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The application site forms the curtilage of Field 214150, which is a parcel of undeveloped land located on the western side of the Jurby Road and north of Sandygate Crossroads.
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.
Isle of Man Planning Scheme (Development Plan) Order 1982 The Isle of Man Strategic Plan (20th June 2007) – General Policy 3 and Housing Policy 15
The following previous planning applications are considered relevant in the assessment and determination of this application:-
The application seeks approval for the retrospective works which include the erection of an entrance gate and a timber shed to house office/shop.
The shed has a width of 3.7 metres, a depth of 2.6 metres and a roof height of 2.5 metres.
The gates have a width of 4 metres, and fit in between the existing opening. The gates have a height of 2.1 metres and have been constructed in timber.
Jurby Parish Commissioners have objected on the following grounds:-
> "The access to Field 214150 is situated on a dangerous and blind bend, and vehicles visiting the property to purchase produce will crate further difficulties for passing traffic when visiting vehicles are entering or exiting the proposed car park area within Field 124150."
Highway Division do not oppose subject to the following conditions:-
> "No part of the gate will be erected between the new building and the highway which bounds the cartilage unless there is sufficient land to allow the gate to be erected at least 2 metres away from the highway."
The Authority has received no privately written representations objecting to the application.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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.
As indicated previously within the planning history section of this report, there are currently two other planning applications which are under current consideration and it is considered they are interlinked.
The applicant has stated they wish to create a nursery. The proposal is to run the nursery themselves (husband & wife) on a part time basis as they both have other part time jobs. They propose the nursery would be open 10 am till 4pm on Saturday and Sundays to sell their produce. They intend to have 10 hens for eggs, 2 bee hives which would produce approximately 40 jars of honey per year and 3 ducks. Additionally, they proposal to sell fruit, salad and vegetables, although the fruit trees, which have just been planted, will take 3 to 4 years before there will be produce to sell, whilst the vegetables and salad won't be ready till 2009/2010.
The erection of the gate as indicated is not considered to have a detrimental impact upon the area, given the design, size and timber construction. This results in the gate being in keeping with the surrounding locality and the countryside.
The shed is not visible from the adjacent public highway (Jurby Road) due to the significant boundary treatment which runs along the eastern boundary of the site which consists of 3 / 4 metre high (approximately) mature hedgerow.
The parking provision and access have been determined by the Highway Division and subsequently have no objection. The entrance is an existing entrance and the gate would provide security for the site. The Highway Division have indicated a condition which requires; "no part of the gate will be erected between the new building and the highway which bounds the curtilage unless there is sufficient land to allow the gate to be erected at least 2 metres away from the highway." From visiting the site it is not considered this condition would be required, as there would be no benefit from the fence being set back 2 metres in this location.
It should also be noted that the entrance, which does access directly onto the public highway, accesses almost onto a small lay-by, which has been created by the wideness of the road in this location (see photo A). This would help in exiting the site.
It is also considered that the scale of the proposed business would not be significant at this stage. If the business were to expand in the future, any relevant application (increase in poly tunnels etc) would consider the expansion and the potential impact upon highway safety.
The closest residential property 'Ballamenagh' is approximately 200 metres away and it is considered given the distance and the screening of the site, the proposal would have no adverse impacts upon the residential amenities of this dwelling or any other dwelling in the surrounding locality.
Overall, it is considered the proposals would be acceptable and therefore comply with the Environment Policy 17 of the Isle of Man Strategic Plan.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 12.11.2008
This approval relates to the erection of entrance gates and timber shed to house office/shop as proposed in the submitted documents which are date-stamped 14th April 2008 and 11th August 2008.
Within 3 months of the nursery business ceasing to trade and/or the shed hereby approved becoming redundant for the purposes of agriculture the shed must be taken down along with all ancillary infrastructure and be removed from the site and the land restored back to its original use and condition.
No person other than the applicants or their successors in title shall attend the site except on Saturdays and Sundays between 10:00 hours and 16:00 hours.
I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to Acting Senior Planning Officer.
Decision Made: Permitted Date: 12/11/08
Signed: [Handwritten signature] Acting Senior Planning Officer
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