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The application is before the Planning Committee as the views of the Local Authority are contrary to the recommendation of the Planning Officer.
SITE
The site represents the curtilage of Field 624412, Booilushag, Ballajora, Ramsey, which is a parcel of un-development land, located on the eastern side of the Ballajora Hill (A15 Road) and south of Maughold Village.
PROPOSAL The application seeks approval for the creation of vehicular access from field onto highway. The field was until recently part of the field to the northwest of the application site. The field was recent split into two. An application (10/00477/B) on this smaller field for a new access was recently refused on the grounds that it was contrary to planning policy which seeks to protect development in the countryside and that the required visibility was not provided.
There are two reasons for this application; the first is due to the owners of Ballajora House wishing to buy a parcel of land, directly adjacent to their dwelling, from the applicant. However, this would result in the only access which serves the field to be lost to the applicant.
The applicant has also indicated that the proposal would improve visibility when exiting the site, as the current access according to the applicant is difficult to negotiate due to an increase size of farming machinery. Additionally, the access would be difficult to alter due to mature trees and the boundary wall of Ballajora House.
The proposed new access would be sited approximately 30 metres to the northeast of the existing access. The proposal to achieve the visibility and a vehicle pull in area, would result in the removal of 9 metres of Manx sod banking (approx 1.5-1.8m high) to create the new access, and the lowering of the existing sod banking either side to 0.45 metres in height, to achieve the required visibility splays. New sod banks to match the existing would be constructed, which would run from the roadside edge, set slightly behind visibility splay, to the new field gate.
The field gate would be setback 6 metres from the back of the highway to provide a vehicle pull in area, which would be surfaced with hardcore.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'white land'; 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:
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:-
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
Maughold Commissioners (14.07.2010) have objected to the application:- "Members of the Commission considered this application carefully and feel that the proposals are contrary to the intention of several key areas of Planning Policy. They strongly object to the loss of any traditional hedgerow/sod banks particularly where there is little or no justification for such removal.
In the first instance, Members note that there is an existing entrance to the field. They feel that, on the evidence presented in the application material, the new entrance is somewhat unnecessary.
In this regard, the Commissioners have been advised by a resident of the area that a further part of the field is to be divided. However, no such information is included in the application papers and the Commissioners can only judge the application on the information officially submitted by the applicant and architect.
The area of the application is one of great character. The hedgerow is along an extremely attractive section of the National Footpath the Raad ny Foillan; running between several scattered traditional cottages. The hedgerow greatly enhances the character and high quality of this landscape.
It is the view of the Commission that the development, as proposed, will harm this character and quality.
The Isle of Man Strategic Plan presumes against removal of hedge rows and sod banks. As indicated at section 7.4.1.
Clearly, the proposal to remove this section of hedge will be detrimental to the unique character of the Ballajora Hill area and, as is further stated in Section 7.4.1.
The Isle of Man Strategic Plan refers to the forthcoming Landscape Character Assessment Document which has been published in draft form and is emerging into planning policy. Within this document the area of the application is identified as Area D1 Section 4.5 of this document insists that: 'The overall strategy for the protection and enhancement of Incised Slopes Landscapes Landscape Character Type is to conserve and enhance: the remote and rural character....the network of sunken and enclosed roads; and substantial hedgrerows and sod banks dividing irregularly shaped pastoral fields.'
It is the view of the Commission that the applicant/architect has failed to provide any evidence of the necessity for this development that would warrant the setting aside of the above policies and principles.
The official recognition in Planning Policy that the character of this particular area of the Maughold landscape should be protected is very welcome to the Commissioners and residents of the area.
The Commissioners will remain opposed to this application even if the applicant is given further opportunity to provide evidence that the new entrance is essential for the reason that the field is being divided.
The replacement of a long established sod bank with post and wire fencing is quite unacceptable in this location. However, Members would consider amended proposals to reinstate the sod hedge along the indicated sight lines.
The Commissioners strongly object to this application as it currently stands." Further to this objection, amended plans were submitted. The Maughold Parish Commissioners (08.10.10) still have concerns and that re-instated hedges tend to alter the quality of the landscapes to the detriment of the character of the area. They therefore continue to object to the application.
Highways Division have no objection:- "Has no traffic management, parking or road safety implications." The Manx Electricity Authority makes no comments to the application but ask that an informative note be attached to any given approval.
The owners/occupiers of Laurieston House, Booilushag, Maughold, has objected to the application which can be summarised as; the existing access is located where the road is slightly wider and with better visibility than the proposal; and there is already a application from the field onto the Booilushag Estate, which would result three access to field.
The owners/occupiers of Woodville Lodge, 3 Booilushag, Ballajora, Maughold, has objected to the application which can be summarised as; already an existing access; and further access will impact upon highway safety.
The owner/occupier of Rosemerryn, Booilushag, Maughold, have objected to the application which can be summarised as; reason for access is undesirable; concerns that there is already a field gate; and an application has been made for another access at the upper end of field.
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 a number of reasons for the development, these include selling (or in the process of selling) a parcel of land which has the only access to the applicants fields and to improve visibility onto the highway to provide 2.4 metres metres.
The main material planning reason would be to improve the visibility when exiting the site onto the main highway. It is this reason and this reason only, why the planning application might be considered in a favourable light, overcoming the concerns of the works to the character and quality of the existing landscape.
The amended scheme proposals to retain a large part of the existing sod bank, although of the total 22 length of banking affected by this development 9 metres of existing sod banking will be lost to create the new entrance, whilst the remaining will be lowered to a height of 0.45 metres.
To help lessen the impact of the development and help the scheme blend into the landscape, the proposal includes the construction of a sod banking, similar in height and appearance of the existing. This would be setback from the visibility splay, running from the roadside to the new field gate.
The amended scheme also proposes to close the existing access and plant hedgerow similar to that adjacent.
Meeting the applicant onsite, it was discussed whether the existing access could be enlarged to enable better visibility. From these discussions it was indicated that nearby trees would need to be removed as well has hedging. This has been confirmed by the Forestry Division.
From a public view when travelling along the Ballajora Hill Road this section of highway is narrow, with high Manx Sod banking running along the highway. It is an 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.
Overall, it is considered whilst the proposal will have a visual impact upon the character and quality of the area, the proposal would improve visibility onto the public highway, beneficial to the applicant and users of the public highway.
Furthermore the works proposes, which include the retention of part of the existing sod banking and the construction of sod banking set behind the visibility splays, will ensure over time the proposed scheme would be in keeping and a appropriate form of development, whilst providing a much safer vehicular access.
Overall, it is considered the development as proposed would not have a significant visual impact upon the character and quality of the landscape within the countryside, whilst improving highway safety to all users. Accordingly, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable 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:
Maughold Parish Commissioners It is considered that the following parties, who submitted comments, do not accord with the requirements of Planning Circular 1/06 and are therefore, not afforded Interested Party Status:
The Manx Electricity Authority The owners/occupiers of Laurieston House, Booilushag, Maughold, The owners/occupiers of Woodville Lodge, 3 Booilushag, Ballajora, Maughold The owner/occupier of Rosemerryn, Booilushag, Maughold
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: 23.11.2010 7 December 2010 10/00913/B
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