due to the land being zoned within an area of woodland there is a general presumption against development within such areas in the countryside. However, consideration needs to be taken that the existing entrance is not ideal for farm vehicles, which was evident when visiting the site when a tractor with a trailer attached, required driving onto the opposite side of the Main Road to enter the farm. This obviously causes highway safety concerns, given this section of road is derestricted. The main issue relates to the loss of the two trees, one of which is mature and substantial in size. There are three trees which will still remain. Overall, it is considered whilst the loss of the two trees is not ideal, given the proposal will significant improve vehicular access to and from the site and there would still be three large mature trees and hedging, the loss of the trees would not have a detrimental impact upon the appearance of the area and therefore would be acceptable in this location. ### Recommendation It is considered the reasoning for the proposal would be beneficial to the applicants but also due members of the public who use the public highway for the reasons given. Accordingly, it is recommended that the application be approved. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Ballaugh Parish Commissioners Wildlife \& Conservation Officer The Department of Transport Highways Division ### Recommendation Recommended Decision: Permitted Date of Recommendation: 18.08.2009 ### 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 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 alteration to farm entrance as proposed in the submitted documents and drawings PD-001, PD-002, PD-003 and PD-004 all received on 10th June 2009. C 3. Within one month of the completion of the new access permitted by this planning approval, the set back grass banking to the west of the entrance is to be completed as indicated on drawing PD-003, similar in height to the existing. All planting (replacement hedgerow), seeding or turfing shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 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 : Permitted Date : 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/63417-ballaugh-ballaneddin-farm-alteration/documents/1381226*