Loading document...
Application No.: 10/00855/B Applicant: M.S.P.C.A Proposal: Erection of a portal frame building to provide an indoor dog training and rehabilitation centre Site Address: Ard Jerkyll East Foxdale Road Eairy Isle Of Man IM4 3HL ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety impliactions. Consultee : Malew Parish Commissioners Notes: no objection but would suggest the inclusion of landscaping.
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
The site defined in red represents the curtilage of the Manx Society for the Prevention of Cruelty to Animals, situated on the northern side of the A24 road between the Eairy Dam and Foxdale. The site accommodates a range of buildings - kennels, cattery, a seal pen, cafe and offices all connected with the operation of the animal sanctuary. Access to the site is from the A24 via an in and out system.
The site lies within an area designated as "white land" on the Isle of Man Planning Scheme (Development Plan) Order 1982, 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 of Incised Slopes where the following advice is provided:
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states: "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:-
PLANNING HISTORY The site has been the subject of a number of applications as follows: PA 99/02372/B - Erection of administrative block, kennel block and landscaping including wildlife pond Initial Decision - Permitted 1st June 2000 PA 00/00199/B - Relocation of approved aviary Initial Decision - Permitted 7th July 2000 PA 85/00621/B - Construction of two additional animal pounds, Ard Jerkyll, near Foxdale Dam, Malew - RECONSIDERED
Application Permitted on Review PA 86/00387/A - Approval in principle to extend isolation unit and erection of new cattery, Ard Jerkyll, near Foxdale Dam, Malew Initial Decision - Permitted PA 86/00690/B - Erection of new cattery and extension to isolation block, Ard Jerkyll, Near Foxdale Dam, Malew. Initial Decision - Permitted PA 87/04532/B - Alterations and extension to existing dog kennels, MSPCA, Ard Jerkel, Foxdale, Malew. Appeal Decision - Approved at Appeal PA 90/01333/B - Installation of 1140 litre LPG tank, Lakeside, The Eairy, Foxdale, Malew. Initial Decision - Permitted
PA 92/01115/A - Approval in principle for construction of new dog \& puppy kennels, Ard Jerkyl, East Foxdale, Malew. - Permitted on Review
PA 94/00505/A - Approval in principle for alterations and extensions, M.S.P.C.A., Ard Jerkyll. East Foxdale, Malew. Appeal Decision - Approved at Appeal 22nd May 1995 PA 96/01649/B - Extension to cattery, Ard Jerkyll, East Foxdale, Malew. Initial Decision - Permitted 26th March 1997 PA 97/00010/B - Erection of wooden cattery, Ard Jerkyll, East Foxdale, Malew. Initial Decision - Permitted 22nd May 1997 PA 01/01345/B - Erection of five lamposts Appeal Decision - Refused at Appeal 9th July 2002 PA 02/01014/B - Erection of 5, 4 metre lamp posts Initial Decision - Permitted 3rd December 2002 PA 06/00774/B - Alterations, creation of a seal pen extension and removal of front porch Initial Decision - Permitted 20th June 2006 PA 06/01510/B - Amendment to approved seal pen extension and removal of entrance porch (06/00774B) Initial Decision - Permitted 25th October 2006 PA 08/01683/B - Erection of single lighting pole with two lamps Initial Decision - Permitted 13th November 2008 PA 08/1898 - extension to car park - permitted PA 09/0409 - alterations cattery roof - permitted THE PROPOSAL Proposed now is the erection of a building alongside the dog kennels. The building would be for the purpose of the training and rehabilitation of dogs and is situated between the small animal shelter and the existing dog kennels. A proposed pedestrian door in the new building would be alongside a similar door in the dog kennels.
The building will be the same height as the dog kennels and taller than the small animal shelter but set at a lower level so will not appear higher. The building has a footprint of 20 m by 17.5 m approximately half that of the dog kennel building, and the same height - 5.5 m . The building will be clad in green sheeting on the upper level and the roof, and the lower walling finished in render and with a small stone-clad entrance porch.
Highways and Traffic Division indicate that they do not oppose the application Malew Parish Commissioners indicate that they do not oppose the application but consider that landscaping should be considered
The site is within an area where development is discouraged, however, it is an established site which provides a facility which could not easily be accommodated within a built up area. The proposed development does not extend the built curtilage of the site nor does it proposed a building which is
larger, taller or more conspicuous than those already on the site. As such, whilst the proposal does not appear to conform with the provisions of General Policy 3 which states: "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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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) 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", it is considered that the proposed facility is one which will enhance the facilities at the site which benefits the Island and animal welfare, with no adverse impacts.
The building will permit dog exercising in inclement weather and as the roads in the vicinity of the site have no footways and traffic travels quickly, will be safer as well as more convenient. It will also allow prospective owners to view and be with their animal in a reasonable amount of space. The facility can also be used for events and educational visits.
Whilst the Commissioners indicate that landscaping should be considered, the building will be built alongside an existing building of similar size and appearance and effective landscaping would be on a much wider basis than just mitigating the impact of this proposed building. A note referring to this would be helpful.
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: 16.07.2010
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 erection of a building as shown and described in drawings reference WL/10/1155/1, WL/10/1155/2, WL/10/1155/3 and WL/10/1155/4 all received on 7th June, 2010.
The applicant is recommended to consider a landscaping scheme for the whole site, to mitigate the visual impact of the complex, particularly from the northern direction.
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
YES/NO
Copyright in submitted documents remains with their authors. Request removal
