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The application site forms the curtilage of Field 130578, St Judes Road, Sulby, which is a parcel of land located on the eastern side of the St Judes Road and north of Sulby Bridge.
The application site is within an area recognised as being an area of ‘white land’ not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor is the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Policy 17: 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.
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
Erection of a timber shed - 09/00343/B - PENDING CONSIDERATION
The application seeks approval for the retrospective works which include the erection two timber sheds and creation of hardstanding.
One of the sheds is a proposed chicken coup which has a width of 1.2 metres, a depth of 1.6 metres and a height of 2.1 metres. The proposed tool shed has a width of 3.2 metres, a depth of 3.7 metres and a height of 2.5 metres. The hardstanding area has a width of 4.5 metres and a depth of 7 metres, which is proposed for future feed store.
Lezayre Parish Commissioners:- "Approve."
Highways Division:- "Do not oppose." The owner/occupier of Seacliffe, Old Castletown Road, Braddan has commented to the application which can be summarised as; no objection also long as it complies with Environmental Policy 17; and no more obtrusive than loose boxes and ménages.
The owner/occupier of Kafue Cottage, St Judes Road, has commented to the application which can be summarised as; question the need of three sheds, sure two sheds would look better; and the roadside of the land could have more landscaping in the form of trees.
The Authority has received no other privately written representations objecting to the application.
As stated due to the land being zoned within an area of open space/agricultural there is a general presumption against development within such areas in the countryside. Environmental Policy 17 is the most relevant policy within the Isle of Man Strategic Plan.
This policy outlines where development of buildings in relation to the use of the site is acceptable. In this case the existing timber buildings in themselves would seem appropriate with regard to their scale, form, design and material.
Additionally it is not considered the proposal would have an adverse impact to the detriment of the neighbouring residential amenities, especially Sommerled ( 45 metres to the east), given the nature of development and the limited traffic coming and going from the site. Therefore it is considered from this aspect is acceptable.
The application does raise concerns relating to the next two paragraphs (c \& d) of the policy; in particular the impact of the buildings and associate fencing and equipment upon the character or appearance of the area, but also whether the proposals are screened from public gaze. The proposal has material altered the appearance of the field and from the directly adjacent public highway the sheds and associated horticultural equipment are apparent. It is considered this does adversely impact upon the character and appearance of the area, and would represent an unwarranted development within an area where there is a presumption against development in the countryside.
In terms of precedent for similar schemes, each site is judged on its own merits. However, it is reasonable to consider given the open nature of the site and a number of similar sites in this vicinity, and along St Judes Road, permission of this scheme would set an unwanted precedent for similar development which would further impact upon to the detriment of the appearance of the countryside.
It is considered the proposal would contravene with The Isle of Man Strategic Plan (20th June 2007), for the reasons set out in this report, accordingly, it is recommended that the application be refused.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
The Department of Transport Highways Division It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The owner/occupier of Seacliffe, Old Castletown Road, Braddan
Recommended Decision: Refused
Date of Recommendation: 12.08.2009
The site is zoned as being within an area of agricultural/open space where there is a presumption against development. It is considered the retention of such buildings has a detrimental impact upon the appearance of the countryside and would therefore be contrary to Environmental Policy 17 of the Isle of Man Strategic Plan.
The erection two timber sheds and creation of hardstanding which has been refused shall be removed and the land reinstated to its former state by 8th October 2009 unless an appeal is requested.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date :
Signed : Senior Planning Officer
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