**Document:** APL Planning Statement **Application:** 22/01351/B — Erection of a building for arboricultural use **Decision:** Permitted **Decision Date:** 2023-03-16 **Parish:** Lezayre **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/9672-lezayre-ballavilley-dhoor-building-arboricultural-use/documents/961712 --- # APL Planning Statement ## 22/01351 ### Planning Statement In Support Of The Erection Of A Building For Use In Connection With Arboricultural Business, Ballavilley, The Dhoor, Lezayre Im7 4Ed ![An aerial view of a rural site with a red line outlining the specific application area boundary.](https://images.planningportal.im/2022/10/118889.jpg) Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C #### 1.0 Introduction ![map or plan from page 2](https://images.planningportal.im/2022/10/118892.jpg) 1.1 Ballavilley is an existing house with associated land holding which sits on the eastern side of the A9 Andreas to Ramsey Road. The site accommodates a number of buildings including the main house, detached garage, large outbuilding, stables and polytunnel. 1.2 It is proposed to erect a new building alongside the existing large outbuilding for purposes associated with the existing arboricultural business which operated from the site. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C #### 2.0 Planning policy ![A site location map showing woodland areas, roads, and a specific plot highlighted with a red circle.](https://images.planningportal.im/2022/10/118894.jpg) ![A site plan showing a long, narrow green highlighted area with a red boundary line, indicating the proposed development site in a rural setting.](https://images.planningportal.im/2022/10/118895.jpg) 2.1 The site lies within an area not designated for a particular purpose on the Isle of Man Planning Scheme (Development Plan) Order 1982 which is the adopted land use development plan for this area. 2.2 Whilst there is a current exercise to replace this with a new Area Plan for the north and west of the Island, this, to date, does not alter the land use designation for this site. 2.3 The site is not within any area of High Landscape or Coastal Value and Scenic Significance nor any Conservation Area and there are no Registered Buildings on the site. 2.4 The trees to the south west of the existing building are Registered: 2.5 This area of Registered Trees is identified on the environmental constraints map for the draft Area Plan for the North and West as is a small area of ecological interest to the east of the area of the proposed building. Other than electricity lines which run through the site to the west of the existing building, there are no infrastructural constraints identified on the relevant draft Area Plan map. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C 2.6 As such, the site is considered to be part of the countryside where development is presumed against, as set out in Environment Policy 1 of the Strategic Plan: **Environment Policy 1:** The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. 2.7 Development is generally directed to settlements and sustainable locations (Strategic Aim and Strategic Policies 1, 2 and 10, Spatial Policy 5 and Housing Policy 4). There are exceptions to this presumption against development in the countryside, and these are set out at General Policy 3: **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. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C 2.8 The Landscape Character Assessment of 2008, which will be embraced in the Area Plan for the North and West, designates the site as being within an area of Undulating Lowland Plain (Area F4) where the overall objective is to conserve and enhance the character, quality, and distinctiveness of this rural area with its scattered settlement pattern, relatively strong field pattern, and enclosed network of minor rural roads (see Appendix One). Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C #### 3.0 Planning History 3.1 The site has been the subject of a number of planning applications which are relevant to the consideration of the current proposal. 3.2 Various applications were submitted for the erection of a dwelling on the site. 89/00476/A was refused but permission was granted under 89/01504/A and 90/01654/B for a dwelling, subject to a condition that the occupancy be restricted to persons whose employment or latest employment is or was employment in agriculture in the Island and also including the dependants thereof. 3.3 A subsequent application for the lawfulness of occupation of the dwelling was approved. 10/01090/LAW considered the applicants have lived at the premises since 1990 and have operated Island Tree and Landscaping Services Ltd, an arboricultural business from the premises since that time, noting that the company provides all aspects of arboriculture and landscaping for private and public sector clients and employ 6 full-time members of staff with additional students and temporary staff during the summer. It refers to the barn (the existing large building) which was approved under 90/01250/B which was for "the storage, maintain equipment [sic] and vehicles associated with the business with an area of land for the storage of time, mulch and materials used for landscaping" with all plants purchased from local nurseries. The evidence submitted with that application included a letter from the Treasury rates department which confirmed that the premises were inspected in 2000 and considered to be a tree surgery business, not horticultural and as such the rating was amended to reflect this rather than an agricultural premises. 3.4 20/01250/B proposed an agricultural building (the existing large building) with a nursery and storage area for plants and equipment and was approved initially and on review subject to a condition which read "The premises shall be used for horticultural purposes and for not other purposes". Among the third party comments was one which requested that should the application be approved, it should be for forestry business alone and not nursery or market garden produce or be open to the public and all equipment should be kept inside. 3.5 Other applications which were submitted include 92/00628/B and 95/01464/B for the stables as well as other applications relating to the house and the buildings within the residential curtilage. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C ## Sarah Corlett ![Two side-by-side photographs show an existing agricultural site featuring a large corrugated metal shed and a smaller wooden outbuilding with vehicles parked on a gravel yard.](https://images.planningportal.im/2022/10/118905.jpg) ### Town Planning Consultancy #### 4.0 The proposal 4.1 Proposed is the erection of a new building alongside the existing large, portal framed building on the site. The building is required and would be used for the parking of vehicles and storage of equipment associated with the arboricultural business which is run on the site (see Planning History above). The business is registered with the Road Traffic Licensing Committee as an Operating Centre. 4.2 The equipment referred to is as follows: DAFF 14 ton Hiab tipper - 15 m reach DAFF 12 ton Hiab and clam shell $2 \times$ Iveco $61 / 2$ ton tippers $1 \times$ Iveco $31 / 2$ ton tipper Mitsubishi Canter 27m Hoist (Cherry Picker) - already kept in existing barn with chainsaws etc *Mitsubishi Canter 7.5 ton tipper (just purchased and will be arriving shortly) *8" Forst Chipper *8" Forst Chipper *Hitachi $21 / 2$ ton Digger *JCB Site Master (Wheeled) JCB 6.5 ton 360 digger Chainsaws - 17 of various sizes $2 \times$ Brushcutters $2 \times$ Hedge Trimmers $2 \times$ winch All relevant equipment associated with a landscaping/tree surgery/ground work business *Woodmizer sawmill * items which should be kept undercover. 4.3 The proposed building will be erected alongside the existing, in an area which is already cleared, is not close to existing trees which could be harmed by the construction of the building and which is already used for storage and parking. Neither the existing nor the proposed building are visible other than from within the applicants' property. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett Company Registration 134325C 4.4 The proposed building will have a footprint of 18.4m by 9.1m and with an eaves height of 3.6m and an overall eaves height of 4.9m. It will be finished metal sheeting and with a single skin fibre cement floor with GRP rooflights in each plane. There will be a single door in the southern elevation, which is 3.5m wide and 3.6m high to accommodate the vehicles which will be entering and leaving it. This height is equivalent to the eaves level - ie the building is no higher than it needs to be. 4.5 No additional equipment or vehicles will be generated by the proposal nor any additional traffic. The proposed building will simply better facilitate the existing operations and allow more vehicles and equipment to be kept undercover and prolong their life, leading to greater sustainability of the established business. The RTLC requires that all vehicles need to be given daily checks and maintained by a qualified mechanic every 12 weeks. Given the limited undercover space available on the site at present it is difficult to achieve this without either emptying the existing barn of its contents when the mechanic visits or for the inspections and any work to be undertaken outside. ![photograph from page 8](https://images.planningportal.im/2022/10/118907.jpg) #### 5.0 Conclusion 5.1 Whilst the site is not designated for development, an arboriculture is not one of the exceptions listed in General Policy 3 of the Strategic Plan; the proposal will not generate any additional traffic, will not result in any visual or environmental harm, and will complement an existing, established business which supports good management of the countryside. 5.2 The building will not be seen other than from within the site and will enable better management of the existing business and ensure the longevity and proper storage of the equipment and vehicles associated with the operation all in accordance with the requirements of the Road Traffic Licensing Committee. 5.3 The land associated with this application is not inconsiderable and buildings of this size and nature are not uncommon when required for agricultural purposes and often found within the countryside. **Sarah Corlett** 17.10.22 Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C ## Sarah Corlett ### Appendix One ### F4 Sulby ### Key Characteristics - Predominantly flat landscape underlain by subdued mounds of sand and gravels. - Belt of farmland, running east-west and consisting of a patchwork of predominantly arable fields (interspersed with patches of rough grassland and pasture). - Fields delineated by a combination of mature Manx hedgerows and simple post and wire fences. - Main A3 (TT course) and A13 roads run east-west across the area, connected by several northsouth running minor rural roads. - Predominantly rural character, with built character dominated by traditional Manx architecture. - Strong sense of tranquillity at distance from A13, A3 and Ramsey. - Strong sense of place throughout the area, provided in part, by views to the dramatic skyline of the Northern Uplands. - Black and white Manx milestones lining the path of the A3. ### Overall Character Description Underlain by platforms and subdued mounds of sand and gravels, landscape within this area is predominantly flat (to very slightly undulating) and is situated on the northern plain, to the north of the Northern Uplands. This character area forms an east-west belt of farmland, which lies adjacent to the Curragh (to the west), Sulby River Valley (at the base of the uplands to the south) and Ramsey (to the east). A patchwork of predominantly arable fields (interspersed with small patches of rough grassland and pasture) dominates the character of the area. Field boundaries delineated by a combination of mature hedgerows and simple post and wire fences. Occasional drainage ditches are also visible at field boundaries. Medium to large-scale arable fields dominate the pattern of the eastern half of the character area. Further to the west, a belt of intricate, small-scale irregular fields, delineated by a network of mature hedgerows, stretches from the east of the Curraghs and south of St. Jude's. The main A3 and A13 roads roughly follow the southern and northern boundaries of the area respectively. Several minor connecting rural roads run at right angles (north-south) to the main roads. Settlement patterns are relatively isolated, consisting of scattered farmsteads, houses small hamlets such as St. Jude's. Traditional architecture is similar to other adjacent character areas, with a small, yet distinctive church at St. Jude's. The landscape within the eastern part of the area abuts the western urban edge of Ramsey, facilitating views both into and out of the urban area. The built character of the urban edge has an impact upon the otherwise predominantly rural character of the area. There is a strong sense of tranquillity at distance from A3, A13 and the urban edge of Ramsey. Throughout the area a strong recognisable sense of place is provided in part by views to the skyline of the imposing and dramatic uplands to the south. The A3 is lined with sporadic distinctive black and white Manx milestones and the instantly recognisable black and white kerbs denoting the TT course. Sense of tranquillity is greatly disturbed during TT season. ### Key Views - Dramatic views southwards to the imposing skyline of the uplands, which often provide a dark contrast to the adjacent landscape. - Relatively open views across farmland, framed in places by mature hedgerows. - Views into and out of the western urban edge of Ramsey (at the eastern edge of the character area). Historic Features - St. Jude's Church. - Fort Ballachurry. #### **Ecological Features** - Species-rich verges. - Mature hedgerows at field boundaries. #### **Evaluation of Inherent Landscape Sensitivities** - Strong sense of tranquillity away from main roads. - Scattered isolated settlement pattern. - Minor rural roads enclosed by roadside vegetation. - Vernacular character of buildings and churches. - Presence of Manx Mile stones. - Few vertical elements. - Dramatic views south to Uplands. - Field pattern delineated by a mixture of stone walls, relatively tall Manx hedge-banks and post and wire fences. #### **Landscape Strategy** The overall strategy should be to conserve and enhance the character, quality, and distinctiveness of this rural area with its scattered settlement pattern, relatively strong field pattern, and enclosed network of minor rural roads. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C --- *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/9672-lezayre-ballavilley-dhoor-building-arboricultural-use/documents/961712*