**Document:** Officer Planning Report **Application:** 08/01006/B — Construction of track around perimeter of woodland **Decision:** Permitted **Decision Date:** 2008-11-14 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85507-lezayre-jurby-road-sandygate-track-around-perimeter/documents/1526399 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Site The application site forms the curtilage of Field 214150, which is a parcel of undeveloped land located on the western side of the Jurby Road and north of Sandygate Crossroads. #### Land Use Zoing / Planning Policy 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 is the site 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) – General Policy 3 and Housing Policy 15 #### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application:- Erection of polytunnel - 08/00752/B – PENDING CONSIDERATION Erection of entrance gates and timber shed to house office/shop - 08/00753/R - PENDING CONSIDERATION ## Proposal The application seeks approval for the construction of a track around the perimeter of the woodland. The proposed track would have a width of 2.4 metres to access the trees for management and tidying. The track would be constructed with 50 mm stone vibro rolled on depth of consolidates clean hardcore. ### Representations Jurby Parish Commissioners have objected on the following ground:- "...such track is not warranted for such a small area, and would be out of keeping with the proposals for the site and the surrounding area." Highway Division:- Do not oppose The Authority has received no privately written representations objecting to the application. ### Assessment / Recommendation Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- ### 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 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. As indicated previously within the planning history section of this report, there are currently two other planning applications which are under current consideration and it is considered they are interlinked. The applicant has stated they wish to create a nursery. The proposal is to run the nursery themselves (husband & wife) on a part time basis as they both have other part time jobs. They proposal the nursery would be open 10 am till 4pm on Saturday and Sundays to sell their produce. They intend to have 10 hens for eggs, 2 bee hives which would produce approximately 40 jars of honey per year and 3 ducks. Additionally, they proposal to sell fruit, salad and vegetables, although the fruit trees, which have just been planted, will take 3 to 4 years before there will be produce to sell, whilst the vegetables and salad won't be ready till 2009/2010. The applicant has stated that the track is required to manage the trees and tidying, after taking advice form DAFF. Currently these works are difficult to carry out due to the ground being very wet. The majority of the trees within the application site would not appear to be mature, due to there size and height. The proposed track would enable better access around the site to carry out the works that are required. The proposal would be around the perimeter of the existing woodland. It is considered the track would be beneficial for the trees within the woodland. From a visible perspective the proposed track would not be apparent from the surrounding area, given the existing boundary treatment which would remain around the application site and as a path by its nature is a low lying development. A condition should be attached which requires the surface material to be dark coloured. Overall, it is considered the proposal would be acceptable and therefore comply with the Environment Policy 17 and General Policy 3 of the Isle of Man Strategic Plan. **RECOMMENDATION** For these reasons the proposals would seem appropriate in these locations and the application is therefore recommended for approval. **PARTY STATUS** It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Jurby Parish Commissioners - The Department of Transport Highways Division **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 12.11.2008 **Conditions and Notes for Approval / Reasons and Notes for Refusal** **C : Conditions for approval** **N : Notes attached to conditions** ## R : Reasons for refusal ### 0 : 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 construction of track around perimeter of woodland as proposed in the submitted documents which are date-stamped 14th April 2008 and 11th August 2008. ### C 3. Prior to the commencement of works, samples of the proposed surface material (stone) to be used in the development must be submitted to and approved by the Planning Authority. The development shall be carried out in accordance with the approved details. The surface material should be dark in colour. I confirm that this decision accords with Government Circular No 32/07 (Delegation of Functions to Senior Planning Officer) and GC 33/07 for Advertisements. 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/85507-lezayre-jurby-road-sandygate-track-around-perimeter/documents/1526399*