**Document:** Officer Planning Report Recommendation **Application:** 08/00618/R — Vehicle storage in yard **Decision:** Refused **Decision Date:** 2008-06-23 **Parish:** Patrick **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85034-patrick-brookfield-house/documents/1556245 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations ## Officer's Report ### The Site The application site represents the farmyard of Brookfield House, Main Road, Foxdale. The site is located on the western side of the main road and is accessed via a track which passes along the eastern boundary adjacent to the main road. The site is occupied by a number of outbuildings and has relatively large areas of concrete hard-standing. The site is elevated above the main road and the properties of Brookfield Terrace which are situated on the other side of the road. ### Planning Status The application site is located within an area identified as being Open Space by the Foxdale Local Plan Order 1999 (Planning Circular 5/99). There is an existing farm development on the site which includes Brookfield House which is identified within the Foxdale Local Plan as a building to be considered for Registration. ### Planning History The following previous planning application is considered relevant in the assessment and determination of this application: PA 02/00512/A sought approval in principle for the erection of 14 holiday units to replace existing farm buildings. This was refused on review 6th December 2002. ### Representations The Department of Transport Highways Division has not objected to this application subject to a condition relating to visibility splays. Patrick Parish Commissioners object to this application. Their reasons for objecting may be summarised as concerns relating to the premises being used for the viewing and possible sale of vehicles, the proposed use of the site being inappropriate for the site which is zoned for agricultural use and inadequate access arrangements. The Commissioners also raise concerns relating to the possible spillage of fuels and oil from vehicles being stored and comment that alternative show room premises are available in the Parish of Malew. The owners/occupiers of Cooyl Slieau, 10 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to visual impact, the proposed use of the site being inappropriate to the area, loss of privacy, highway safety, the structural stability of the boundary wall and inadequate access arrangements. The owners/occupiers of 4 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to visual impact and the proposed use of the site being inappropriate to the area. The owners/occupiers of 13 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to impact upon parking provision, highway safety, visual impact and noise. The owner/occupier of 5 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to the proposed use of the site being contrary to the land zoning of the site, loss of privacy and inadequate access arrangements. The owners/occupiers of 8 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to the proposed use being contrary to the land zoning of the site, loss of privacy, the structural condition of the boundary wall, inadequate access arrangements and the potential for pollution. The owners/occupiers of 15 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to visual impact, impact upon the adjacent building (Brookfield House), impact upon Brookfield Terrace, highway safety and inadequate access arrangements and the use being inappropriate for the site. The owners/occupiers of 14 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to inadequate access arrangements, the use of the site for retail of vehicles and potential parking on the main road. The owners/occupiers of 3 and 6 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to the proposed use being contrary to the land zoning of the site, loss of privacy, the structural condition of the boundary wall, inadequate access arrangements and the potential for pollution. The owners/occupiers of 16 Brookfield Terrace, Main Road, Foxdale object to this application. Their reasons for objection may be summarised as concerns relating to the access to the site and the use being inappropriate for the site. The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan indicates no objection to this application. It is stated that the proposal would cause no intrusion of loss of amenity to the surrounding area and it is recommended that a time limit be attached as a condition. ### The Proposal This application seeks approval for vehicle storage in the farm yard of Brookfield House, Main Road, Foxdale. The use of the existing farm yard which represents the proposal site would appear to be redundant and the proposal seeks to store vehicles on the hard-standing and within the open sided shed structure. ### Assessment The main issues to be considered in the assessment of this application are the principle of using the site as proposed, the visual impact of the proposed use of the site upon the surrounding area and access and highway issues. In land use terms, the proposed storage of vehicles is not considered to be an appropriate use for an area zoned as being Open Space by the Local Plan. Whilst the site was clearly developed as a farm yard, the use of which would appear to be redundant, it is not considered that the storage of vehicles would be a suitable use of the site. The application proposal is described as the storage of vehicles and as such the proposal is to be assessed as such. However it is considered likely that people will visit the site in order to view the vehicles which are offered for sale (either on site or through adverts in the local press). It would not be possible to enforce against such a use effectively and it would appear that from comments made by residents of adjacent properties and Patrick Parish Commissioners that the site may be being used as an extension to the applicant's car sales premises located on the outskirts of Foxdale. The Department of Transport Highways Division has indicated no objection to the proposal subject to adequate visibility splays being provided. However from visiting the site, it is clear that with vehicles parked either side of the vehicular access to the site on the main road, exiting the site is hazardous. There were approximately 30 vehicles being stored at the site at the time of the site visit and it is considered that the proposed use of the site would have adverse impacts upon road safety, particularly as without any parking control either side of the site entrance, it would not be possible to enforce the visibility splays required by the Department of Transport Highways Division. The site is not particularly visible when travelling along the main road as a result of its elevated position and set back from the road. However, from Brookfield Terrace the site and some of the vehicles are clearly visible. It is not considered that the visual impact of the vehicles would provide a reason for refusal of this application in itself, and that the activities that would be typical of a working farm yard would result in a similar level of disturbance to residents. However it is likely that with so many vehicles being stored at the site which are intended for sale by the applicant, that people will visit the site to view the vehicles. This would result in potential overlooking to residents of Brookfield Terrace to the detriment of their residential amenity and this would be above and beyond what may be considered to be an acceptable level of disturbance. ### Recommendation It is recommended that the application be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - The Department of Transport Highways Division. - Patrick Parish Commissioners. - The owners/occupiers of Cooyl Slieau, 10 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 4 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 13 Brookfield Terrace, Main Road, Foxdale. - The owner/occupier of 5 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 8 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 15 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 14 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 3 and 6 Brookfield Terrace, Main Road, Foxdale. - The owners/occupiers of 16 Brookfield Terrace, Main Road, Foxdale. Accordingly the following parties are not granted Interested Party Status: - The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 28.05.2008 ### 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 proposed use of the site for the storage of vehicles in an area identified as Open Space by the Foxdale Local Plan would be contrary to the land zoning of the site and would be detrimental to the amenities of the surrounding area. R 2. It is considered that the number of vehicles using site would have an adverse impact upon the highway safety of the surrounding area. The existing narrow and steep track which serves the site combined with vehicles parked legally on the main road would result in access arrangements that would be inadequate to serve the proposed use of the site. R 3. The proposed use of the site would likely lead to persons visiting the site to view vehicles. The number of vehicles in evidence at the site would suggest that there could be an unacceptable level of disturbance and overlooking to residents of Brookfield Terrace. Decision Made : ... Committee Meeting Date : ... --- *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/85034-patrick-brookfield-house/documents/1556245*