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Application No.: 15/01185/B Applicant: MSPCA Proposal: Construction of a single storey building to provide introduction/chill room facilities for dogs Site Address: Ard Jerkyll East Foxdale Road Eairy Isle Of Man IM4 3HL Case Officer : Mr Edmond Riley Photo Taken: 10.11.2015 Site Visit: 10.11.2015 Expected Decision Level: Planning Committee
THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED AS BEING CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE - 1.1 The application site is a large parcel of land that accommodates part of the MSCPA's landholding at their Ard Jekyll site on the East Foxdale Road, Eairy. The curtilage of Ard Jekyll accommodates a number of fields and buildings such as dog kennels, cattery, aviary, seal pens, a small animal shelter and a cafe. - 1.2 The land slopes down from the highway and is visible from the highways to the north. There are scattered dwellings in the area, but it would appear that only one - Mount Pleasant - has direct views of the site.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a new building to provide an "Introduction or Chill Room" facility. The agent explains that "the concept of a 'chill room' is to provide an isolated quiet 'home environment' away from the kennel block", and is intended to allow dogs a break from a kennel environment, which can be stressful, especially for animals seeking rehousing after being ill-treated by previous owners. The proposal overall is intended to make dogs more re-homeable. At present, of the roughly 9 dogs re-housed per month 1 in 4 are returned because of a failure of either the dog or new owners to adjust, and the intention is that the building will reduce this high percentage. - 2.2 The building proposed is just over 85sqm in footprint, and would provide four rooms internally along with an access corridor running through the building. The building would have a pitched roof and be finished with blockwork around the base walling with green oak weatherboarding above and olive green metal sheeting for the roof. It would be located to the northwest of the compound and adjacent the existing dog kennels. - 2.3 The applicant has indicated that all the existing buildings currently operate to capacity, and in view of the fact that part of the purpose of the building is to provide something of a 'rest' for dogs from the kennel environment, a separate building is required.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications relating to erection of buildings, extension to the car park and erection of lighting poles, all of which relate to the operation of the MSCPA. Perhaps of most relevance is the approval granted to PA 12/01096/B, which sought and gained approval for a dog training and rehabilitation centre. This was proposed to be attached to the adjacent dog kennels on the opposite side of the building to where the current building is proposed. This has been constructed and is in active use.
4.0 PLANNING POLICY - 4.1 The application site is in an area zoned as "white land" on the Area Plan for the South 2013, meaning it is not zoned for any particular kind of development. - 4.2 The Strategic Plan sets out a general presumption against development on land not zoned for development in General Policy 3 and Environment Policy 1. There are no policies that specifically deal with proposals such as this. - 4.3 The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development provides some text regarding the landscape character of the wider area in which the application site sits, which it characterises as "Incised Slopes":
"The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields.
Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
5.0 REPRESENTATIONS 5.1 Highway Services of the Department of Infrastructure and Malew Parish Commissioners offered no objection to the proposal on 29.10.2015 and 06.11.2015 respectively.
6.0 ASSESSMENT - 6.1 While the land is not zoned for development the land has been used as an animal sanctuary for a number of years and this is the established use of the site. Given that the site has been used for this purpose for such a time it is reasonable to expect that they may require additional facilities for the care and rehabilitation of the animals. It cannot be ignored that the site remains on land not zoned for development, and it also should not be ignored that there has been a recent approval for an extension to the existing kennels building to provide a similar facility to that for which approval is now sought. - 6.2 In terms of the principle, then, it remains the case that the site in general offers a good location for facilities for animals to use. It is set away from existing settlements and any noise or related disturbance from animals on the site would therefore be kept to a minimum. Such a use as proposed would not really be compatible with retail or industrial areas, either. However, the existence of a similar building (at least in name) granted recently is a material consideration. - 6.3 On this basis, the agent was asked to clarify the need for this building. He confirmed that a separate building was needed because the specific goal of the current proposal is to provide sanctuary from noise and disturbance from the adjacent kennel, and that an attached building would obviously fail to facilitate this. - 6.4 The agent wrote as follows:
"The portal frame extension to the dog kennel building approved under planning approval 12/01096/B was constructed and is used on a daily basis as part of the MSPCA services. The extension comprises of two smaller office style rooms and a larger open plan warehouse style space. One of the smaller rooms is used to train staff members - both new and existing on up to date training techniques. handling skills etc. of the animals cared for by the MSPCA. The other small room is used as a staff break room and a space where potential new dog owners are met, interviewed & briefed on the responsibilities of re-homing a rescue dog.
"The large warehouse space is used for a number of diverse activities associated with the MSPCA. On a daily basis it is used to train rescue dogs in the presence of other animals / large groups of people / the presence of motor vehicles / bicycles etc. It is not un-common for a MSPCA van or car to be brought into the warehouse and the rescue dogs are either walked alongside the moving vehicle or put inside the vehicle to see how they react and then a training programme is compiled specifically to target anxiety or stress points for each animal. This helps the rescued animal cope better in the long run with any new potential owner. On weekends the warehouse space is used for dog training, both for animals housed by the MSPCA and for members of the general public to come along with their animals. It has also been used for hosting market style fairs, school groups which help educate members of the public and raise valuable income for the MSPCA.
"As outlined above the space created by the extension approved under PA 12/01096/B is a very valuable asset to the services offered by the MSPCA in providing a communal space for dog training and organised events. However the concept of the chill rooms, as submitted under planning application 15/01185/B, is totally different and hopefully will re-create a home style environment for animals to acclimatise. It should also provide a 'quiet space' where rescue dogs can have a few hours peace and quiet, away from the kennel environment, in their own space with potential new owners."
6.5 This seems a wholly reasonable argument. From the site visit it was evident that the recently built extension was in active and regular use for a number of events, and moreover that it could not be readily adapted to accommodate the use now proposed. - 6.6 In terms of the detail, it is concluded that the design, location and proposed finish of the building is acceptable. While there is some sense of 'enclosure' about the MSPCA buildings at present and an argument could be made that the new building would result in an inappropriate extension of existing, fairly close-knit building group. The site is visible from further afield and an additional building set aside from this group would be noticeable. However, the design and finish of the proposed building, using a mixture of natural and traditionally countryside materials, would be such that would sit comfortably against the existing building group, even if it would result in a slight extension to the existing built curtilage. - 6.7 There would be the need for some of the land to be raised slightly to accommodate the building but this would not be on a significant scale. Although from a distance, and on plan, the proposed building looks like it would sit apart from the existing building group, while on the site the land in question feels rather more like an under-used part of the site. This land does not provide an overwhelming amenity value that its loss, against the context of the open fields that it would sit alongside and that would remain, would be so harmful as to warrant the application's refusal. The photomontage submitted with the application is very helpful in clarifying the overall visual impact. It does not feel like open countryside.
7.0 RECOMMENDATION - 7.1 In view of the above, it is considered that the harm to the countryside that could result from the building's construction would be more than outweighed by the positive benefits to the site's operation as a whole and to the animals it cares for. It is therefore considered that the impact of the proposal is acceptable and is recommended for approval accordingly.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Recommendation Recommended Decision: Permitted Date of Recommendation:
23.11.2015
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.
The development hereby approved relates to the following plans, date-stamped as having been received 22nd October 2015: 01 Rev A, 02, 03 Rev A and TS-O1 Rev A.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Signed :…………E RILEY………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphin the Officer’s report).
Signatoryto delete as appropriate YES/NO
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