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Application No.: 10/00448/B Applicant: Mr Trevor Roberts Proposal: Creation of a farm track Site Address: - Gibdale Farmhouse - Bayrauyr Road - St Marks - Ballasalla - Isle Of Man - IM9 3AT ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: - Planning Committee ### Written Representations - Glebe Cottage Maughold Isle Of Man IM7 1AS - Interest expressed ### Consultations Consultee: Highways Division Notes: Do not oppose has no traffic management or road safety implications. Consultee: Malew Parish Commissioners Notes:** Object
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE RATHER THAN BEING CONSIDERED UNDER DELEGATED POWERS AS THE LOCAL AUTHORITY HAS OBJECTED TO THE APPLICATION AND IT IS RECOMMENDED FOR APPROVAL.
The site defined in blue represents the holding of Gibdale Farm which lies on the northern side of the Bayrauyr (B30) which links the A3 Ballamodha Straight with St. Mark's. The holding accommodates a number of buildings, most of which lie grouped in the center of the site, including an existing farmhouse with modern extensions, a converted barn and garaging. Also, to the west lies an agricultural building.
Access to the site is via a farm lane which leads due north from the B30 past the agricultural building and on to the farmhouse and barn, and on to the north west to a separate property - Little Gibdale.
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as "white land", that is, not designated for development. on the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area identified as Incised Slopes where the following advice is provided: "Incised Slopes - Ballamodha - Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
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:-
Planning permission was sought for alterations and extensions of the farmhouse under PA 90/1327 and then conversion of the barn to living accommodation tied to the occupation of the farmhouse (PA 01/0677). Permission was refused for the removal of the agricultural worker's condition under PA 04/1462 and permission was granted for the erection of an agricultural building (PA 06/0256) and a polytunnel (PA 08/1312). Permission was refused for the replacement of the farmhouse under PA 08/0574 and an amended scheme was permitted under PA 09/0703. Permission was granted for the removal of the tie of the accommodation in the converted barn to the dwelling under PA 09/1901.
As such, the site now accommodates an existing farmhouse which has permission for re-development in the form of a new dwelling sited to the south of the existing location and separate accommodation available in the converted barn to the west of the farmhouse.
Now proposed is the construction of a track leading from an existing access onto the B30 to the east of the existing farm lane, which will lead to the new dwelling, providing a separate access for the converted barn which is now a separate dwelling, the agricultural building and Little Gibdale. The track will be formed by a 3.9 m wide aggregate based track running in a straight line to the immediate east of a line of trees.
Malew Parish Commissioners indicate that they consider that there is no justification for the new track.
Department of Infrastructure Highways and Traffic Division indicate that they do not oppose the application.
Two residents of Maughold object to the application indicating that there is no justification, they express confusion at the number of dwellings on the site and suggest that not every dwelling requires its own access.
The applicant has indicated, following the objection from the local authority, that the track will be formed through the use of aggregate and is required to give access to the new farmhouse and will also provide an access for agricultural vehicles and livestock from the farm opposite whose access is directly opposite the proposed access track. The access will also provide security for the applicant's family once they have built and are occupying the new dwelling rather than sharing with two other properties.
Whilst the countryside is protected for its own sake under Environment Policy 1, the track will have a limited impact as it will run alongside an existing boundary and be utilising an existing access point onto the highway. The situation regarding access to the proposed dwelling is that three dwellings the newly separated barn accommodation, Little Gibdale and Gibdale Farmhouse will be sharing one access and the existing accesses to the converted barn and Gibdale Farmhouse both pass very close to the barn and the proposed access would provide greater security to the occupants of the new Gibdale Farmhouse with little visual impact or harm.
As such the proposal is recommended for approval.
The local authority 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.
The residents of Maughold are not directly affected by the proposal and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 11.05.2010
N : Notes attached to conditions R : Reasons for refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the creation of a hardcored access track as shown in drawings received on 30th May, 2010.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date :
Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
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