Planning Officer Report

Planning Officer Report And Recommendations {{table:26922}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER.

The Application Site

1. The application site comprises part of field 134801, which is located to the eastern side of Clenagh Road between Sandygate and Sulby in Lezayre.

The Proposal

1. The proposal comprises the creation of a horticultural nursery including alteration to access, polytunnels, storage buildings and associated works. Planning approval is sought partially retrospectively.

Planning History

1. The application site has been the subject of three previous planning applications that are considered material to the assessment of this current planning application:

1. Planning application 09/01238/R sought planning approval for the erection of two polytunnels. The previous planning application, which was submitted retrospectively, was refused on the 19th February 2010 for the two following reasons:

Reason for refusal 1: "The proposal fails to comply with Environment Policy 17 by reason that the polytunnels and detrimental to visual amenity, sited close to a highway and due to the activity associated therewith, likely to compromise highway safety."

Reason for refusal 2: "The laying of the hardstanding associated with the erection of the polytunnels and use of the land for horticulture is incompatible with the land use zoning of the site for Nature Conservation and Ecological Importance. The resultant loss of vegetation and wildlife in the location has a detrimental impact on the environment. There is no justification of overriding national need. The proposal is therefore contrary to Environment Policy 1 and 4 of the Isle of Man Strategic Plan, 2007."

1. Planning application 09/01239/R sought planning approval for the creation of new road from existing access. This previous planning application, which was submitted retrospectively, was refused on the 19th February 2010 for the three following reasons:

Reason for refusal 1: "By reason of the increase in traffic upon a fast stretch of road, together with poor visibility, the access would be unsuitable for commercial purposes which would lead to an increased risk of accidents to both existing and proposed road users."

Reason for refusal 2: "The required visibility splay of 120m in both directions suggested by the Department of Transport is not within the ownership or control of applicant, as such, can not be achieved."

Reason for refusal 3: "The provision of the new access by reason of the removal of vegetation and the creation of hardstanding is detrimental to the visual amenities of the area and harmful to the site designation."

1. Planning application 10/01003/B sought planning approval for the creation of a horticultural nursery including polytunnels, access and associated works. This previous planning application, which was submitted partially retrospectively, was refused on the 15th February 2011 for the five following reasons:

Reason for refusal 1: "The proposal fails to comply with Environment Policy 17 by reason that the polytunnels are detrimental to visual amenity, sited close to a highway and due to the activity associated therewith, likely to compromise highway safety."

Reason for refusal 2: "The laying of the hardstanding associated with the erection of the polytunnels and use of the land for horticulture is incompatible with the land use zoning of the site for Nature Conservation and Ecological Importance. The resultant loss of vegetation and wildlife in the location has had a detrimental impact on the environment. There is no justification of overriding national need. The proposal is therefore contrary to Environment Policy 1 and 4 of the Isle of Man Strategic Plan, 2007."

Reason for refusal 3: "By reason of the increase in traffic upon a fast stretch of road, together with poor visibility, the access would be unsuitable for commercial purposes which would lead to an increased risk of accidents to both existing and proposed road users."

Reason for refusal 4: "The required visibility splay of 120m in both directions suggested by the Department of Transport is not within the ownership or control of applicant and, as such, cannot be achieved."

Reason for refusal 5: "The provision of the new access by reason of the removal of vegetation and the creation of hardstanding is detrimental to the visual amenities of the area and harmful to the site designation."

A subsequent appeal against the refusal of previous planning application 10/01003/B was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 14th July 2011.

Planning Policy

1. In terms of land use designation the application site is designated for any site specific purpose but is within a wider area of land designated as Nature Conservation Zone, Nature Reserves & Sites of Ecological Importance for Conservation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:

1. General Policy 3 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, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

1. Environment Policy 1 states:

"The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

1. Environment Policy 4 states:

"Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:
• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.
• (b) species and habitats of national importance:
• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.
• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

1. Environment Policy 17 states:

"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."

1. Environment Policy 18 states:

"Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies."

Representations

1. Lezayre Parish Commissioners recommend that the planning application be approved. They request that if planning approval is granted a condition is added that when and if the business should cease the polytunnels are taken down and the site reinstated. They state that no residential plans will be approved by the Commissioners for this site in the future.

1. The Department of Infrastructure Highways Division have advised that submissions within the planning application illustrate the extent of land within the control of the applicant and that visibility splays of 90m in both directions need to be achieved to satisfy their requirement for highway safety.

1. The Department of Environment, Food & Agriculture's Senior Biodiversity Officer (Dr Richard Selman) expresses an interest in the planning application. They ask that comments made in response to previous planning applications are considered and suggest that if planning approval were likely to be forthcoming clarification of the management plan would be necessary. Specifically, they note that the 'existing wild areas' are marked on the plan but there is nothing showing where the 'areas to be restored for wildlife' are and therefore it would be impossible to know whether the work has been undertaken, involving the removal of hardcore and remediation of those area for wildlife, as proposed in the applicant's plan. They suggest that if planning approval was granted this might be amended by a planning condition.

Assessment

1. As can be seen within the planning history section of this report the application site has been the subject of a number of previous planning applications that are directly relevant to the assessment of the current planning application. Indeed, this current planning application has been submitted to attempt to address the refusal of previous planning application 10/01003/B. It is therefore necessary to give significant weight to this previous planning application in the consideration of this current planning application. To do this it is appropriate to have regard to the conclusions of the appointed Planning Inspector for the appeal against the refusal of previous planning application 10/01003/B. The following assessment has been done on that basis taking into account the contents of the submitted planning application and relevant site visit work.

1. There is a general presumption against development outside of areas designated for development, such as the countryside, under planning policy. However, it is recognised that some development is inevitably required or is location dependent within the countryside and exceptions to planning policy to deal with such situations can be found with the Isle of Man Strategic Plan 2007. Indeed, Environment Policy 17 is considered to be of particular relevance in this respect. The actual planting element of a horticultural nursery does not constitute development and therefore does not require planning approval. It is built development and other facilities associated to a horticultural nursery that can constitute development and require planning approval. In this regard Environment Policy 17 states that 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.

It is concluded to be appropriate to base assessment of the development proposed by this current planning application on the above issues. Any other relevant issues will also be examined and assessment where appropriate.

1. One of the key issues raised by Environment Policy 17, which echoes within general planning considerations, is an assessment of the impact and acceptability of the proposed development on the character and appearance of the surrounding area. In terms of this it can be seen that significant natural screening both within close proximity and wider afield from the application site acts as a good visual barrier to limit views of and into the application site. It can also be seen that the application site itself is surrounded by significant natural screening through trees and hedging. The proposed development would see larger structures (polytunnels, growing sheds, glass houses) being located away from the Clanagh Road frontage, in positions that would be further screened by existing internal planting. That change in position of these structures is materially different to the development previous proposed and refused under previous planning application 10/01003/B. Based on site visits it is concluded that the proposed development within the application site would only be directly visible from public viewpoint when adjacent to it or within close proximity when travelling along Clanagh Road. The impact of that visibility on the overall character and appearance of the area is ultimately a subjective judgement but it is concluded, on balance, that the proposed development does not cause sufficient harm to warrant refusal of the planning application on such basis.

1. Environment Policy 17 also requires a consideration of the impact of the proposed development on residential amenity. In this regard it can be seen that the application site and the proposed development is located considerable distance from any residential properties, the closest being approximately 175 metres away. Given the significant distances and the fact that the proposed development will not be directly visible from any residential property within the surrounding area it is concluded that there would be no discernible impact on residential amenity.

1. Another consideration is the impact of the proposed development on highway safety. In this regard the extent of visibility for vehicles exiting the application site onto Clanagh Road has been the subject of substantial discussion. The Department of Infrastructure Highways Division have concluded that visibility splays of 90m in both directions need to be achieved to satisfy their requirements for highway safety. Based on site visit and submissions within the planning application it is apparent that this visibility can be achieved, and actually exceeded, from the access onto Clanagh Road. It is noted that visibility to the left when exiting the application site would rely on land outside of the ownership of the applicant. However, this land is in the control of the applicant as an agreement exists with the respective landowner to maintain the relevant area to ensure appropriate visibility through it. Furthermore, given that the area of land in question is effectively highway verge before the field starts proper and also appears to contain a drainage ditch it is very unlikely that anything would ever cause an obstruction to visibility. It is therefore concluded that the required visibility can be provided and the maintenance of that visibility can be appropriately controlled by condition if planning approval is granted. That would appear to address the concerns of the Planning Inspector appointed to consider the appeal against previous planning application 10/01003/B.

1. In addition to the above, as highlighted earlier in this report the application site is located within a wider area of land designated as Nature Conservation Zone, Nature Reserves & Sites of Ecological Importance for Conservation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982. However, it is understood that this is a somewhat broad designation made at the time of the drafting of the plan and that the application site itself does not have any actual specific ecological interest. Within the application site there are existing untouched areas and the applicant has stated that they wish to maintain those. The main untouched area is a parcel of land measuring approximately 35m by 40m located on the eastern boundary of the application site. The applicant has stated that they have no intention of touching this land, would want to manage it in accordance with the guidance of the wildlife experts, and would be content with a restriction by planning condition that prohibited the use of this part of the site as part of the nursery operation. On the basis of this it is concluded that the impact of the proposed development on ecology is acceptable subject to the imposition conditions prohibiting the use of the aforementioned untouched areas for commercial nursery purposes and the maintenance of the untouched areas being in accordance with a

management plan agreed with the Department of Environment, Food & Agriculture (Forestry, Amenity & Land Directorate). If approved it is also concluded to be appropriate to impose a condition requiring agreement over species to be planted within the application site so as to avoid the introduction of any invasive species or species that are potentially harmful to the ecology of the surrounding area.

Recommendation

1. It is concluded that the issues of wildlife management and vehicular access can be legitimately controlled by planning condition. The remaining issues are subjective judgements and, on balance, it is concluded that the impact of the development proposed by the planning application on the character and quality of the area would not be sufficient harmful to warrant refusal of the planning application on that basis. It is therefore recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

• Lezayre Parish Commissioners; and
• The Department of Environment, Food & Agriculture’s Senior Biodiversity Officer.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

• The Department of Infrastructure Highways Division.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	06.06.2013

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with drawing no.s 418-04, 418.06, 418.07, 418.11 and 418.13 date stamped the 21st December 2012 and the two drawings (1:500 and 1:1250) showing visibility splays from the application site onto Clanagh Road date stamped the 22nd February 2013.

C 3. Within three months of the date of this planning approval a management plan for the management of the ecology of the wild areas within the application site must be submitted to and agreed in writing by the Planning Authority. Thereafter the management of those areas must be undertaken in accordance with the agreed management plan.

C 4. Within three months of the date of this planning approval a list of plant species to be planted within the application site must be submitted to and agreed in writing by the Planning Authority. No species other

than those on the agreed list may be planted within the application site. Any future changes or additions to this list must be agreed in writing with the Planning Authority prior to the planting of any new species.

C 5.

No development shall occur within nor shall there be any use of the land defined as existing wild areas (hatched) on drawing no. 418.06 date stamped the 21st December 2012.

C 6.

The nursery shall only be open to customers whilst all land within the visibility splays shown within the two drawings (1:500 and 1:1250) showing visibility from the application site onto Clanagh Road date stamped the 22nd February 2013 is kept free from development or obstruction and maintained as such to the satisfaction of the Planning Authority so as to allow unobstructed views for vehicles exiting the application site onto Clanagh Road.

N 1.

The applicant is advised to discuss and agree the detail of the management plan for the management of the ecology of the wild areas within the application site with the Department of Environment, Food & Agriculture (Forestry, Amenity & Land Directorate) prior to formal submission to the Planning Authority.

N 2.

The purpose of the required plant species list is to avoid the planting of any invasive species or species that are potentially harmful to the ecology of the surrounding area. The applicant is advised to discuss and agree the list of plant species with the Department of Environment, Food & Agriculture (Forestry, Amenity & Land Directorate) prior to formal submission to the Planning Authority.

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

Decision Made : Approve Committee Meeting Date : 12/11/13

Signed : C. J. H. L. M. Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO

JEE ADDENDUM REPORT