**Document:** Officer Report
**Application:** 18/00823/B — Use of part field for recreational use including siting of motorhome from March to September holiday use and erection of four sheds / structures and concrete pad for solar panels (retrospective)
**Decision:** Refused
**Decision Date:** 2018-10-19
**Parish:** Jurby
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/11925-jurby-sandygate-ramsey-change-use-shed-retrospective/documents/986004

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# Officer Report

**Application No.:** 18/00823/B
**Applicant:** Mr Richard Wilkinson
**Proposal:** Use of part field for recreational use including siting of motorhome from March to September holiday use and erection of four sheds / structures and concrete pad for solar panels (retrospective)
**Site Address:** Field 211090 Sandygate Ramsey Isle of Man Senior
**Planning Officer:** Mr Jason Singleton
**Site Visit:** 04.10.2018
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Refused
**Date of Recommendation:** 16.10.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The erection of the proposed sheds and parking of the vehicles would have a detrimental visual impact which would harm the character and quality of the landscape contrary to General Policy 3 and Environment Policies 1 and 21 of the IOM Strategic Plan.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Residents of Upper Ballacrye, Sandygate as they are within 20m of the site and have written stating their ojection and shared ownership of the access lane.

Owners of Ballacrye Farm, Sandygate who own the adjacent fields and shared ownership of the acces lane. _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is field identified as 211090, approx. 1.81 acres. The site is accessed from a pirate lane which serves properties "Ballacrye" and "Upper Ballacrye" and numerous fields either side. The private lane is accessed from Sandygate Road to the south.

1.2 From the site visit a number of structures were observed on site which contained; four timber sheds of various sizes, a transit van; a motorhome and a tractor and mower attachment. PROPOSAL

2.1 Proposed is the change of use of the agricultural field to a recreational/agricultural/horticultural use. - 2.2 The scope of works would see the use of the field being used to store a motorhome from March to September for holiday use. Also the erection of 4 sheds/structures and a concrete pad for solar panels for power. - 2.3 The applicant notes the sheds are for; a tractor shed; workshop and storage for tools; store shed and self-composting toilet. All structures are timber framed and cladded built on a concrete base foundation. - 2.4 In support of the application the applicant notes; they travel to and from the Island for Motorsport activities during the summer months and also marshal at these; the site allows for storage of their motorhome and motorbike also for the maintenance of the fields and their intention is to plant more trees and cultivate a vegetable plot. PLANNING HISTORY

3.1 The application site has not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning application. PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area zoned as white land / open space, i.e. not designated for development on Isle of Man Planning Development Plan Order 1982.

4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 4.3 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. - 4.4 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: (f) building and engineering operations which are essential for the conduct of agriculture or forestry; - 4.5 Environment Policy 1 states: 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 overriding 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.

4.6 Environment Policy 15 states: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses,

servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.

Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.

Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."

REPRESENTATIONS

5.1 Jurby Parish Commissioners Object (11/09/18) on account the land is not zoned for development; and the proposed structures would be over intensification in an agricultural field. The commissioner's further comment the shed and concrete pads should be removed.

5.2 Highways Services have commented (11/09/18) seeking a deferral as there are number of concerns regarding Highway safety for access and egress for vehicle users. (Visibility splays, parking, access into the site) - 5.3 A resident of Upper Ballacrye, has commented (31/08/18) stating their ownership of the adjacent fields and property and part owner of the adjacent laneway. In 2016 a white van appeared and in 2017 two sheds were built. The visual impact and noise from building works and residents has been a disturbance to their ponies in the adjacent field; Questions the toilet facilities and the environmental impact this may cause to the ground if chemicals are used; Will not allow the removal of the hedgerow adjacent to the laneway to create a wider entrance; The existing entrance has been used by tractors and farm machinery for 60 years. - 5.4 Owners of the adjacent fields have commented (22/08/18 and 28/08/18) to object on; a loss of prime agricultural land; would set a dangerous precedent; no domestic water supply to the field only a feed to water troughs; no disposal for the disposal of sewerage; proposal is out of keeping with the character of the area; the proposal creates a visual harm to the area and an incompatible use, and noise nuisance from the seasonal use from residents, dogs and vehicles.

ASSESMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

- (i) the principle of development;
- (ii) the visual impact of the proposed development on the character and appearance of the countryside.

- (i) The principle of development;

6.2 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F which allows exemption for buildings in the countryside and Environment Policy 15. The first paragraph requires first the Planning Authority to be satisfied that there is 'agricultural or horticultural' need for a new building, sufficient to outweigh the general policy against development in the countryside. Given the proposed use of the land is for recreational and is not connected to agriculture or the shelter of animals, the principle is not considered to set aside the exemption under general policy 3 (f) nor would it satisfy the "need" for a new building under environmental policy 15 and could be refused on this issue alone.

- (ii) the visual impact of the proposed development on the character and appearance of the countryside.

6.3 Environment Policy 1 and Strategic Policy 5 seek to prevent development that would adversely affect the countryside. The proposed buildings and motorhome would be located to the north west corner of the field and would appear to be more akin to a domestic 'shed' type building found within a residential curtilage and due to its placement adjacent to the entrance would increase its visibility within the streetscene/ countryside. This installation of the sheds would create an increase in built form in this part of the site and the stationing of the van and motorhome would be deleterious feature on this part of the countryside.

## CONCLUSION

7.1 For the above reasons, it is concluded that the strutures and vehicles would result in a detrimental visual impact and harm the character and quality of the landscape contrary to General Policy 3; Environment Policy 1, and 15 of the IOM Strategic Plan. 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:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o 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 : Refused Date : 18.10.2018 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/11925-jurby-sandygate-ramsey-change-use-shed-retrospective/documents/986004*