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Application No.: 10/00396/R Applicant: Mrs Pauline Miller Proposal: Erection of a fruit cage (retrospective) Site Address: Field 134956 St Judes Road Sulby Isle Of Man ### Considerations Case Officer: Mr Chris Balmer Photo Taken: Mr Chris Balmer Site Visit: Planning Committee ### Written Representations - Ballacowell Main Road Sulby Isle Of Man - Objects to the proposal ### Consultations Consultee: Highways Division Notes: Consultee: Lezayre Parish Commissioners Notes: Refuse Consultee: Planning Enforcement Officer Notes: Consultee: Drainage Division Notes:** Objection
The application is before the Planning Committee as the recommendation to approval the application is contrary to comments received by the Local Authority.
The site represents the curtilage of Field 134956, St Judes Road, Sulby, a parcel of land which is located approximately 180 metres east of the St Judes Road and north of the Sulby Bridge.
The application site is within an area recognised as being an area of 'White Land', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
17 May 2010 10/00396/R Page 1 of 5
"Environment Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
Policy 15: Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.
Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
Policy 17: The development of buildings and other facilities associated with nurseries and market gardens will only be permitted where: a) any built development is of a scale, form, design and material in keeping with the character of its surroundings; b) any development does not unacceptably affect residential amenity or local highway conditions; c) there is no adverse impact on the character or appearance of the area or a requirement for significant highway alterations; and d) if appropriate, those buildings are erected away from public highways and are screened from public gaze."
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
The application seeks approval of the Erection of a fruit cage (retrospective). The timber framed structure has a width of 7.2 metres, a depth of 7.2 metres and a height of 2 metres. Between the timber frames the structure is in filled with green netting.
The structure has been erected to deter butterflies and birds from eating/damaging the cabbages and other brassicas (kale, Brussels sprouts, broccoli, swedes, turnips, radish and mustard).
Lezayre Parish Commissioners have objected on the following grounds:- "Object to the fruit cage and stress that it should be moved so that it is 30ft from the Close Chairn Trench. This distance is required to allow maintenance of the trench."
The Isle of Man Water and Sewerage Authority have objected on the following grounds:- "The proposed erection of the fruit cage Field 134956 St Judes Road, Sulby is built within the Main River corridor, the position of the fruit cage would prevent the Department from having access to the river corridor which is required for maintenance."
The owner/occupier of Ballacowell, Main Road, Sulby have objected to the application on the following grounds; the ditch is maintained by the Government and require a 30 feet either side of the ditch; we farm land adjoining the ditch and the land would be adversely affected if the Government is unable to maintain the ditch.
The Planning Authority has received no other privately written representations objecting to the proposal.
In terms of planning policy relating to this type of development, Environmental Policy 15 and 17 are required to be considered.
Both policies allow such development as long as the proposal would not result in an adverse visual impact upon the character of the surrounding countryside, especially from public views.
The structure which is currently in place is not overly apparent from public view. The closest public highway is the St Judes Road, approximately 180 metres away. From the St Judes Road the proposal is most apparent from the entrance of the site onto the St Judes Road, albeit these views are distant. Other than this view, the site is well screened, which is due to substantial landscaping which runs along the majority of the St Judes Road.
Further to this, the boundary treatment around the application site also reduces the visual appearance of the proposal.
The design and materials used also helps reduce the appearance of the structure, given the timber frame and green netting. However, the existing green is a bright colour; therefore after discussions with the applicant, darker colour netting along the western elevation of the structure would be more appropriate and blend in with the surrounding landscaping of the area (a condition should be attached).
Overall, it is considered the proposal would have no adverse impacts on the character or appearance of the area therefore complying with Environmental Policy 15 and 17.
A further issue to considered are the comments received by the Commissioners and the Water and Sewerage Authority, that the proposal is built within the 30 feet ( 8 metres) Main River Corridor and would prevent the Department from having access to the river corridor which is required for maintenance.
In terms of planning policy, Environmental Policy 7 deals with development near to watercourses and such development which would cause demonstrable harm to a watercourse which could not be overcome by mitigation measures will not be permitted.
If the proposal was a solid brick/block structure with foundations then the Planning Division might have concerns that the proposed foundations and building works could have a significant impact upon the bank side and watercourse. As it is, the proposal is a light-weight timber framed structure which could be removed within a day. The applicant has indicated that if required they would be happy to
remove the structure. Accordingly, it is considered the proposal would not cause demonstrable harm to a watercourse and therefore comply with Environmental Policy 7.
The applicant also indicated that the Water and Sewage Authority previously accessed the directly adjacent field on the southern side of the watercourse to undertake maintenance works.
It is evident from visiting the site, that certain points of the watercourse cannot be maintained from both sides of the bank. An example of this is along the driveway from the St Judes Road and the applicant site. Along this entire stretch of driveway, the opposite side of the watercourse bank cannot be access due to vegetation (trees/hedgerows). Accordingly any maintenance of the bank has to be undertaken from the driveway side of the bank.
It would be difficult to sustain a refusal of this application based solely on the Authority's objection and not on material planning grounds.
Paragraph 7.9.1 of the Isle of Man Strategic Plan states:- "In addition to requiring planning permission, any work on a watercourse, stream or designated Main River (and normally including the banks for a distance of 9 m (30ft) either side) requires the permission of the Department of Transport's Land Drainage Engineer, in accordance with the Land Drainage Act 1934."
Consequently, the applicant will require permission from the Water and Sewage Authority for the proposal under the Land Drainage Act 1934 for the proposal. Should that Authority not give its approval it would effectively nullify the grant of planning permission.
It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), for the reasons set out in this report, accordingly, it is recommended that the application be approved.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lezayre Parish Commissioners Water and Sewage Authority It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The owner/occupier of Ballacowell, Main Road, Sulby 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.
Recommended Decision: Permitted
Date of Recommendation: 17.05.2010
This approval relates to the erection of a fruit cage (retrospective) as proposed in the submitted documents and drawings LOC 1 and SITE 1 all received on 18th March 2010.
Within one month of the decision notice the western elevation of the fruit cage is to be covered with dark green coloured netting and shall be kept and maintained thereafter.
The applicant is advised that under the Land Drainage Act 1934 that they are required to make a application to the Water and Sewerage Authority for the structure which is within the Main River Corridor.
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.
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