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Application No.: 16/01086/B Applicant: Wide Acre Limited Proposal: Creation of new track between field numbers 430648 and 430647. Site Address: Field 430648 Braaid Road St Marks Ballasalla Isle Of Man Case Officer : Mr Edmond Riley Site Visit: 18.10.2016 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is represented by two, thin strips of land on a much wider area of land associated with Ballavarvane Farm, which is located to the east of the B35 highway as it travels north from St. Mark's. These strips of land are on an agricultural field, and connect the farmyard with an existing farm track, which itself (eventually) connects to highways both west and east. It is not known if the Farm itself is actively worked at the moment.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought to alter the strips of land to form a farm track. This would be formed of 'clean type approved material' at an average depth of roughly 16cm. Access to the new track would be provided via the breaking through, at a width of 3.65m, of an existing sod hedge. The full length of the resulting track would measure 165m. - 2.2 The application form indicates that the track will "avoid vegetation being damaged by vehicles, protect soil structure & field drainage. Trees will be planted south of the track".
3.0 PLANNING HISTORY - 3.1 The farmyard was the subject of several applications during the late 1980s / 1990s, but no application has been submitted in the area since 1997. Those applications primarily related to new or altered agricultural buildings and none is considered material to the assessment of this application.
4.0 THE DEVELOPMENT PLAN - 4.1 The site lies within an area zoned as 'white land' on the Area Plan for the South, and is therefore not zoned for any particular kind of development. Much of the farmyard and land to the east is zoned as containing Registered Trees, but this somewhat sizeable area lies to the east of and therefore outwith - the application site. - 4.2 In view of the nature of the proposal, it is considered appropriate to assess it against General Policies 2 and 3, Environment Policies 1 and 4 and also the following paragraphs of the Strategic Plan:
4.2 The Area Plan also includes some useful text: Landscape Character Area D14 states, in part: "The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities." - 5.0 REPRESENTATIONS
5.1 Highway Services of the DoI commented as follows on 13.10.2016:
"The proposal is to provide a gravel track in a field to link up existing tracks. There are no public rights of way affected by this proposal and there is unlikely to be additional traffic accessing the highway.
"Highway Services does not oppose this application."
5.2 Malew Commissioners offered no objection on 13.10.2016.
6.1 The landscape characterisation as set out in the Area Plan is interesting to note. The plans submitted demonstrate the clear field pattern described, and there is no doubt that this particular farm contributes to this characterisation. Protection of those features from a visual point of view is therefore important (as per D14 of the Area Plan and EP1 of the Strategic Plan) and careful consideration needs to be given in this respect. Moreover, protection of the habitat the hedgerows provide is also important (EP4). Against this needs to be balanced part (f) of General Policy 3, which states that "engineering operations which are essential for the conduct of agriculture" are one of the eight specified exceptions to development in the countryside. This application, given the reasoning outlined by the applicant, is considered to be sufficiently necessary and related to the growth of the farming business as to qualify as an 'essential' need. - 6.2 It is also important to bear in mind the scale of what is proposed here. The proposed loss of the sod hedge 3.65m in width is not significant in either visual or habitat terms, as perhaps referenced by the lack of comment from the Senior Biodiversity Officer or MNH, unlike similar - but much larger - development proposals (e.g. PA 16/01045/B, 16/01056/B) where comments have been received. However, it is still considered appropriate to restrict the timing of the works to those months outside of the bird nesting season so as to avoid damaging nests. - 6.3 There is logic to the argument of applicant's agent in terms of the desire to protect the wider land from harm by directing vehicle movements to one specific place, as per GP3(f). Although it is possible that the track may be visible from highways, it will not be to a significant degree but, in any case, the track is likely to sit fairly comfortably against the context of the surrounding farmyard, such that even if it could be seen it would not be harmful as required in Environment Policy 1. - 6.4 The comment of Highway Services is noted. The track running almost perfectly due west from the end of the new track is an existing track, with highway access, and which could probably be returned to use without any planning approval. Visibility from this access would not be
particularly good at the moment, owing to the build-up of self-set and unmanaged vegetation and also the curve of the road to the north. (Visibility to the south is generally better.) However, it is also true that this existing, albeit unused, track already connects directly to the farmyard such that the conclusion of Highway Services is logical, and no concern on highway safety grounds can or should be raised with respect to this particular application.
7.1 It is recommended that the application be approved subject to the condition mentioned, as well as the normal time limit condition. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Recommendation Recommended Decision: Permitted Date of Recommendation: 26.10.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
The development hereby approved relates to the Drawings and Photographs, carrying the references 001, 002, 003, 004, 005 and 006 and all date-stamped as having been received 8th September 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: 27.10.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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