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Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.1 The application site is the curtilage of Field 430816, Glen Mona, Corlea Road, Ronague, the site is part of a larger land holding. The site is within the ownership of Manx Rare Breeds Limited which has a large land holding in the area. Field 430816 formed part of a previous application but had to be removed from the previous scheme as there was concern regarding orchids within the field.
2.1 The application seeks approval for the creation of a hard core track along the edge of Field 430816. This will allow them to protect the soil structure and will avoid vegetation being damaged. The track will also allow livestock to be moved around without interacting with others.
3.1 PA 13/91384/B included the adjacent fields and proposed tracks similar to that being proposed under this application. This application was approved.
4.1 The application site is within an area zoned as Draft Areas of Ecological Importance and within a wider area of whiteland on the Area Plan for the South 2013. Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1, Environment Policy 4 of the Isle of Man Strategic Plan (20th June 2007).
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 current 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);
| Application No.: | 14/00654/B |
| Applicant: | Manx Rare Breeds Limited |
| Proposal: | Creation of a hard-core track |
| Site Address: | Field 430816 Glen Moar Corlea Road Ronague Isle Of Man |
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.
The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.
5.1 Department of Environment Food and Agriculture are satisfied that the application would not have an adverse impact upon orchids. 5.2 Malew Commissioners do not object. 5.3 Highway Services of the Department of Infrastructure do not oppose.
6.1 The application seeks approval for the creation of a hardcore track along the boundary of the field which forms the application site. The main issues to consider in the assessment of the application are whether the proposal is agriculturally justified, whether the proposal would have a harmful impact upon the landscape and whether the proposal would have a harmful impact upon any protected species.
6.2 The application states that the track is required for moving stock and enabling feed to be safely taken out to fields. They also say that the tracks will avoid vegetation being damaged, protect soil structure and field drainage.
6.3 It is considered that the track is justified in terms of the agricultural need. The works are being carried out to improve the site, whilst it would result in a track constructed of hardcore, it would not be to such an extent that it would have an adverse visual impact.
6.4 The applicant has arranged to have a survey carried out to check for orchids. This was carried out by Wildflowers of Mann which is part of Manx Wildlife Trust. A letter has been submitted which indicates that the area of proposed works does not contain orchids and nor is it species rich. They feel that the construction of a track in this area would not substantially diminish the ecological value of the site. It is accepted that the proposal would not be contrary to Environment Policy 4.
6.5 For the above reasons the application is considered to be acceptable and is recommended for approval.
7.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; the Department of Environment, Food and Agriculture, as their comments have been deemed material; Highway Services, and the Local Authority, Malew Commissioners in whose district the land the subject of the application sits.
Recommended Decision: Permitted
Date of Recommendation: 15.07.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 15-7-14
Signed : _________________________ Chris Balmer Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Sarah Corlett Senior Planning Officer
Signed : _________________________ Jennifer Chance Head of Development Management
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