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Application No.: 17/00364/B Applicant: Mr Michael Justice Proposal: Conversion of agricultural store to day care facility for dogs, including improvements to existing access road and junction from main road Site Address: Ballablack Farm Main Road Colby Isle Of Man IM9 4LL Case Officer : Miss S E Corlett Photo Taken: 12.01.2017 Site Visit: 12.01.2017 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF PRIVATE OBJECTIONS WHICH HAVE BEEN RECEIVED
1.1 The site is a farm which sits to the east of Colby. The farm buildings sit some 240m from the nearest Cronk Cullyn properties which mark the eastern edge of the settlement together with properties known as Cronk y Thatcher. The farm buildings comprise a farmhouse and various outbuildings - some modern, some slightly older brick single storey structures and a handsome two storey stone barn which sits to the rear of the farmhouse. Immediately to the rear of this is a modern, portal frame building which is the subject of this application. - 1.2 Access to the site is via a 260m long private lane from the A7 main road which runs through Ballabeg and Colby. Visibility at the entrance is currently severely restricted by the alignment of the entrance hedges, even with the edge of carriageway marking being positioned slightly away from the hedge, into the road. - 1.3 The entrance lane is single vehicle width with currently no passing places. - 1.4 The farm yard has an area between the farmhouse and the stone barn where at least 6 cars can park with additional space across the lane if required if the existing vehicles and items are removed. THE PROPOSAL
2.1 Proposed is the use of the modern building for dog day care. No changes are proposed to the building which is 18m by 13.7m with a pedestrian entrance at the southern end of the western elevation. No changes are proposed to the actual site of the proposed use but works are proposed to the lane and entrance to provide better visibility and passing places. - 2.2 The works to the entrance involve the removal of the existing gate pillar to the west of the entrance, the widening of the entrance to allow two vehicles to sit off the road waiting to come in and out of the lane. The new widened lane will be finished in concrete to match the existing and the stone wall will be rebuilt in the new alignment to the west. Visibility splays to the nearside carriageway of 40m in each direction will be available with additional lowering and trimming of the existing roadside walling and hedging as required.
2.3 Two vehicle passing places will be introduced along the eastern side of the lane, involving the removal of the existing hedging. - 2.4 The applicant explains that dogs will be dropped off at the site and picked up again with an operating period of 0800 to 1800hrs Monday to Friday with a capacity for a maximum of 30 dogs. They intend to employ well trained and vetted staff and the welfare, health and safety of the dogs are of the paramount importance. - 2.5 They have lived at Ballablack for 30 years and have considerable experience with dogs. Their daughter, who lives 5 minutes' drive away, will operate the business with her parents and brother. - 2.6 They clarify that the dogs will be exercised and accommodated in the building and not allowed to roam around the surrounding fields, some of which, including those backing onto Cronk Cullyn and Cronk-y-Thatcher, accommodate livestock. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South 2013 as not for any particular purpose and within an area of Inland Incised Slopes on the Draft Landscape Character Appraisal. The key objectives of this landscape character area are to preserve the tranquil, rural nature and its open views with the sensitive location of new buildings and the use of screen planting, the avoidance of physical or visual amalgamation of roadside housing and the protection and enhancement of the identity of Colby and Ballabeg by the conservation of the rural character of the adjacent landscape. None of the associated Proposals are relevant to this development. - 3.2 Whilst the site is not designated for development, the proposal does not involve any physical work other than changes to the entrance to make it safer. The proposed use is one which is found in various types of area on the Island - mainly industrial areas (Charlotte's Doggy Day Care in Snugborough, Busy Bee Dog Training in Gladstone Park and one at Corkill's Garage in Onchan) although boarding kennels tend to be in more remote areas in the countryside. - 3.3 The proposal does not comply with General Policy 3 of the Strategic Plan which sets out the exceptions to the general presumption against development in the countryside. However, there are no specific policies or land use designations which would particularly provide for this kind of use on the Island. PLANNING HISTORY
4.1 The site has been the subject of a number of applications relating to the existing buildings, none of which is relevant to the consideration of the current application. - 4.2 A recent application for a similar facility at existing buildings opposite Tanyard House on the Braaid Road, 16/00381/C was refused for the following reasons:
"Access to the site is dangerously inadequate and as such, any use which intensifies the comings and goings to and from the site, from that which would result from the lawful use of the site, is considered unacceptable and contrary to Strategic Policy 10.
The proposed use has considerable potential for noise nuisance resulting from a number of dogs being accommodated on the site - particularly when they are entering and leaving the building, which would result in an adverse impact on the living conditions of those in nearby properties, particularly Tanyard House."
4.3 The residential curtilage of Tanyard House is 12m across the highway from this site. - 4.4 This applicant subsequently sought premises and approval within Snugborough Industrial estate (16/00911/C) which is 50m from the rear gardens of residential properties to the west which are higher than the dog day care premises.
REPRESENTATIONS
5.1 Objections have been received from the owners of 2, 3, 18, 24, 27 and 28, Cronk Cullyn. All but 27 and 28 sit within the estate and have properties between them and the site: 27 and 28 back onto open farmland which is part of the application site and sit around 245m from the building which is the subject of this application. A footpath runs to the rear of these properties, leading north to Ballagarman House. - 5.2 These objections all refer to potential noise nuisance from the proposed development, some concerned about the noise from the works to the access lane and all concerned about the noise from the dogs at the premises, with some comparing this with the noise heard from Colby Football Club grounds, which are further away. One of the parties also expresses concern that the Island's agricultural land should be used for agricultural purposes which contributes to the Island community. Concern is also expressed about the safety of the access.
Further views have been received from the residents of the following addresses, all in support of the application:
1 Oatlands Cottages, Old Castletown Road, Santon 85, Cronk Cullyn, Colby Shalmane, Old School Road, Port St. Mary
3 Meadow Court, Ballasalla The Willows, Tosaby Road, Eairy Pardess, Main Road, Colby 22 Abbots Close, Ballasalla
5.3 Some of those in support know the applicant and those involved in the proposed business to be reputable and consider that the business would be a useful facility which is lacking in the south of the Island, for those who take their dogs with them to work or leave them at home all day. Many of the correspondents own a dog or are thinking of getting one and some noting that dogs left on their own can be a nuisance to other residents if they whine and bark through boredom or anxiety. ASSESSMENT - 6.1 The issue here is whether the site is suitable for the proposed use in terms of provision for vehicular access and parking and impact on those in nearby properties and whether the proposed changes to the access are acceptable in visual and highway safety terms.
6.2 There is an increasing demand for daytime care of people's pet dogs, reflected in the number of such operations being established. The site is well suited to such a use in terms of its remoteness from other residential property which could be affected by the noise of dogs and traffic coming and
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
the owners of 27 and 28, Cronk Cullyn whose property abuts the application site. In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested person in accordance with Government Circular 0046/13:
none of the other parties who have expressed a view on the application is sufficiently close to the development to be directly affected by the development and those who have expressed support for the application would not comply with the requirements of the Circular.
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: 15.05.2017 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.
This approval relates to drawings S1, S2, S5, S5 Rev 1, S6, S7, S8 and S10 all received on 30th March, 2017.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…22.05.2017
Signed :………S CORLETT………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
YES/NO See below
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Application No. : 17/00364/B Applicant : Mr Michael Justice Proposal : Conversion of agricultural store to day care facility for dogs, including improvements to existing access road and junction from main road Site Address : Ballablack Farm Main Road Colby Isle Of Man IM9 4LL Presenting Officer : Miss S E Corlett Addendum to the Officer’s Report
The Planning Committee approved the application at its meeting of 22nd May, 2017 subject to the addition of two further conditions regarding the implementation of the access and passing places before the use commences and the restriction on the outdoor exercising of the dogs in the fields to the east of the Cronk y Thatcher and Cronk Cullyn properties.
The Committee also resolved that none of those who had written in should be afforded interested person status due to the distance between the properties and the proposed development.
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.
This approval relates to drawings S1, S2, S5, S5 Rev 1, S6, S7, S8 and S10 all received on 30th March, 2017.
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