Officer Report

Application No.: 15/00478/B Applicant: SOA Investments Ltd Proposal: Erection of a detached storage building Site Address: Oakhill House Oak Hill Port Soderick Isle Of Man IM4 1AP Case Officer : Miss Melissa McKnight Photo Taken: 14.07.2015 Site Visit: 14.07.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Oakhill Estate which is sited on the northern side of the A25 Old Castletown Road, Port Soderick. - 1.2 Oakhill Estate is approximately 14 acres, (5.64 hectares), and accommodates two dwellings, a gatehouse and a pond. All dwellings are in the ownership of the applicant.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the erection of an agricultural building to the west of Oakhill Cottage. The building would be erected between 5.5 to 6 metres from the western boundary of the site. - 2.2 The proposed building would have a length of 13.7 metres, width of 8 metres and ridge height of 4.8 metres. The building would be of steel frame construction with a green coloured composite sheeting finish. - 2.3 The building would be used to store the following items which would all be used in association with the maintenance of the Oakhill Estate:

• o Estate vehicles and accessories;
• o Lawn management machines;
• o General mower;
• o Trailers;
• o Harrow;
• o General gardening hand tools;
• o Gardening equipment ie trugs;
• o Treatments for weeds / fertilisers / seeds;
• o Other planting provisions;
• o Power tools;
• o Protective equipment;
• o Garden furniture when not in use;
• o Spare items for maintaining the fences, boundaries and gates;

• o Storage shelving;
• o Logs;
• o Estate archives;
• o Carpentry items and benches and tools;
• o Food for all estate animals needing dry storage; and
• o Marquee and items for use therein.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications that are considered materially relevant to the assessment of this current planning application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as Existing Low Density Housing in Parkland under the Braddan Local Plan 1991. Policy 5.6 of the Planning Circular 6/91, the written statement that accompanies the local plan identifies Oak Hill Cottages as an area proposed for further examination of residential development. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered materially relevant to the assessment of this current planning application:

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, 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."

Environment Policy 3 states: "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."

Environment Policy 15 states: "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 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 is it 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."

5.0 REPRESENTATIONS - 5.1 Braddan Parish Commissioners have no objection to the current planning application (28/05/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (12/05/2015). - 5.3 A representation has been received from the owner and/or occupier of Craiglea who comments that there are ten trees to be removed but noted that there are not ten trees within that garden of Oakhill Cottage. The boundaries have not been drawn on the plan and some of the trees that have been included are within the garden of Craiglea. This encroachment and the view of a large shed so close is bound to have a detrimental effect on the value of Craiglea. As the proposed shed is for housing a large amount of machinery there will be concentrated noise in a small area (26/05/2015). - 5.4 A further representation was received from the owner and/or occupier of Craiglea regarding the existing screening and trees and that the first representations and comments still stand (01/09/2015). - 5.5 A representation has been received from the owners of Cronk Bane Farm in a letter dated 27th May 2015, objecting to the planning application for the following reasons:

• - Land ownership issues as indicated on the submitted drawings;
• - The removal of the boundary between the proposed site and access track and lack of evidence for its reinstatement;
• - There is no permission for right of access for the traversing over or manoeuvring on the existing stone track;
• - There is no permission for the drainage pipe to be installed within the existing stone finished track which is owned by the owners of Cronk Bane Farm;
• - There is no permission for a drainage pipe and soakaway to be installed within Field 522835.

5.6 In response to the above representations, the applicant's agent replied to the owners of Cronk Bane Farm, in a letter dated 21st July 2015, and copied in the Planning & Building Control Directorate. - 5.7 A further representation was received from the owners of Cronk Bane Farm in a letter dated 23rd July 2015 addressing the applicant's agent's letter. In summary land ownership issues remain an issue for them.

5.8 On submission of an amended location plan, a further representation was received from the owners of Cronk Bane Farm in a letter dated 31st August 2015. In summary, the owners of Cronk Bane Farm still object to the planning application as there is no right of access and no right of way from the application site over land owned by Cronk Bane Farm. Other matters raised have been summarised below:

• - There does not appear to be any proposal to plant any replacement trees and no proposals to erect screening/protection fencing or shrubbery to address the visual impact of the tree/shrubbery loss;
• - It is likely that a number of trees to be lost are not within the ownership of the applicant;
• - There was never any access, over existing stone track, across the frontage of Oakhill Cottage from Oakhill Estate.

6.0 CONSULTATIONS - 6.1 Given the proposed loss of the trees it was felt necessary to obtain the comments of the Department of Environment, Food & Agriculture (DEFA), Forestry, Amenity & Lands Directorate regarding their loss. DEFA stated in an email dated 2nd September 2015 that from the photographs available in the application it appears that the applicant is removing mainly shrubbery and other vegetation of little merit. DEFA further state that they do not see a problem with the loss of the trees but require photographs of each of the trees that would be removed along with a written description of those trees to make a more informed comment. - 6.2 During further consultation, the applicant's agent requested a condition be attached to any approval that prior to the removal of any trees these are to be agreed on site with DEFA. DEFA have confirmed in an email dated 4th September that they are content with this option.

7.0 ASSESSMENT - 7.1 It is considered that there are four fundamental issues to consider in the assessment of this current planning application which are:

• 1) The principle of the development;
• 2) The impact of the building upon the character and visual amenity of the area;
• 3) Impact upon Oakhill Cottage; and
• 4) The impact upon the residential amenity of Craiglea

- 7.2 PRINCIPLE OF DEVELOPMENT

• 7.2.1 Oakhill Estate equates to approximately 13.7 acres and as previously mentioned, the estate accommodates two dwellings, a gatehouse and a pond.
• 7.2.2 The proposed building is required for the storage of plant, machinery and equipment required for the management of Oakhill Estate which includes cutting grass, harrowing and seeding the fields to maintain good cover, managing the gardens, trees and shrubs, planting/pruning and weeding, repairs to boundary fences, estate walls and gates, general repairs and maintenance of the main house, lodge, cottage, stables and greenhouse, repairs to the driveways and paths of the estate, composting materials, general horticultural activities, cutting and maintaining the log store for the wood fired boiler and open fires including sawing, chopping and storing logs.
• 7.2.3 There is currently no building within Oakhill Estate that provides for the storage of machinery to maintain the estate. The building proposed would provide onsite storage of materials to allow for more manageable and time efficient maintenance of the estate. In addition to this, the building provides the much required storage area for other materials and

• equipment that are used in association with Oakhill Estate. It is not known where the items are stored currently.
• 7.2.4 It is considered that the use of the building and the manner in which the equipment will be used, the new agricultural building is justified in allowing the maintenance and upkeep of the estate.

- 7.3 IMPACT UPON THE VISUAL AMENITY OF THE LOCALITY

• 7.3.1 In some cases new buildings such as that proposed under this scheme can have an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is therefore important that new development should be compatible with the character of the surrounding area, and the need for new buildings in the countryside or development contrary to the land use designation be balanced against the harm that the development may have on the environment.
• 7.3.2 The site is not visible from Old Castletown Road or from any public thoroughfare given the siting of the site and significant screening within the site and as such the impact of the development on the character of the surrounding area is considered to be suitably limited. Furthermore, the building and its associated uses and contents would not be so incongruous within an Estate given the ground maintenance that is required.
• 7.3.3 Turning to the impact of the loss of the trees, although there would be a loss in a number of trees as indicated on the submitted drawings, the applicant’s agent has stated that they may not need removal at all and a number of the trees at low level appear self-seeded. For these reasons, the applicant's agent requested that should planning approval be granted, a condition be attached the removal of the trees should be agreed with DEFA prior to their removal.
• 7.3.4 Whilst out on site, and from photographs submitted within the planning application it is evident that the site benefits from dense and mature tree planning. From a Planning & Building Control Directorate perspective, the potential loss of the trees as shown on the submitted drawings would not be considered to result in a detrimental impact upon the visual amenity of the are given the types of trees to be lost and the existing volume of trees and shrubbery that would be remaining.
• 7.3.5 On assessment, due to the very limited impact of the building it is not judged that the proposal would cause harm to the visual amenity of the locality.

- 7.4 IMPACT UPON OAKHILL COTTAGE

• 7.4.1 During the consultation period, concerns were raised regarding the impact of the development upon the amenity of those residing in Oakhill Cottage with regards to noise, disturbance and outlook as a result of passing machinery and plant machinery and proximity of the building.
• 7.4.2 The applicant’s agent confirmed that Oakhill Cottage is not readily available for private rental and in the unlikelihood that it ever was made available for rental then the situation would be acknowledged prior to occupation. At present Oakhill Cottage is within the ownership of the residents of the main house and Oakhill Estate and for those reasons, it is not considered that the proposed building would unduly harm the amenity of the dwellings within Oakhill Estate.

- 7.4 IMPACT UPON CRAIGLEA

• 7.4.1 The building would be 20 metres from Craiglea and would be seven metres below the ground level of the neighbouring dwelling given the significant difference in levels. The existing trees and shrub planting would be between 2.9 and 5.1 metres above the proposed building.
• 7.4.2 In terms of the visual presence of the building from Craiglea, it is unlikely that the building would appear prominent or indeed be viewed at all. The proposed building would be just less than 3 metres below the window cill level of Craiglea, so if there would be any views of the building these would be looking down at the site which would reduce the perceived mass and bulk of the building.
• 7.4.3 A site visit was conducted to ascertain to potential impact of the building upon the residential amenity of Craiglea. On site, it was acknowledged that the trees and other shrubbery to the south east of Craiglea, west to northwest of Oakhill Estate would significantly screen the building. Therefore, it is not considered that the building would have a harmful visual impact upon the outlook from Craiglea.
• 7.4.4 Of concern are the impacts of the general use and the comings and goings of the building that may have an impact upon Craiglea with regards to noise and general disturbance. There would be tractor and other plant machinery entering the building that can potentially generate a high level of noise at times.
• 7.4.5 As previously mentioned, the building would be 20 metres from Craiglea which is considered an adequate separation distance. In addition to this, there is an approximate 8.9 metre depth of tree and shrub planting between the proposed building and Craiglea which would partly act as an acoustic barrier and mitigate significant levels of noise disturbance.
• 7.4.6 On assessment, it is judged that the building and the comings and goings would not cause a harmful noise nuisance upon the residential amenity of Craiglea by reason of the existing tree and shrub planting, distance from Craiglea and the difference in land levels.

- 7.5 OTHER MATTERS

• 7.5.1 Within the representations received a number of concerns were raised regarding the correct application site marking and land ownership issues. The location plan showing the site plan was amended to show the correct application site and all land that was in the ownership of the applicant. Further comments were raised with regard to the access track to the west of Oakhill Estate and the right of access over the track.
• 7.5.2 Firstly, the access track has not been shown within the application site and would therefore not form part of the application site. The applicant has indicated that access into the proposed building can be gained from within Oakhill Estate. Secondly, right of access and land ownership are civil matters, not material planning considerations and therefore hold no weight in the assessment of this current planning application.
• 7.5.3 Issue also arose regarding land drainage and soakaway locations. Drawing no. SC1314/P/10-03 rev. B shows that the new soak away would be located within the lawned area within the curtilage of Oakhill Estate.

8.0 RECOMMENDATION - 8.1 For the reasons set out above, the planning application is deemed acceptable and is recommended for approval.

- 9.0 PARTY STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

9.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

The owner and/or occupier of Craiglea, immediate neighbour to the application site. The owner and/or occupier of Cronk Bane Farm, owner of land abutting application site.

Recommendation Recommended Decision: Permitted Date of Recommendation: 09.09.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No trees may be felled without the prior permission of the Department of Environment, Food and Agriculture.

Reason: To provide adequate safeguard for the existing landscaping and trees and visual amenity of the area.

• C 3. Prior to any excavation or construction on site protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard

5837:2012 with or without modification) must be erected around any existing trees shown on drawing no. SC1314/P/10-03 rev. B to be retained. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the existing trees and planting to be retained within the site.

• C 4. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being completed dies, is removed or becomes seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the appearance of the development and the surrounding area.
• C 5. The building hereby approved may be used only in association with the maintenance and use of the land defined as the site in the application and must be removed and the site restored to its former condition should the building no longer be used or required for its stated purposes.

Reason: the development is approved on the basis of the stated need and would otherwise represent unwarranted development in the countryside.

This approval relates to drawing no. SC1314/P/10-04 date stamped as received 30th April and drawing no. SC1314/P/10-00 rev. A, SC1314/P/10-03 rev. B and SC1314/P/12-01 date stamped as received 10th August 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to a Senior Planning Officer. Decision Made : Permitted Date; 15.09.2015 Determining officer Signed :………………………… Chris Balmer Senior Planning Officer Signed :………S CORLETT….. Sarah Corlett Senior Planning Officer