Officer Planning Report

Officer's Report

Application No. :	12/00925/B
Applicant :	Mr Christopher Treanor
Proposal :	Erection of an animal shed / food store
Site Address :	Winterbrook Cottage Ballaragh Road Laxey Isle Of Man IM4 7PG
Case Officer :	Miss Melissa McKnight
Photo Taken :
Site Visit :	17.07.2012
Expected Decision Level :	Officer Delegation

The Application Site

1. The application site is Field 614269, a parcel of land sited above Glenmoar and Ard Reayrt northwest of Ballaragh Road, Laxey. The parcel of land is owned in association with 'Winterbrook Cottage' 100 metres southwest of the application site. Field 614269 is currently used as private space and a storage area. Winterbrook Cottage is a part single and two storey property with two detached garage ports on site.

1. The boundary treatment of the application site field comprises hedging and natural vegetation on all edges of the field. The field abuts the garden of Winterbrook Cottage with attractive landscaping works to the south and adjoins a track leading up to the property to the north of the site.

1. The surrounding area is characterised by countryside features such as high levels of vegetation, sparse populated properties apart from Ard Reayrt housing estate and general open space. There are a number of farm buildings more than 300 metres above the application site.

The Proposal

1. The proposal comprises the erection of an animal shed/food store measuring 9.1 metres wide by 18.4 metres long. The proposed animal shed/food store is to have an overall height of 3.2 metres with the roof having a 10 degree pitch.

1. The proposed animal shed/food store is to be finished in metal sheets to be painted blue with the roof finished in tanalised timber cladding.

1. The proposed animal shed/food store does not require a new or amended supply of utilities.

1. The shed is to stand on eight concrete blocks set into the ground. The internal concrete floor will then be poured to reduce load bearing. The floor will stand on top of a consolidated sand base.

Planning History

1. The application site has been the subject of three previous planning applications, two of which are considered specifically relevant to the assessment of this current planning application:

PA 11/00758/B: Alterations and extensions to dwelling. This previous planning application was permitted.

PA 08/02313/B: Erection of a dwelling to replace existing redundant agricultural building. This previous planning application was refused.

Planning Policy

1. The application site is not designated for any site specific purpose but is in an area recognised as part Area of High Landscape or Coastal Value and Scenic Significance and part area of ecological interest, not zoned for development, under the Laxey and Lonan Area Plan Map No. 1. There are two policies within the written statement that accompanies the Laxey and Lonan Area Plan Order 2005 that are considered specifically relevant to the assessment of this planning application:

L/OSNC/PR/1 states:

"There will be a general presumption against development in areas designated as open space or open space for particular purposes."

L/OSNC/PR/3 states:

"In order to preserve those areas of ecological interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This policy will apply to those areas identified as of ecological interest on the plans and those which may be identified in the future as of such importance."

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

General Policy 3 states:

"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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".

Environment Policy 2 states:

"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential."

Environment Policy 21 states:

"Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used."

Representations

1. Laxey Village Commissioners have recommended the application be refused on the following grounds:

"The proposed structure is excessive in terms of size and therefore would have a detrimental impact on the scenic amenity of the area.

The proposal is contrary to policies L/OSNC/PR/1 and L/OSNC/PR/7 of the Laxey and Lonan Area Plan."

Assessment

1. Given the nature of the planning application and the level and scale of development proposed, it is imperative to consider the impacts of the proposal on the surrounding area and the character and quality of the countryside.

1. The purpose of the proposed animal shed/food store will primarily be for livestock and a feed store. The livestock at present include a horse, donkey, sheep and some poultry. The applicant has also added that the store will be used for the storage of various plant/machinery.

1. The application site is fairly open from the track road. Although the track road is for Winterbrook Cottage which is the end property would not be used by many others but visitors and the local residents of the property and the proposed animal shelter/store would still be visible from a public thoroughfare and given the size of the proposed development and proposed finish, the proposal would be an incongruous feature within the countryside and have a damaging visual impact on the immediate and wider area.

1. The proposed development is not considered to protect the appearance of the countryside and is out of keeping with the immediate surrounding area and is therefore contrary to Environment Policy 2 and Environment Policy 21 on the grounds that the proposal does not preserve the character and quality of the countryside and immediate area of ecological interest.

1. Although Laxey Village Commissioners have objected to the application against policy L/OCNS/PR/7 which relates to agricultural buildings, the Planning Division does not believe that the proposed building is to be used for agricultural purposes given the proposed uses.

1. Overall it is concluded that the planning application does not accord to the provisions set out in L/OSNC/PR/1 and L/OSNC/PR/3 of the Laxey and Lonan Area Plan Order 2005 and General Policy 3, Environment Policy 2 and Environment Policy 21 of the Isle of Man Strategic Plan 2007.

RECOMMENDATION

1. It is recommended that the planning application be refused.

PARTY STATUS

1. The local authority, Laxey Village Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation
Recommended Decision: Refused
Date of Recommendation: 27.07.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. The proposed development would not qualify as one of the exceptions to the presumption against development in the countryside as set out by General Policy 3 of the Isle of Man Strategic Plan 2007 and as such would contravene this established policy which aims to prevent development that fails to preserve or enhance the Manx countryside.

R 2. The proposed animal shed/food store, by reason of its size, siting, design and finish would be contrary to the provisions of Environment Policy 2 and Environment Policy 21 of the Isle of Man Strategic Plan 2007 as the proposal fails to protect the character and quality of the landscape and is considered to be detrimental to the character and appearance of the countryside.

R 3. The proposed development represents unwarranted development within the countryside and area recognised as an area of ecological interest and would be contrary to both L/OSNC/PR/1 and L/OSNC/PR/3 of the Laxey and Lonan Area Plan Order 2005 that aims to prevent development within areas designated as open space and areas of ecological interest.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 30.7.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Samuel Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager