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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 two timber sheds and creation of hardstanding - 09/00342/R - PENDING CONSIDERATION
The application seeks approval for the erection of a timber shed. The proposed shed would have a width of 3.6 metres and a depth of 6 metres. The proposal would be sited on the hardstanding which is currently pending consideration under the retrospective application 09/00342/R.
Lezayre Parish Commissioners have recommended a refusal on the following ground:- "The Commissioners feel that the proposed shed is too large for the amount of livestock." 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. The design of the proposal would be a standard garden shed and therefore 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 additional building upon the character or appearance of the area, but also whether the proposals are screened from public gaze.
It is considered the proposal would material altered the appearance of the field and from the directly adjacent public highway the additional shed to the site would be visible. 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:
Lezayre Parish Commissioners 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 Kafue Cottage, St Judes Road The owner/occupier of Seacliffe, Old Castletown Road, Braddan
Recommended Decision: Refused Date of Recommendation: 13.08.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals
R 1. The site is zoned as being within an area of agricultural/open space where there is a presumption against development. It is considered the proposed building would have 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.
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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