**Document:** Officer Report
**Application:** 17/01269/B — Alterations and erection of extension to existing agricultural building / workshop (forming amendments to PA 16/00892/B)
**Decision:** Permitted
**Decision Date:** 2018-01-18
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/11080-marown-close-veg-glen-darragh-road-alteration-extension/documents/978997

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# Officer Report

**Application No.:** 17/01269/B
**Applicant:** JDW Engineering Limited
**Proposal:** Alterations and erection of extension to existing agricultural building / workshop (forming amendments to PA 16/00892/B)
**Site Address:** Site Adjacent To Close Veg Glen Darragh Road Glen Vine Isle Of Man Case Officer : Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 08.01.2018 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The building may be used only as an agricultural machinery dealership and associated workshop. Reason: to accord with the lawful use of the site.

Plans/Drawings/Information; This decision relates to drawings 20, 21 and 22 all received on 7th December, 2017. _______________________________________________________________

## Interested Person Status

Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is a parcel of land which lies between two existing dwellings - Close Illiam and Close Kiare to the north which are both within the ownership or control of the applicant, and Close Veg to the south which is also in the ownership or control of the applicant. Also to the south are Thie Darragh and Close Mooar. Thie Darragh sits immediately alongside the access into the application site. - 1.2 Within the site are two buildings - a storage shed/workshop and a sales area and office. The larger of the two, the storage shed/workshop is 13.7m by 12.3m and 6.1m tall. This building is mainly clad in green coloured box profile sheeting and has a roller shutter door which has dimensions of 4.1m by 3.5m and sliding doors which open out to an area of 4.6m by

3.5m.

1.3 The building sits back from the road and the buildings on it are not prominent in the streetscene. When one gets closer to the buildings it is clear that the industrial shed and shop sit between two residential units, which are currently owned and occupied by Messrs Collister who are involved in the business. - 1.4 The area used for the industrial business is on site in accordance with the approved Certificate of Lawfulness (see below). THE PROPOSAL

2.1 Previously approved under 16/00892/B was the increase in height of the main building by

- 0.6m through the increase in height of the eaves and ridge (and thus the retention of the same pitch of roof) and the replacement of the sliding and roller shutter doors by two new doors -

4.1m and 4.4m wide and both 4.35m high. No changes to the building were proposed other than the installation of a new fire exit at the base of the internal stair case on the eastern elevation and the existing first floor mezzanine area was to remain as it is currently. The applicant explained that the current sheeting had deteriorated and faded and they wished to replace this with new in Juniper green ( a darker shade) as well as renewing the existing roof timbers which were showing signs of slight bowing internally. They also experienced heat loss as the existing uninsulated doors were sometimes left open. In order to accommodate the existing headroom but incorporate opening mechanisms it was found to be necessary to increase the building height by 600mm.

2.2 The applicant now wishes to build another building around the existing structure to enable the benefits of the above approved scheme to be realised whilst continuing the existing operations within the building. The applicant has since discovered that the existing structure is not capable of taking the additional loadings and cannot be upgraded to take these. The building will increase in area by approximately 1m and the roof pitch has been reduced from 15 degrees to nearer 10 degrees to result in an increase to the ridge height of 300mm. The building remains as previously approved in all other respects other than the base plinth wall will be continuous across the building and will be 600mm taller. The current application also proposes the re-cladding in a darker green.

PLANNING HISTORY 3.1 The site has been the subject of a number of applications, some of which are highly relevant in the consideration of the current proposal:

- i. PA 12/00109/B - Extension to existing agricultural building / workshop, creation of sod hedge and increase in yard area curtilage Status - Refused at Appeal 30th July 2012

The reason for refusal was that: "The proposed development is contrary to Environment Policies 1 and 2 as defined by the Isle of Man Strategic Plan 2007 in that it would result in an unacceptable intrusion into the countryside which would have a harmful impact upon its character and quality."

The appeal inspector hearing the appeal by the applicants into the refusal notes that the Eastern Area Plan has not yet commenced and any supposition about where the boundary of the settlement of Glen Vine may be is not something on which an argument in favour of the application could be found and the site is properly considered as being part of the countryside. As such, the proposal to extend the property was considered to be visually harmful to the amenities of the countryside and would also be likely to give rise to an intensification of the applicant's business which would also harm the amenities of the countryside. He considered the impact of the extension on the amenities of those in adjacent dwellings, including those currently in the ownership and occupation of the applicant or those associated with the applicant's business and concluded that there would be no significant change as to justify refusal of the application for that reason.

- ii. PA 11/01588/LAW - Application for a Certificate of Lawful Use to make lawful the existing use of the site as an agricultural machinery dealership Status - Certificate of Lawful Use Approved - 12th January 2012 Conditions

1. The submitted application contains evidence sufficient to demonstrate that the land and existing buildings contained within the application site have been used as an agricultural machinery dealership for a period of time in excess of ten years.

- iii. PA 97/00395/B - Erection of agricultural building, Close Veg, Glen Darragh Road, Glen Vine, Marown. Status - Permitted 15th July 1997 Conditions

- 1. The building may be used only for agricultural purposes.
- 2. All external sheeting must be coloured dark green (olive green or juniper green as shown

in the submitted colour chart.)

- 3. All planting, seeding or turfing comprised in the approved details of landscaping must be

carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings whichever is the sooner . Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of similar size and species.

- iv. PA 84/00724/B - Erection of garage workshop, Close Mooar, Glen Vine, Marown. Status - Permitted
- v. The building was approved to be extended under 16/00892/B as referred to above. PLANNING STATUS AND POLICY

4.1 The site lies within an area designated as open space within a wider area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order 1982. As such there is a presumption against development in this case. The main building on the site was approved as an agricultural building which was then used unlawfully for the repair of agricultural machinery for such a period that the Department was unable to issue an enforcement notice and a Certificate of Lawfulness was subsequently granted for the use of the building and site as an agricultural machinery dealership. REPRESENTATIONS - 5.1 Marown Parish Commissioners indicate that they do not oppose the application (21.12.17).

5.2 Highway Services indicate that they have no highway interest in the application (22.12.17). ASSESSMENT

6.1 The issues in this case are therefore whether the physical increase in area, and slight increase in eaves and ridge heights increase the visual impact of the building to the detriment of the countryside such that the application should be refused in the same was as was PA 12/00109/B. The recent approval of something very similar under 16/00892/B is a significant material consideration in this current case.

6.2 The building is not generally visible from the Glen Darragh Road - whilst the roof can be seen, one has to stop and look for it. The building is visible from the former railway line public footpath (Heritage Trail) although the view is restricted to a short stretch of around 22m where the newly planted conifers are not yet tall enough to screen the buildings as do the more mature conifers on each side although the buildings may be seen at a lower level if one stoops to look. From this gap, the building is visible but as are the buildings on each side, the polytunnel and parked vehicles. The field between the building and the railway line is used for grazing donkeys and ponies.

6.3 Whilst the building is being made taller and slightly wider, it is also becoming darker through the re-cladding which will offset any increased impact through the increase in height which, in any case is considered negligible in terms of the overall height of the building. There should be no discernible change in the nature or intensity of the building's use and as such the application is considered to be acceptable. CONCLUSION - 7.1 The application is not considered to be contrary to policy and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision-maker must determine:

- * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 16.01.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*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/11080-marown-close-veg-glen-darragh-road-alteration-extension/documents/978997*