Erection of a portal frame building to accommodate an indoor dog training and rehabilitation centre
Site Address:
Ard Jerkyll
East Foxdale Road
Eairy
Isle Of Man
IM4 3HL
Officer's Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
Introduction
This application seeks permission for the erection of a portal frame building to accommodate an indoor dog training and rehabilitation centre the proposed development is similar to the previously approved scheme which has not been implemented. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan.
The Site
The application site is the curtilage of Ard Jerkyll, East Foxdale Road, Eairy. The site is the island's animal rescue centre. The site accommodates a number of buildings within the curtilage of the site such as dog kennels, which is a fairly large metal clad building. There are also a number of other smaller buildings which accommodate the cattery, small animal shelter and the Aviary. There are also a number of fields which are to the north and east of the buildings which are used for dog walking.
The land slopes downwards away from the highway, there is a parking area to the front of the building and also to the east.
The Proposal
The application seeks approval for the erection of a portal frame building to accommodate an indoor dog training and rehabilitation centre. The building would measure approximately and would be constructed of metal cladding with smooth cement render below. There would be a number of windows and doors in the side elevations with a roller shutter door in the end elevation. In the other end there would be a canopy between the proposed building and the existing dog kennel building.
Planning History
The site has been the subject of a number of applications. Since 1985 permission has been granted for an administrative block, kennels, cattery, aviary, seal pens and car parks. Most recently, in 2010 permission was granted for the erection of a portal frame building to
Case Officer :
Miss Laura Davy
Photo Taken :
Site Visit :
Expected Decision Level :
Planning Committee
provide an indoor dog training and rehabilitation centre. This permission has not been implemented. The current application is on the same footprint as the previous approval. The only difference in the applications being that this proposal does not include a porch and there are differences in the number of doors.
Development Plan Policies
The application site is in an area zoned as "White land" identified on the 1982 Development Plan. It is appropriate to consider General Policy 3 of the Isle of Man Strategic Plan. On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area of Incised Slopes where the following advice is provided:
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
"4.5 Type D: Incised Slopes
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields.
Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:
Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;
The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape;
Approach routes, key views, and gateways to settlements within these landscapes should be enhanced;
Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided;
The use of local vernacular building styles and materials should be encouraged;
New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged;
Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors;
Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast;
Care should be taken to avoid the suburbanisation of river valleys and stream corridors;
Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided."
8. 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 land¹ 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-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.
Consultations
Highways Division do not oppose as it has no traffic management, parking or road safety implications.
Malew Commissioners do not object.
Assessment
The application site is in an area zoned as "white land" and therefore is not zoned for development. The site has an established use as an animal sanctuary and the proposed development would enhance such facilities.
The proposed building would be sited to the rear of the small animal shelter and adjacent to the existing dog kennels building. Whilst the building would be taller than the small animal building, given that the land slopes downwards away from the highway the proposed building would be at a lower level and therefore would appear to be similar in height to the small animal shelter.
The proposed building would be at the same height as the adjacent kennel building. The proposed building would be similar in size to the building which was previously approved under PA 10/00855/B. The main difference to this application is the removal of entrance porch, the installation of another door in the north elevation and the installation of a roller shutter door in the west elevation.
The proposed building would not be highly visible when travelling along the highway given that it would be screened by the existing buildings which are on site. When viewed from the other side of the Eairy Dam the building would be visible but it would be read against the existing buildings which are on site.
Whilst the land is not zoned for development the land has been used as an animal sanctuary for a number of years and this is the established use of the site. Given that the site has been used for this purpose for such a time it is reasonable to expect that they may require additional facilities for the care and rehabilitation of the animals.
Given that the land is within an area zoned as countryside/open space there is a presumption against development. However, the use of the site for the exercising and sheltering of animals is best suited to the countryside and would not be compatible within a residential area, retail area or industrial area. So whilst the facilities on site may need to expand within an area zoned as countryside it is reasonable to expect this.
Malew Commissioners have not commented on this application, but under PA 10/00855/B they suggested the inclusion of landscaping. A note was attached to the previous approval suggesting that the applicant consider a landscaping scheme for the whole site. It was considered to be appropriate to attach the same Note to this application given that the proposals are very similar and would have a similar impact.
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Malew Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 10.09.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a portal frame building to accommodate an indoor dog training and rehabilitation centre as shown in drawings WL/10/1155/1, WL/10/1155/2A, WL/10/1155/4A and WL/10/1155/4A received 1st August 2012.
N 1. The applicant is recommended to consider a landscaping scheme for the whole site, to mitigate the visual impact of the complex, particularly from the northern direction.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
