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Yours sincerely
Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer
enc.
Appeal no: AP09/0082 Planning application no: 08/01615/B Subject: Retention and alteration of building for agricultural use. Cummal Beg, Barroose Lane, Baldrine, Lonan. Appeal by: The applicant against the Planning Authority's decision to refuse planning approval. Statement prepared by: Mr A Holmes BA(Hons) DipTP(UC) MRTPI, Planning Officer
Part 1 - Case officer's report
Application No.: 08/01615/B Applicant: Mr G E Gelling Proposal: Retention and alteration of building for agricultural use
Site Address:
Case Officer: Mr A Holmes
Photo Taken: - Site Visit: - Expected Decision Level: - Planning Committee
Consultee: Highways Division Notes: Do not oppose Consultee: Lonan Parish Commissioners Notes: Object
The application site comprises a parcel of land located within field no. 612688, adjacent to the residential curtilage of a property known as Cummal Beg, in Baldrine, Lonan.
The planning application seeks approval for the retention and alteration for agricultural use of a building that is located on the application site.
The building was the subject of another retrospective application for the retention of garage and extension of residential curtilage (07/01526R) - see below.
The planning application is being reported to the Planning Committee given the history of the site.
The application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application:
Planning application 89/00132/B sought approval for the erection of a dwelling on field no. 2076. This previous planning application was considered on the 16th June 1989, with the approval decision notice issued on the 19th July 1989. The dwelling constructed under this approval is Cummal Beg.
Planning application 02/00076/B sought approval for the erection of a garage within the curtilage of Cummal Beg. This previous planning application was initially considered on the 21st June 2002, with the initial refusal decision notice issued on the 1st July 2002. Copies of the submitted drawing and the initial refusal decision notice have been placed on the file for the current planning application.
27 April 2009
Planning application 02/00842/B sought approval for the erection of a garage within the curtilage of Cummal Beg. This previous planning application was initially considered on the 6th September 2002, with the initial approval decision notice issued on the 17th September 2002. Copies of the submitted drawing and the initial approval decision notice have been placed on the file for the current planning application.
Planning application 07/01526/R sought approval for the retention of a garage (the building subject of this application) and extension to residential curtilage of Cummal Beg. This previous planning application was considered on the 26th October 2007, with the refusal decision notice issued on the 31st October 2007. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 8th April 2008. Copies of submitted drawing, refusal decision notice and appeal refusal decision have been placed on the file for the current planning application.
REPRESENTATIONS
Lonan Parish Commissioners object to the planning application. The Commissioners highlight their objection to the original construction of this garage on the grounds that it had an adverse visual impact on the surroundings. They advise that they have been consistently opposed to retrospective planning applications and given that the proposal is essentially the same as something previously refused cannot see any reason why the planning application should succeed. It is their view that the change of use will not alter the visual impact caused by it and it is questionable whether it is large enough for the multi purposes outlined in the application. They express surprise that the applicant has made absolutely no reference whatsoever to the planning enforcement notice placed on the garage, following an unsuccessful attempt to secure retrospective approval.
The Department of Transport Highways Division do not oppose the planning application.
In terms of local plan policy, the application site is located within wider areas of land that are designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. The plan contains three policies that are considered to be specifically material to the assessment of this current planning application:
> "Development will not generally be permitted in those areas identified as open space or woodland within the study area in order to protect the natural attraction and amenities of the area."
> "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
> "Permission for the erection of new buildings related to agriculture will only be granted where the Department is persuaded that the building is essential for agricultural purposes and that they comply with the Department's policy guidance on such matters."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered to be specifically material to the assessment of this current planning application:
> "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
27 April 2009
landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
Environment Policy 1, which relates to the protection of the open countryside, 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 over-riding 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."
Environment Policy 2, which relates to landscape assessment and classification, states: "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:
Environment Policy 15, which relates to agriculture, 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 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."
The planning application seeks approval for the retention and alteration for agricultural use of a building that is located on the application site. The basic dimensions of the building proposed to be retained by the planning application are the same as the building proposed under previous planning application 07/01526/R. The differences between the two buildings are the insertion of doors in the south west elevation to replace a window and the removal of double garage doors in the north west elevation.
As stated earlier in this report, previous planning application 07/01526/R sought approval for the retention of a garage and extension to residential curtilage of Cummal Beg. This previous planning application, which followed previous planning applications and related to development undertaken without prior planning approval, was refused and subsequent appeal against the refusal dismissed. Whilst that previous planning application proposed that the building be used as a garage rather than an agricultural building as now proposed the report of the Planning Inspector appointed to consider the appeal against refusal does
contain conclusions that are considered material. At paragraph 23 of their report they concluded that the ridge height of the building makes it very visible in the landscape and unacceptable from the main road, particularly Ballamenagh Road. As the basic dimensions of the building remain the same with the current planning application those conclusions remain valid. The proposal is contrary to policies L/TRT/PR/3 & L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 and Environment Policy 1 & Environment Policy 2 of the Isle of Man Strategic Plan 2007.
However, under the provisions of policy L/OSNC/PR/7 of Laxey and Lonan Area Plan Order 2005 and General Policy 3, Environment Policy 2 & Environment Policy 15 of the Isle of Man Strategic Plan 2007 the general presumption against development in the countryside can be set aside if there is sufficient justification to warrant doing so. In this respect the applicant has advised that the building would be used for the shelter for lambing sheep that were previously housed elsewhere, the storage of winter feed that is currently stored elsewhere and the storage of two tractors that are currently stored elsewhere. As part of the assessment of the planning application, specifically against Environment Policy 15 of the Isle of Man Strategic Plan 2007, professional advice was sought from the Department of Agriculture, Fisheries and Forestry. Having discussed the proposal with the applicant their Agricultural Services Division set out their understanding and assessment of the proposal in their letter dated the 27th March 2009 (copy on application file). The pertinent points within their letter are considered to be:
i) the agricultural enterprise has a labour requirement of 0.05 labour unit and therefore does not represent a full time agricultural business or even a part time agricultural business;
ii) whilst animal health and welfare could possibly be improved by the provision of a building to house ewes during lambing due to increased observation and assistance the building is not constructed in line with modern agricultural design and has limited suitable ventilation for housed livestock or facilities to handle the disposal of effluent;
iii) the housing of the proposed stock would require approximately 19.6 square metres (the building provides approximately 47.5 square metres); and
iv) the retention and alteration of the building for agricultural use would have few practical agricultural attractions and the Department of Agriculture, Fisheries and Forestry would not view the enterprise as an agricultural business.
Based on the justification put forward by the applicant and the professional advice from the Department of Agriculture, Fisheries and Forestry it is concluded that the proposal is not required for national need nor is there sufficient agricultural need to outweigh the general policy against development in the countryside. The proposal is the therefore contrary to provisions of policies L/TRT/PR/3, L/OSNC/PR/1 & L/OSNC/PR/7 of the Laxey and Lonan Area Plan Order 2005 and General Policy 3, Environment Policy 1 & Environment Policy 15 of the Isle of Man Strategic Plan 2007.
It is recommended that the planning application be refused on the basis that it represents unwarranted development within the countryside and there is insufficient justification to set aside the presumption against such development. As the planning application is retrospective and development has already occurred it will be necessary to instigate enforcement action to require the removal of the building and the return of the land to an agricultural field. It is considered that three months is a reasonable period of time within which to require this to be done.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lonan Parish Commissioners; and The Department of Transport Highways Division.
Recommended Decision: Refused
Date of Recommendation: 21.04.2009
27 April 2009
On the basis that there is no national need for sufficient agricultural justification to set aside the general presumption against development, the proposal represents unwarranted development within an area of land that is designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. Specifically, the proposal is not a defined exception to planning policy set out by policy L/OSNC/PR/7 of the Laxey and Lonan Area Plan Order 2005 and Environment Policy 15 of the Isle of Man Strategic Plan 2007 and is therefore contrary to the provisions of policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 3, Environment Policy 1 & Environment Policy 2 of the Isle of Man Strategic Plan 2007.
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 : __________________________ Committee Meeting Date : 30/4/09 Signed : __________________________ Presenting Officer Further to the decision of the Committee, an additional report/condition reason is required. Signing Officer to delete as appropriate _________________________ NO
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