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Application No.: 09/00261/B Applicant: Trustees Of Mrs M J Malcom Proposal: Relocation of existing agricultural building, construction of access road and removal and planting of replacement trees Site Address: - Ballacosnahan Farm - Patrick Road - Patrick Village - Isle Of Man - IM5 3AW ### Considerations Case Officer: Mr Steve Stanley Photo Taken: Mr Steve Stanley Site Visit: Mr Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee: Highways Division Notes: Do not oppose. Consultee: Patrick Commissioners Notes: No comment. Consultee: Manx Electricity Authority Notes: See Note 1. Consultee: Agricultural Advisor Notes:** Comments received
The application site represents a parcel of land associated with Ballacosnahan Farm, Patrick Road, Patrick. The site is occupied by a number of agricultural outbuildings. To the immediate north of the site is the dwelling Ballacosnahan. The site is accessed via a long lane leading from the A30 (Patrick Road) this lane also serves a property called The Vicarage.
This application seeks approval for relocation of an existing agricultural building, construction of an access road and removal and planting of replacement trees. The agricultural building proposed to be relocated is currently situated to the south east of the dwelling. This would be re-sited to the south of the site so as to be slightly closer to the existing group of outbuildings. The existing access lane
passes the dwelling and divides into two. It is proposed to create a new section of access track which would lead directly to the group of outbuildings and would be further from the dwelling. The construction of the access track and re-siting of the farm building would result in the loss of 8 trees of various sizes and species. There would be 9 Beech trees planted along side the access.
The application site is located within an area identified as being of High Landscape Value and Scenic Significance by the 1982 Development Order. The site is also identified as being an area of Private Woodland or Parkland. Within the Isle of Man Strategic Plan 2007, the following policies are considered relevant:
Environmental Policy 2, which 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:
Environmental Policy 3, which 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."
Environmental Policy 15, which 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 following previous planning applications are considered relevant in the assessment and determination of this application:
REPRESENTATIONS
The Department of Transport Highways Division does not oppose this application.
15 May 2009
09/00261/B
Patrick Parish Commissioners have not commented on this application. There have been no privately written representations received in relation to this application.
The main issue to be considered in the assessment of this application are the visual impact upon the surrounding area, the impact upon an area of Woodland and any issues arising as a result of separating the outbuildings from the existing dwelling.
In terms of visual impact, intermittent views of the existing agricultural building proposed to be resited are possible from the A30, albeit at a significant distance. The proposed re-siting would likely remove views of the building completely although it is considered that as the building is not prominent within the landscape, the reduction in the impact of the building as a result of moving it is not a compelling reason to grant approval in itself. The re-siting would likely bring some benefits in terms of agricultural operations although again, it is judged that these benefits would not form overriding justification to approve the application.
The loss of trees in the countryside is a concern which is recognised by Environmental Policy 3. Consultation with the Department of Agriculture, Fisheries and Forestry (DAFF) has clarified that, in their opinion, the removal of the trees proposed would not adversely affect the character of the area and the loss of trees would not be seen from neighbouring properties or the public highway. It is further set out that the trees to be removed are not particularly good specimens with some being blown over. The introduction of Beech trees would increase the number of species within the area and it is advised that if half standard trees were planted ( 1.8 metres), they would be approximately 3 metres high after 5 years and 8 metres after 10 years.
From the comments received by DAFF, it is judged that the loss of trees would not harm the character and quality of the landscape and would not represent an unacceptable loss of or damage to woodland areas which have public amenity or conservation value. The relocation of the farm building would have a slightly positive impact upon the landscape. It is therefore judged that the proposed development would be acceptable when assessed against the relevant planning policies.
The existing dwelling is not tied by occupancy condition to the farming operation and as such could be sold or let to persons not employed in agriculture without the requirement for planning consent. This application would create a more defined separation between the farm group and the dwelling. The applicant has been advised that any future applications for agricultural worker's dwellings would be assessed with regard to the previous severance of dwellings associated with the farm in accordance with current policy.
Permit.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways Division Patrick Parish Commissioners ADDITIONAL REPORT FOLLOWING PLANNING COMMITTEE MEETING 15th MAY 2009 The Planning Committee noted that there were some grammar mistakes in Condition 2. These have been amended. Condition 3 was also re-worded.
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal 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. This approval relates to the relocation of an existing agricultural building, construction of an access road and removal and planting of replacement trees, Ballacosnahan Farm, Patrick Road, Patrick as shown by the plans 1234-01 and 1234-02 received 18th February 2009.
C 3. For the avoidance of doubt, this permission is for the relocation of the agricultural building and not for the erection of a new or additional building. Following its relocation the former site shall be landscaped in accordance with a scheme to be first submitted to and approved in writing by the Planning Authority.
C 4. All planting, seeding or turfing comprised in the submitted details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
C 5. The relocated building may be used only for agricultural purposes.
N 1. The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.
The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.
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
Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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