23 June 2016 · Committee
The Warehouse, Braaid Road, St Marks, Ballasalla, Isle Of Man, IM9 3ar
This was a retrospective application to change the use of sheds at The Tanyard, Braaid Road, St Marks, from arboricultural and vehicular storage to a dog day-care and grooming business. The application was submitted by Miss Charlotte Quirk and considered by the Planning Committee, which refused it on 23 June 2016. The officer's site visit found that visibility when leaving the site was virtually nil unless the vehicle encroached onto the highway, and around twenty vehicles passed the site in a ten-minute period during the visit. The committee concluded that the business use would intensify traffic movements to and from a site with dangerously inadequate access. A second reason for refusal was the potential for noise nuisance. Multiple dogs being brought to and from the site were considered likely to cause an adverse impact on the living conditions of residents at nearby Tanyard House and other neighbouring properties.
The Planning Committee refused this retrospective application on two grounds. First, the site access was found to be dangerously inadequate, with near-zero visibility when leaving the site, making any increase in vehicle movements unacceptable. Second, the presence of multiple dogs on the site was considered likely to cause significant noise nuisance to neighbouring properties, particularly Tanyard House.
Refusal Reasons
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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 11
Environment Policy 11: Coastal development will only be permitted where it would not: i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; ii) prejudice the capacity of the coast to form a natural sea defence; and iii) increase the need for additional coast protection works except where necessary to protect existing investment or development.
