DEC Decision Notice

Julian Lawson 3 The Threshold Jurby Isle of Man IM7 3BG

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Malcolm Colburn, Ref 13/00616/B, for the erection of timber shed, and installation of replacement entrance gate and posts (increase in the boundary height removed from the description as it is not considered development) (retrospective) at Field 224051 Bollyn Road Ballaugh Isle of Man subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: site location plan, details of shed received on 24 May 2013; revised block plan (showing existing trees) and details of entrance gate received on 08 July 2013.
3. The shed hereby approved shall not be used other than for purposes incidental to the agricultural use of the land.

NOTE The applicant is advised that there are overhead/underground power lines in the area and that they should contact the Manx Electricity Authority for further advice.

Date of Issue: 22nd July 2013

M ballghe

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

Application No.:	13/00616/B
Applicant:	Malcolm Colburn
Proposal:	Erection of timber shed, increase in boundary height and installation of replacement entrance gate and posts (retrospective)
Site Address:	Field 224051
Bollyu Road
Ballaugh
Isle Of Man

Officer's Report

The Application Site

1. The application site is a parcel of land forming part of a small wood to the west side of the A10 in the centre of The Cronk. The site is triangular in shape. It is accessed via a bridleway to the east through the wood. There is a river alongside the south side of the site beyond which is a track to a nearby farm and open countryside. Hedges form the boundary to the site. The site is mostly wooded but there is also a clearing where there is a chicken pen and small shed. The site is used by the "agent" for the keeping of a small number of chickens. It is understood that the applicant, who is the owner of the site, is a relative.

The Proposal

1. The application follows an enforcement investigation. It seeks planning approval for the following:

• Erection of wooden shed for storage in connection with the use of the land
• The erection of a field gate to provide security (this fronts onto the bridleway which the Highways Division has confirmed is a highway. Since the gate is greater than 1 metre in height it requires planning approval).

1. The application description originally included enlargement of the hedge banks bounding the site. However, during a site meeting the applicant explained that only clippings resulting from the clearing of the site have been put on top of the banks. This does not appear to be development and has been removed from the description.

Planning History

1. 90/00911/A – approval in principle refused for the erection of a dwelling in Field No. 191.

Planning Policy

Case Officer :	Mr Edward Baker
Photo Taken :
Site Visit :	12.06.2013
Expected Decision Level :	Officer Delegation

1. The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being an Area of Private Woodland or Parkland.
2. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'

1. Environmental Policy 3 of the Isle of Man Strategic Plan 2007 is relevant:

'Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.'

1. Environmental Policy 15 of the Isle of Man Strategic Plan is relevant:

'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 will 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 it is 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.'

Representations

1. Ballaugh Parish Commissioners - no objection.
2. DEFA - no objection provided that there is no impact by the shed on the river adjacent to the site.
3. Manx Electricity Authority - there are overhead/underground lines in the area and the applicant should contact the Authority.
4. Representations - the following comments have been received from the public:

• $\quad$ Occupier of Sleepy Hollow (opposite) - wishes to know if the domestic livestock enclosure is to be increased in size. Is there any intention to increase the number of poultry on the site? The neighbour is concerned that the number of vermin will increase. There is a already a substantial vermin problem. It is assumed that this is to be a commercial venture run from the site. Concerned about any increased traffic.
• $\quad$ Occupier of BallaCanadia (marked Cooil Voorath on the OS plan) - concerned about the proposal and the lack of time given to consider it. Objects to the application for the following reasons:

a) the proposal is for the expansion of buildings currently used as a chicken farm b) a number of birds already visit their garden and damage their landscape; this could increase if more birds are kept on the site c) the proposal will detract property values d) concerned about increased vermin

• $\quad$ Occupier of Ballakinnag, Shore Road (to the north of the site) - has the following concerns:

a) the existing poultry are already noisy, particularly during early morning b) Concerns about increased vermin c) There were at least 50 chickens on site with materials on site to suggest that this is a commercial venture. This would not be in keeping with the surroundings d) There is no vehicular access to the site. How will bird faeces be dealt with? e) The applicant tried to create a vehicle access and lopped down trees f) There is a historic building nearby which should be registered in order to protect it g) The development is not in keeping with the surrounding area/countryside and will spoil an area of outstanding natural beauty h) Negative impact on property values i) It is understood that the copse is protected

• Michael Greenhouse (assumed to be a local resident but no address given) - it is understood that the site has residential approval. There is no evidence that this is being adhered to. A range of commercial uses are routinely carried out from the site and these are unsuited to the area. The site has no suitable access for anything other than pedestrian access. Any commercial activities may pose a risk to adjacent landowners encroaching on their property, and the increasing use from passing members of the public.

1. Officers indicated to the occupier of Ballacanadia that the applicant was expected to submit further information and that it was likely that this would be subject to further consultation. The applicant has submitted further information including details of the entrance

gates and the broad position of existing trees in relation to the proposed gates and shed. Due to the minor nature of this information, it is not now considered necessary to consult the public on this information.

Assessment

Background

1. The application follows an enforcement investigation in relation to the alleged creation of an unauthorised access and unauthorised development on the site.
2. It is understood that the site is being used for the keeping of chickens of their own private purposes. There was a small chicken coop on the site at the time of the site visit. This was constructed from Heriz fencing and is not considered to be operational development. The keeping of chickens appears to be akin to a small holding (at most) and agricultural and not development. There is no evidence of a commercial use.
3. To clarify, the application is seeking approval for the erection of a shed for storage purposes in connection with the current use of the land and an entrance gate. None of these elements have been built and so retrospective planning approval is not being applied for. The application is not seeking approval for the use of the land, which as previously mentioned does not appear to be development.

The principle of development

1. The proposals are small scale and considered reasonable for the use of the land, having regard to Environmental Policy 15 of the Strategic Plan.

The effect of the proposal on the character and appearance of the area

1. The main issue for the consideration of the application is considered to be the effect of the shed and entrance gates on the character and appearance of the area. These developments will not themselves impact on neighbour amenity or generate traffic.
2. The proposed shed would be situated well within the site and won't be easily seen from public views, which would principally be from the bridleway to the north east. The shed is relatively small and it is considered that it would not adversely impact on the visual amenity of the area. The proposed entrance gates are of a traditional metal five bar gate design. They would be relatively inconsequential visually. The proposals would not involve the felling of any trees or trees of amenity value. The character and appearance of the area would be preserved.

Other issues raised during the consultation process

1. The following issues are not material planning considerations:

• Vermin
• Birds escaping and damaging neighbouring property
• Devaluation of nearby property
• Disposal of foul waste from the chicken coup

1. Noise from chickens is irrelevant to this application because this is an issue connected with the current use of the land and not to the development for which approval is being sought.

1. There no evidence that the proposals will adversely affect the old shed to the east of the site.

Recommendation

1. It is recommended that consent is granted.

Party Status

1. The Local Authority, Ballaugh Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
2. The Manx Electricity Authority doesn't raise any material planning considerations and should not be granted Interested Party Status.
3. Occupier of Sleepy Hollow - does not raise any relevant issues in relation to the specific development being applied for and should not be granted Interested Party Status.
4. Occupier of BallaCanadia - doesn't raise any material planning considerations and should not be granted Interested Party Status.
5. Occupier of Ballakinnag - the only relevant issue that they raise relates to the visual impact of the development. However, they are not considered to be substantially affected by the proposal and do not physically abut the site. They should not be afforded Interested Party Status.
6. Michael Greenhouse (no address given) - does not raise any specific valid planning comments on the specific development being applied for and should not be granted Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 19.07.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : 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 the following plans: site location plan, details of shed received on 24 May 2013; revised block plan (showing existing trees) and details of entrance gate received on 08 July 2013.

C 3. The shed hereby approved shall not be used other than for purposes incidental to the agricultural use of the land.

N 1. The applicant is advised that there are overhead/underground power lines in the area and that they should contact the Manx Electricity Authority for further advice.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 22.7.13

Determining officer (delete as appropriate) Signed : Sennert Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer Signed : Signed Michael Gallagher Sennifer Chance Director of Planning and Building Control Development Control Manager

22 July 2013 13/00616/B Page 6 of 6

Case Ref. Breach Type Status Appeal Status Map Ref (E) 13/00049/COMP COMP - planning complaint PCO - Pending Consideration 233903 (N) U.P.R.N. Address 1 000115065670 Field 224051 Bollyn Road Ballaugh Isle Of Man 1 Date Received 26.02.2013 Time 15:28 Received By AQ - Mrs A B Quirk How Allocated To Area Code Ward Ward 03 - MICHAEL 03 - BALLAUGH Subject Nature Mr J Lawson Alleged creation of an access onto the Highway and unauthorised "Development" on site Dist. Office LB Grade Conservation Related EN Related DC Complaint Founded (Y/N) Actual Response Time (days) Actual Resolution Time (days) Save Exit 1 Alt. Reference Related EN No. Complainants Target Response Time (days) To Target Resolution Time (days) To

24/5/17.

Jason had already viewed the planning application when it was handed at the Public Counter.

We is happy for the application to be booked on.

James