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Application No.: 16/01056/B Applicant: Glendown Farm Ltd) Proposal: Removal of a sod hedge. Site Address: Field 414114 Howe Road Port St. Mary Isle of Man Case Officer : Miss Lucy Kinrade Photo Taken: 22.09.2016 Site Visit: 22.09.2016 Expected Decision Level: Officer Delegation
1.0 SITE - 1.1 The application site lies within the curtilage of fields 414114 and 411865 which are situated on the southern side of the Howe Road (A31), Port St Mary which leads to Cregneash. - 1.2 The two existing fields are set back from the main road with field 411865 running along the rear boundary of several houses in Glenchass. - 1.3 This planning application relates to the sod hedge which runs along the eastern boundary of field 414114 which separates to two fields.
2.0 PROPOSAL - 2.1 The current planning application seeks approval for the removal of 62m the existing sod hedge and the removal of 1 tree (a tree felling licence has already been secured from DEFA on 1st September 2016 under Licence No 456/16) . - 2.2 In the instance that the hedge be removed, mitigating conditions including the planning of 200 trees and the forming of new hedges shall be implemented to compensate the loss of the existing hedge.
3.0 PLANNING HISTORY - 3.1 There are no previous planning applications that can be considered in the assessment of this application.
4.0 PLANNING POLICY - 4.1 In accordance with Map 7 of The Area Plan for the South 2013 the site is within an area not designated for development and located within zone H4 on the Landscape Assessment Area on Map - 2 of the Area Plan for the South 2013.
4.2 In the associated written statement for the Area Plan for the South 2013 H4 of the Landscape Assessment Area states;
"Cregneash and Meayll Peninsula (H4)
The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill.
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Key Views:
4.3 In terms of policy from the Isle of Man Strategic Plan 2016 there are three policies which must be considered in the assessment and determination of this application, General Policy 3, Environmental Policy 1 and Environmental Policy 4 which state; - 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:
"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."
4.6 Environment Policy 4: "Development will not be permitted which would adversely affect:
5.0 REPRESENTATIONS - 5.1 Rushen Parish Commissioners have no objection to the current planning application (21/09/2016).
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5.2 The Department of Infrastructure Highway Services have indicated that there is no highways interest in this planning application (03/10/2016). - 5.3 Dr Richard Selman Senior Biodiversity Officer at the Department of Food and Agriculture has stated that "bearing in mind the Agriculture Development Scheme policy of no net loss of hedges, the need for consistency of policy across the Department, and in consideration of wildlife effects, I have asked Agriculture about this application and I understand that 200 tree are being planted in mitigation. I therefore make no further comment, as pragmatic mitigation has been agreed. It would be useful, however, if mitigation were to be noted within planning applications." (28/09/2016).
6.0 ASSESSMENT - 6.1 The application seeks approval for the removal of 62m of an existing sod hedge between field 414114 and field 411865 to create one larger field. The fundamental issues to consider in the assessment and determination of this planning application are the impacts of the proposed development on the character and appearance of the countryside and rural location and the impact on the environment, local wildlife and habitats and the impact of the proposal on the outlook of neighbouring properties. - 6.2 In terms of policy the removal of the hedge can be justified under part (f) of GP3. The removal of the sod hedge would allow for a larger field not separated by a hedge which would improve the overall efficiency of the farming of the land and allow for improved farming operations of the overall site including the ploughing and operations of silage machinery. It is considered that the removal of the hedge shall contribute to the essential elements for the conduct of agriculture and benefit the farming enterprise working the land. - 6.3 EP1 and EP4 state the importance of protecting the countryside and its ecology. The removal of a sod hedge may be considered a detrimental impact and unwarrantable development in the countryside, and that the local ecology and habits may be at a loss in the case of its removal. However, prior to the submission of the current planning application the applicant had sought approval under the Countryside Care Scheme for the proposed works the condition that suitable mitigating conditions were to be implemented prior to or following the removal of the hedge. The CCS Approval ref:16/051 also states that a check for birds' nests is to be carried out prior to the commencing of any works. With the inclusion of mitigation conditions comprising of the planting of 200 trees and the forming of new hedges in the nearby area, we can expect that the countryside and its ecology shall be protected and the loss of the hedge in this location shall not be negligible to local habitats and that proposed works shall still allow for the efficient farming of the land. - 6.4 Given the location of the site sitting amongst a collective of farmed fields in the south of the Island and surrounded by a considerable number of other hedge rows, woodland and coarse land, it is considered that the removal of this hedge shall not have a detrimental impact on the outlook of the local area nor to the outlook of the overall landscape of the island. The removal of the hedge is not anticipated to create an adverse impact on the countryside characteristics or appearance of the fields. In terms of the Landscape Assessment for the Area of H4 the proposal shall not impact the key views which are noted as "extensive, panoramic, open views across ever-changing sea and sky engulfing the character area on three sides". - 6.5 The Landscape Assessment Area of Cregneash and Meayll Peninsula (H4) also makes reference to the "Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill...". Although important to consider the traditional field patterns of the island, the location of the site much further north than Cregneash and Meayll Hill, it allows greater scope in the potential for the removal of hedging to create larger fields. In past times the reasoning for the farming of small fields was for the purpose of hand and animal operated machinery. The use of smaller fields created a more manageable farming system. However in modern day the use of large mechanical machinery has resulted in the ability to farm much larger areas with greater ease. As such the overall sizing of modern day fields are generally on a much
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larger scale. The importance of retaining the field patterns in and around Cregneash is in conjunction with the importance of retaining the traditional farming heritage of the Isle of Man. However moving forward we must secure a balance between preserving what we have, and allowing for the adaptation and growth our current farming communities in an efficient manner which will in turn allow for the local heritage to continue.
6.6 In terms of conducting suitable mitigation it was confirmed by DEFA Field Officer Andrew Willoughby that the applicant Mr Cain was an "enthusiastic participant" of the Agri Environment Scheme and had already planted 200 trees in field 411934 during the period of March 2015 and that he had also successfully established a double hawthorn hedge alongside the farm road in field 414635 which "provides a good bird nesting habitat and a food source for over wintering birds". Andrew Willoughby addressed the mitigation and provided images in emails dated 01/11/2016 and 04/11/2016. - 7.0 RECOMMENDATION
7.1 Overall the proposed removal of the hedge has been mitigated by the conditions set out in the Countryside Care Scheme and it is considered that the application complies with GP3, EP1 and EP4 of the IOM Strategic Plan and is therefore recommended for approval. - 8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
8.2 Biodiversity Office is within the same Department as is the planning authority and as such should not be considered to have interested person status in this case.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 16.11.2016 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.
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This approval relates to the 1:500 Site Pan and associated photograph, Tree License No 456/16 and the Countryside Care Scheme Works approval ref. 16/051 all date stamped and received 7th September 2016. The application also relates to emails and attachments from Andrew Willoughby received on 1st November 2016 and 4th November 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 18.11.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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