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Application No.: 10/00509/B Applicant: Mr Paul Heginbotham Proposal: Erection of an agricultural building Site Address: Ballagarman House Main Road Colby Isle Of Man IM9 4LL ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. Consultee : Arbory Parish Commissioners Notes: Comment 22.07.10 - Comments received
The site represents the curtilage of Ballagarmin House and land associated with it. The domestic curtilage extends to 4 acres and the remaining 11.5 acres are grazing land across which public footpaths cross from Ballacriy Park towards the top of Colby Glen Road and to the east.
Ballagarmin House is a large dwelling with three dormers on the front elevation and extensions to the west. The immediate grounds are landscaped with large lawned areas and planting at the edges trees and shrubs in a very formal manner.
The site lies within an area designated on the Arbory and East Rushen Local Plan as Open Space and High Landscape Value and Scenic Significance. On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area designated as Open Space and within a landscape character area of Incised Slopes where the draft Written Statement includes the following: "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:-
The following applications have been submitted in respect of this site: PA 88/01141/B - Reconstruction of existing driveway for vehicular use, from Colby Main Road to Ballagarmin, Land at Ballablack Farm, Colby, Arbory. Status - Application Permitted on Review PA 93/00473/B - Alterations and provision of additional living accommodation, Ballagarmin House, near Colby, Arbory. Status - Application Permitted on Review PA 94/01222/B - Refurbishment and excavation of ponds to control drainage, Ballagarman House, near Colby, Arbory. Status - Application Permitted on Review PA 95/00410/A - Approval in principle to demolish and rebuild the western side of Ballagarman House, Near Colby, Arbory. Status - Application Permitted on Review PA 95/00980/B - Alterations and extensions to rear of dwelling, Ballagarman House, Nr Colby, Arbory. Status - Application Permitted on Review
PA 96/00667/B - Re-construction of existing driveway from Colby Main Road to Ballagarmin, Arbory. Status - Refused 2nd October 1996
PA 97/01306/B - Raising of roof and installation of additional windows and doors, Ballagarmin House, Colby, Arbory. Status - Permitted 31st December 1997 PA 01/01475/B - Demolition and rebuilding of part of dwelling (amendment to approved PA 97/1306) Status - Permitted 20th December 2001
PA 01/01117/A - Approval in principle for restoration of former dwelling to create tourist accommodation Status - Refused at Appeal - 31st May 2002 PA 05/01795/B - Amendments to approved extension and rebuilt area of dwelling Status - Permitted 8th November 2005 PA 08/00997/B - Window alterations Status - Permitted
Proposed here is the erection of an agricultural building which will be 7.6 m by 18.3 m and 4.6 m to the ridge, finished in concrete panels with cladding in an olive green colour on the walls and grey on the roofing. The applicant is to start breeding loghtan sheep on the site and possible Highland cattle and other breeds of sheep and cattle. There are no other buildings on the site which would be suitable for this
Arbory Parish Commissioners express doubt that there is agricultural justification for this building. Further correspondence indicates that the proposed tree screen will be an improvement provided that the trees are predominantly evergreen and sufficient thickly planted and they also request a condition regarding the agricultural use of the building.
Highways and Traffic Division raise no objection to the application.
The Strategic Plan provides guidance on the erection of agricultural buildings at Environment Policy 15 which states: "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 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 is it 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".
There is a public footpath which runs from Ballacriy Park to the application site and through it, towards the eastern boundary of the site and then the path splits and runs north towards the top of Colby Glen Road and south to Cronk y Thatcher. From the point where the footpath meets the site in the west, the site for the proposed building would be straight in front of the viewer and at a higher level. The applicant has suggested that he will mitigate this by introducing tree planting at the western side of the site. Further planting at the eastern side, behind the building would also help reduce the impact of the building.
The site is of a size which requires maintenance and as the applicant intends to keep livestock to graze the land and as such the building is considered to be acceptable.
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.
Recommended Decision: Permitted
Date of Recommendation: 02.08.2010
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 an agricultural building as shown in drawings 09059001 , P4245-01 both redeived on 9th April, 2010 and the landscaping proposals received on 2nd July, 2010.
C 3. The building must be used only for agricultural purposes. C 4.
The trees to be planted must be predominantly evergreen so as to provide an effective visual screen between the public footpath to the west of the site, and the proposed building.
C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : Signed : Senior Planning Officer
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