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Application No.: 10/00968/B Applicant: Aldergate Limited Proposal: Creation of field access Site Address: Field 621246 Adjacent To Balladan Quakers Road Cornaa Ramsey Isle Of Man IM7 1EF ### Considerations Case Officer : Mr Chris Balmer Photo Taken: 20/07/10 Site Visit: 20/07/10 Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee : Manx Electricity Authority Notes: Comments received Consultee : Highways Division Notes: Do not oppose Consultee : Maughold Commissioners Notes: Comments received
The application is before the Planning Committee as the recommendation is contrary to that of the Highway Division.
The site represents the curtilage of Field 621246, adjacent to Balladan, Quakers Road, Cornaa, which is a parcel of un-development land, located on the northern side of Quakers Road and southwest of Ballajora.
PROPOSAL The application seeks approval for the creation of access from field onto highway. The access would require the removal of 10.8 metres of existing Manx Sod banking to create the new entrance way. The proposed field gate would be setback 6.5 metres from the back of the highway, with a width of 4.5 metres.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'white land' not zoned for development; the site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
Due to the zoning of the site the following policies are relevant for consideration:-
Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
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:
Draft Planning Policy Statement The Role of Landscape Character in Development - Planning Policy Styatement PPS 2/09:- "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:-
development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
Maughold Commissioners have objected to the application, but make the following issues:- "The policy set out in the Isle of Man Strategic Plan clearly presumes against removal of traditional hedge row and sod bank.
The Planning Policy Document entitled "The Role of Landscape Character in Development", which the Isle of Man Strategic Plan makes reference to as emerging Policy, was published in draft form by the Department in October 2009. This particularly stresses the importance of landscape features such as Manx Sod Hedges and banks in detail and asserts that such valuable features should be retained.
In the light of this established Planning Policy, Members request that the Planning Officer assesses whether the removal of a section of this ancient Manx Sod hedge is essential to the agricultural operations taking place on the field.
However, they do acknowledge that if a new entrance is deemed essential then the installation of the new entrance, as currently proposed, will result in what could be considered as a minimal loss of hedgerow in the circumstances.
The Commission also considered the unique character of the landscape around the summit of the cronk on which the field sits. The unique history of the immediate vicinity is compelling. The roadway and hedgerows in this location are clearly ancient, being at least many hundreds of years old, and not many yards away lies the unique 'horned' Neolithic burial cairn which also contains the more modern burial ground known as Ruillic ny Quakeryn. The general landscape in this area is widely admired and visited; the road itself forms part of the route of the 'Raad ny Foillan'.
As a consequence of these considerations it is the view of the Commission that any moves to disrupt the landscape in this vicinity must be closely scrutinised and any changes deemed essential must be carefully introduced.
Members would strongly oppose any further enlargement/development of the entrance as well as any development of the field that was not linked to its agricultural status."
Highways Division do not oppose:- "Has no traffic management, parking or road safety implications." The Manx Electricity Authority has made no comment to the merit of the application but has asked an informative note be attached.
The Authority has received no privately written representations objecting to the application.
In terms of planning policy Environmental Policy 2 is perhaps the most relevant for this application as the site is within an area of High Landscape or Coastal Value and Scenic Significance. Within this zoning the protection of the character of the landscape will be the most important consideration unless it can be shown that the development would not harm the character and quality of the landscape; or the location for the development is essential.
The applicant has indicated that they will use the access for themselves for agricultural purposes to maintain and cut the field. The Planning Authority has enquired why the access to the field could not be created from the property 'Balladan', rather than creating a new access. However, no response was received on this matter. It is accepted there is a level difference between the ground level of the residential curtilage 'Balladan' and the agricultural field; however, not a significant difference to prevent an access being created.
From a public view when travelling along the Quakers Road this section of highway is narrow, single carriageway, with high Manx Sod banking running along the highway. It is a attractive aspect when travelling along this section of highway and certainly adds to the visual appearance of the countryside.
This is highlighted within the Draft Planning Policy Statement The Role of Landscape Character in Development - Planning Policy Statement PPS 2/09. Within this the area the policy indicates that; 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.
Paragraph (G) of this draft policy indicates:- "Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors"
It is considered this characteristic of a sunken and enclosed rural roads and substantial hedgerows and sod banks describes the area where the proposed access would be created exactly.
The applicant has indicated that there is no reduction in the amount of sod banking as the 10.8 m of banking is pushed back into the field to form the splay which is a 14 m long section of hedge (an increase of 3.2 m ). Whilst this is correct, the character and quality of the traditional Manx Sod banking will be significantly altered, and will impact upon the visual amenities of the area.
Overall, it is considered the justification for the proposal is not significant to justify this amount of development which will have a visual impact, and consequently would harm the character and quality of the landscape, contrary to Environmental Policy 2.
The Highway Division have no objection to the proposal although the proposal would provide only very limited visibility splays in either direction. It could be argued that generally agricultural vehicles are afforded better visibility due to the height the driver sites in such vehicles. However; in a car etc, visibility when exiting from the site would be very poor, given the lack of visibility splays and the height of the existing sod banking. This is of a particular concern given the road is a very narrow
single track road, which would prevent any avoidance measures from being undertaken from passing vehicles, if a exiting vehicles where to pull out onto the highway.
RECOMMENDATION
Overall, it is considered the development as proposed would have an adverse visual impact upon the character and quality of the landscape within the countryside. Accordingly, it is recommended that the planning application be refused on the planning policy grounds that the proposed development would be unacceptable to Environmental Policy 2 and General Policy 3 of the Isle of Man Strategic Plan (June 2007).
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested 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: Refused Date of Recommendation: 23.11.2010
Conditions and Notes for Approval / Reasons and Notes for Refusal
The development as proposed would have an adverse visual impact upon the character and quality of the landscape within the countryside which is zoned as being an area of High Landscape or Coastal Value and Scenic Significance, contrary to Environmental Policy 2 of the Isle of Man Strategic Plan.
From the submitted plans the development would lead to a new access with inadequate visibility, detrimental to highway safety for all users of the new access and the existing road.
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.
23 November 2010 10/00968/B Page 5 of 6
Decision Made : Committee Meeting Date :
Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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