**Document:** Officer Planning Report 08/01992/B **Application:** 08/01992/B — Erection of replacement building to provide garage, store and study area **Decision:** Refused **Decision Date:** 2009-02-02 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86394-baldrine-ballamenagh-moar-farm-replacement-garage/documents/1532727 --- # Officer Planning Report 08/01992/B ## 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 residential curtilage of Ballamenagh Moar Farm, Ballamenagh Road, Baldrine. Within the curtilage of the site is a two storey detached property. The site is located on the Eastern side of the Ballamenagh Road and south of the settlement of Baldrine. #### Land Use Zoning / Planning Policy The application site is within an area recognised as being an area of 'woodland and white land' 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) #### Planning History A previous planning application is considered relevant in the assessment and determination of this application:- Erection of a workshop/store and home office building to replace existing outbuilding - 04/01880/B – REFUSED on the following grounds:- "The submitted drawings do not include accurate indication of the position and canopy spread of the existing trees which whilst not within the defined site are very close to it. As such a proper assessment of the proposal and its impact on the trees cannot be made." ### Proposal The application seeks approval for the erection of a replacement building to provide garage, store and study area. The building this proposal would replace no longer exists following damage by tree collapse. The proposal would have a total width of 16 metres, a maximum depth of 6 metres and a ridge height of 4.2 metres. The proposal would be finished with painted render and a dark coloured slate roof. The proposal would be sited east of the adjacent public highway, 27 metres away. ### Representations Lonan Parish Commissioners:- "No comments received" Highways Division do not oppose subject to the following condition:- "Do not oppose" The Authority has received no privately written representations objecting to the proposal. ### Assessment / Recommendation Due to the zoning of the site 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 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. The photographs of the previous building show that the building was a Manx stone building. From these photographs it is apparent that the building no longer had a roof and parts of the stone work had collapsed. The proposal must be considered on the basis that the building no longer exists and therefore the proposal is not replacing an existing structure but is a completely new development. The proposal would be located within the residential curtilage of the existing property Ballamenagh Moar Farm. The proposal would have cavity wall construction and several windows, with an attached garage. It would have the appearance of a cottage. Under the Permitted Development Order the applicant may build a domestic garage within the curtilage of a dwelling. This is provided that on completion of the works the height does not exceed 4m above ground level; the width of the garage does not exceed 6m or be less than 2.4m; the length of the garage does not exceed 6m or be less than 5m. This proposal as stated previously would have a width of 16 metres, a maximum depth of 6 metres and a ridge height of 4.2 metres. This would result in a much larger structure than what would be permitted under the Permitted Development Order. The applicant's 'fall back' position (of constructing a structure as permitted development) would not therefore have a comparable impact to what is currently proposed. Fundamentally, in terms of planning policy there is a long established presumption against development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in three different ways. 1) The application site is not zoned for development under the Isle of Man Development Plan. 2) General Policy 3 of the Isle of Man Strategic Plan, sets out that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with various exceptions, none of which the proposal would apply. 3) The site is within an area of High Landscape Value and Coastal or Scenic Significance and therefore contrary to Environment Policy 2. An extension of the existing dwelling in accordance with planning policy would possibly be an alternative, to accommodate the studio and store. It is considered such scheme could be designed to have a less intrusive feature within the countryside. ### Recommendation In conclusion, whilst an existing single storey structure did once exist within this site, this has since been removed. The proposal would introduce a structure larger than previously existed and significantly larger than could be built as permitted development. The application site is not zoned for development and the proposal is contrary to established general planning policy. It is considered the proposal would be an intrusive feature within the countryside given its size, massing and location close to the adjacent public highway. The visual intrusion of the proposed structure would be exacerbated by the fact that it would have the appearance of a cottage. Approval of the planning would set an undesirable precedent for further such inappropriate development in the countryside. Accordingly, it is recommended that the planning 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: Department of Transport Highways Division Lonan Parish Commissioners ## Recommendation Recommended Decision: Refused Date of Recommendation: 16.01.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals R 1. The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development within the countryside. The proposal would harm the character and quality of the landscape and introduce an incongruous visual intrusion that would have the appearance of a newly built dwelling in the open countryside. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made: ReSue Committee Meeting Date: 30/01/09 Signed: Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO --- *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/86394-baldrine-ballamenagh-moar-farm-replacement-garage/documents/1532727*