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Application No.: 22/00165/B Applicant: Mrs Laura Sayle Proposal: Erection of a detached building as a studio for florist business Site Address: Ballacreg Dreemskerry Hill Dreemskerry Ramsey Isle Of Man IM7 1BE Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.07.2022
C : Conditions for approval N : Notes attached to conditions
Reason: In the interest of residential amenities of "Ballacreg", the studio has been approved on the basis of the growing of flowers on this site and the interests of the character and appearance of the site and surrounding area.
Reason: The dwelling is within a single residential plot within an area not zoned for development where an exception has been made. The application does not propose to create separate units of accommodation within the site and has not been considered as such.
This application has been recommended for approval for the following reason.
Overall, as indicated previously, the proposal would not comply with general planning policies. However, the proposal would have little visual impact upon the character and quality of the landscape, provides adequate on-site parking, would not adversely affect the amenities of local residents and the proposal would be beneficial to the local economy and provide a high quality and unique facility to members of the public and visitors to the Island. The growing of produce on the site for specific use for the florist business again on the site are further reasons why this type of development is more suited within the countryside setting rather than a town centre/industrial site.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 15.02.2022 Location Plan Planning Information Covering Letter 18.05.2022 Email from applicants 27.05.2022 Email from applicants
Additional Persons
None _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE SEEN AS CONTRARY TO THE RECOMMENDAITON OF THE LOCALAUTHORITY BUT RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Ballacreg, Dreemskerry Hill, Dreemskerry which is a detached two storey house with a hipped roof and a single storey garage/stone extension to the side elevation. The dwelling is situated with substantial mature gardens (approximately 8 acres). - 1.2 The property is situated to the south end of Dreemskerry Hill down a short driveway. To the rear (south west) of the property is the Manx Electric Railway. The property has substantial and mature roadside landscaping. - 1.3 Whilst generally screened from roads the immediately adjacent to the site, the topography of the land and the presence of mature vegetation along the road sides also means that any wider views of the property are restricted. However, views from Maughold Road (west of Maughold Village) are achievable of the site.
2.1 The application seeks approval for the erection of a detached building as a studio for florist business. This is retrospective. - 2.2 The proposed building (which is currently in place) which would accommodate the studio would be single storey with a width of 5 metres, a maximum depth of 11.1 metres (including covered area) and a ridge height of 3.7 metres. The building appears to be finished with timber cladding and a dark coloured roofing material. The building would be located on the same footprint as an existing outbuilding which would be removed and re use the existing concrete pad which is in place. - 2.3 In terms of need and reasons for the proposal the applicants have indicated; "The studio will be used to service an existing florist business, I used the gardens to grow my own flowers to sell for wholesale and retail, weddings and events. The studio will be used to cut, condition and prepare flowers for selling.
The studio will be used to meet with clients, this will likely be once a week in the summer season. The studio will be used to host seasonal workshops, approximately 4-8 workshops per year, with a maximum of 6 persons per workshop at any time.
The studio facilities (toilet) will be used during any planned open days for the flower field. Approximately twice per year, these will be ticketed events with a maximum of 10 people at one time on the field.
The studio will not be open to the public, a collection point for flowers will be made at the end of the drive, collection times will be between 8am-6pm. As we are offering a delivery services and a collection point at retail outlets across the Island, collection from Ballacreg will be minimal.
There will be no additional staff'.
3.1 The application site has been the subject of a number of previous planning applications; however, none are considered material to the assessment of this current planning application. - 4.0 REPRESENTATIONS
4.1 Garff Commissioners (received on 09.03.2022) have objected commenting; "It was felt that the building was too far away from building cluster and a location nearer to the main house was preferred by Members. The Board Object to the application pending the submission of amended plans or information that justifies the proposed location away from the current building cluster."
4.2 DOI Highway Services have no objection (received on 03.03.2022) commenting;
5.1 The site is within an area of High Landscape Value not designated for development and within woodland under the Isle of Man Development Plan Order 1982. The site is not located within a Conservation Area.
5.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
5.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 5.4 Environment Policy 2 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:
5.5 General Policy 3, which states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
5.6 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 5.7 Environment Policy 15 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."
6.1 The key issues with the application are;
Principle of development
6.2 In terms of the use of the building as a studio for a florist business there are no policies which support this type of development. General Policy 3 lists a number of types of development which are located within the countryside (i.e. land not designated for development), but this list does not include the development proposed. However, the Town and Country Planning Act 1999 sets out that applications should be considered against the Strategic Plan and any other material considerations. It should also be noted that while there are a number of overarching aims both within the Strategic Plan and Government wide, that support the expansion of businesses and the development of a diversified economy, although generally speaking there is a presumption that all new development should be located in established settlements. This is (a) to ensure the protection of the countryside for its own sake, and (b) to contribute to a sustainable pattern of development whereby vehicle movements are limited.
The potential visual impact the proposals would have upon the countryside, which is of high landscape value
The growing space runs from the house to the proposed studio space, this is the only area on the property that receives enough hours of sun to grow flowers, again making the studio in this location entirely logical."
7.1 Overall, as indicated previously, the proposal would not comply with general planning policies. However, the proposal would have little visual impact upon the character and quality of the landscape, provides adequate on-site parking, would not adversely affect the amenities of local residents and the proposal would be beneficial to the local economy and provide a high quality and unique facility to members of the public and visitors to the Island. The growing of produce on the site for specific use for the florist business again on the site are further reasons
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 18.07.2022
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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