DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01443/B Applicant: Mr George Moore Proposal: Creation of a new Agricultural Access into field 324368 Site Address: Field 324368 Top Road Crosby Isle Of Man Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 09.05.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The removal of the sod bank/ alteration of the sod bank can only take place during the months of September and October, with removal of the sod bank being undertaken from the mid-section outwards. Reason: To safeguard statutorily protected species.
• C 3. Prior to commencement of the works, details of the proposed hardstanding and access arrangements, including details of the proposed fencing, sod bank and bound material, shall be submitted to and approved in writing by the Department, the development shall only be carried out in accordance with the details and retained as such thereafter. Reason: for the benefit of doubt, to safeguard the countryside and for highway safety.
• C 4. The design and construction details of the new Sod bank structure shall include large stones which partly protrude from the bank to allow common lizards access to the interior. These details shall be submitted to and approved in writing by the Department before any development is commenced and thereafter, the development shall only be carried out in accordance with the details as approved. Reason: To safeguard statutorily protected species.

N 1. Common Lizards are protected under Schedule 5 of the Wildlife Act 1990 and it is an offence to intentionally or recklessly kill, injure or take any wild animal listed in Schedule 5, or damage or destroy any structure or place which they use for shelter or protection.

If any lizards are found during operations all work must stop immediately, the Department be contacted for advice and such advice must be received and complied with prior to work recommencing.

This application has been recommended for approval for the following reason.

The proposed access is considered acceptable and to comply with General Policy 3f, Environment Policy 1 and Transport Policy 4 by providing a new access which would be a benefit to the agricultural holding without impacting the character of the countryside nor would it create any new or adverse highway safety issues. Whilst that is the case conditions should be attached regarding the proposed hardstanding and breeding birds/common lizards.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 16th January 2024;

• o Visibility splay
• o Splay upwards
• o Splay downwards
• o Site plan - visibility
• o Proposed site plan
• o Planning Statement
• o Location Plan
• o Gateway 1
• o Gateway 2
• o Existing site

This decision also relates to an email reply received 9th April 2024. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of field No. 324368, Top Road, Crosby which is part of several fields within Top Road which are farmed by GGM Ltd. Field No.324368 is a sloping site, which sloped downwards from North to South, with an access road situated to the West of the field which ends at Braaid Farm to the North of the site. - 1.2 There is currently a field access into the site at the Southern end which had a hardstanding area and barn situated adjacent. There is also a track accessed from the rear of the barn into the main field. - 1.3 The character of the area is defined by fields and sod banks which are high in appearance, due to the sloping of the site, views are awarded at several points of the field. THE PROPOSAL

2.1 The current application seeks approval for the installation of a new access into Field No.324368 which is to measure 4.5m in width. The proposal is to include the reduction of the sod bank to either side to 0.5m high for 5m to aid visibility.

2.2 The proposed gate is to be situated approximately 3m away from the main road and is to have fencing/ sod bank situated to the sides to create an access into the field of the highway. This area is to be hardstanding. - 2.3 The covering letter received as part of the application states the following regarding the access, "A new access is proposed for field 324368 as the existing access in now the main usage for Agricultural Building that has been built under Planning Application 21/00174/B. Whilst there is still access out of field 324368 via the shed and yard area, the proposed position of the new gateway would be opposite that in field 320770, this making it much easier to move stock between the fields without the need for extra help from other people saving on time and wages." PLANNING HISTORY

3.1 There are several previous applications upon the site of which, PA21/00174/B and PA24/00440/B are the most relevant. - 3.2 PA21/00174/B was for "Erection of two agricultural buildings and creation of new field access" and was Permitted - 3.3 PA24/00440/B which was for "Relocation and reorientation of 2no. Agricultural buildings (retrospective)" and is currently pending. PLANNING POLICY

4.1 The site lies within an area zoned as "not for development" on the Area Plan for the East, Map 10 - Crosby/ Glen Vine. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance. - 4.2 In terms of the Isle of Man Strategic Plan 2016, General Policy 3, part (f) which states, "Building and engineering operations which are essential for the conduct of agriculture or forestry, Environment Policy 1 which seeks that the countryside and its ecology is protected for its own sake and Transport Policy 4 which seeks that any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.

REPRESENTATIONS

5.1 The following representations can be found online in full, below is a short summery;

5.2 DOI Highway Services have considered the application and initially requested additional information/revisions (7.02.24) to which additional information was received and they have state in part, "Highways DC raise no objection to the proposal subject to the development of the field access to provide a minimum of 6m of hardstanding from the connection with the highway." - 5.3 Marown Parish Commissioners have considered the application and state, "No Objection." (23.02.24) - 5.4 DOI Highways Drainage have considered the application and state, "Allowing surface water run-off onto a public highway would contravene Section 58 of the Highways Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads." (22.01.24) - 5.5 Manx National Heritage have considered the application and state the whilst they have no issues with the proposal, they would like to point out that the work should be carried out outside of bird nesting season, ideally works on the hedgerow should take place from September to February." (01.02.24)

5.6 DEFA Biodiversity have considered the application and state that they have no objection to the works, however responsible working methods need to be put in place to ensure that lizards and breeding birds are not damaged or destroyed by the proposed works." (06.02.24)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle
• - visual impact on the countryside
• - highway safety of the access
• - impact on ecology

- 6.2 PRINCIPLE

• 6.2.1 When looking at whether the principle of the proposal would be acceptable, whilst there is already an access to the lower half of the field, which is currently the main access into the field and the new agricultural barn. The addition of an access to the upper part of the field adjacent to an access into Field No.320770, will clearly aid movements into Field No. 324368 and would reduce the reliance of the main road, and as such the proposal would clearly have a benefit to the agricultural use of the fields, which is in accordance with General Policy 3f and Environment Policy 1.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 The works will inevitably have a change effect on the appearance of the area where a green hedge was and will be replaced by a gate. However, given the agricultural benefit from the works together with their scale in the overall streetscene, it is considered that the impact of the works on the character and appearance of this section of the highway, is acceptable.

6.4 HIGHWAY IMPACT

• 6.4.1 Turning towards to Highway Services and whether the proposal is deemed acceptable. Highway Services have considered the information provided and are satisfied with the proposal in that it does not raise any concerns. Whilst this is the case they have requested that there is a minimum of 6m of hardstanding from the connection to the Highway. It should be noted that the applicant has confirmed that they are accepting of this condition but have not stated how the 6m of hardstanding is to look, whilst it can be seen from the provided information that there is to be hardstanding to the proposed gate and information has been provided to show how that is to be done, no further information has been provided on how the hardstanding within the field is to be done. As such for the benefit of doubt a condition should be attached to this application to request that details on the hardstanding is provided prior to commencement of the works.

6.5 ECOLOGY

• 6.5.1 With regards to Ecology, comments have been received from Manx National Heritage and DEFA Biodiversity, which have brought up the possibility of nesting birds and lizards within the sod banking as such a condition should be applied to state when works can be done.

CONCLUSION

7.1 The proposed access is considered acceptable and to comply with General Policy 3f, Environment Policy 1 and Transport Policy 4 by providing a new access which would be a benefit to the agricultural holding without impacting the character of the countryside nor would it create any new or adverse highway safety issues. Whilst that is the case conditions should be attached regarding the proposed hardstanding and breeding birds/common lizards. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);

• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material; .
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 13.05.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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