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Application No.: 23/00171/B Applicant: Miss Hayley Allwright Proposal: Erection of agricultural building Site Address: Section 1 Field 321821 Ballanicholas Garth Crosby Isle Of Man Planning Officer: Mr Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 26.05.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. The proposed development is unacceptable in principle because it involves the erection of a substantial structure for a business use in the countryside unconnected with agriculture, horticulture or forestry operations. As such, the proposed development would be contrary to the provisions of Environment Policy 1 which seeks to protect the countryside from unwarranted development; and, General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, both of which are contained in the Isle of Man Strategic Plan (2016). - R 2. The proposed development is unacceptable because it involves the erection of a substantial structure for a business use in the countryside unconnected with agriculture, horticulture or forestry operations. The proposed building, whilst resembling an agricultural building, would be located in an ecologically sensitive, isolated position in the countryside unrelated to any existing agricultural development or buildings. This would render it visually intrusive and harmful to the rural character and appearance of the site which and its surroundings. This would be contrary to the provisions of: - o Environment Policy 1 which seeks to protect the countryside from unwarranted development; and, General Policy 2 (b) and (c) which seek to control development which respects the site and surroundings and does not adversely affect the character of the surrounding landscape; and, - o Environment Policy E1 which seeks to protect the countryside and its ecology for its - own sake unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas, particularly where this site is recognised as a good example of marshy grassland, a Manx priority habitat, with typically associated species such as Lady's Smock; and, which is increased by the adjacent areas of curragh (with standing water) and alder carr, an uncommon Manx habitat.; and, o The provisions of Policy EP 21, which seeks to control new building in the countryside for (inter alia) the care of other animals which will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. - R 3. The proposed development is unacceptable because the erection of a substantial structure for the dog walking and dog day care business in the countryside, which would be unconnected with agriculture, horticulture or forestry operations would invite additional vehicle movements along a single, unmade, poorly maintained farm track for approx. 500m in addition to those already experienced as part of the use of the field as a dog walking site. This would not reduce the number of journeys made by the applicant as the start and finish point for dog walking would remain the same and there would be no reduction in journeys. Traffic movements to and from the site would, therefore, remain the same as the dogs journey's to site would begin and end in Onchan as they presently do. This would be contrary to the provisions of Strategic Policy 10 (a) which seeks to minimise journeys, especially by private car; and, General Policy 2(h) which seeks to promote development where there is appropriate safe and convenient access for all highway users, both of which are contained in the Isle of Man Strategic Plan (2016). _______________________________________________________________
Additional Persons
There are three interested persons who have made comments which are material to the consideration of the planning application and who should be given Interested Person Status. These are:
The owner/occupier Ballacallin View, Ballacallin Beg, Foxdale Road, Garth, Crosby, Isle Of Man, IM4 2HD. The owner/occupier Ballacallin Beg Bungalow, Foxdale Road, Isle of Man, IM4 2HN. The owner/occupier Ballacallin Beg Cottage, Foxdale Road, Isle of Man, IM4 2HN.
_____________________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is Section 1 of Field 321821, Ballacallin, Strugadhoo, Braaid at Ballanicholas, Garth which is a field comprising marshy grassland associated with Animal Ark Ltd, which according to its website, provides 'Doggy Daycare and Outdoor Adventures'. - 1.2 The field is accessed via a lengthy farm track which is screened by a mix of mature hedging, hedgerow trees, and a copse of mature trees. A farm gate marks the entrance to the north of the site. Adjoining the site to the east is a water supply facility. The surroundings are rural comprising a mix of fields and small areas of woodland. It lies approximately 300m to the west of the A26 - Clannagh Road junction at Stuggadhoo. - 1.3 Field 321821 is cited by MNH as being a good example of marshy grassland, a Manx priority habitat, with typically associated species such as Lady's Smock. The importance of this site is increased by the adjacent areas of curragh (with standing water) and alder carr, an uncommon Manx habitat. THE PROPOSAL
2.1 The current planning application seeks approval for the erection of an agricultural barn measuring approximately 18.2m by 9.1m (165.62m2) with an overall height of 4.91m. To the North West elevation there is proposed to be an approximate 3.65m wide x 3.65m high roller shutter door sliding door with twelve rooflights (6 per roof-slope) to the roof. Box profile steel sheeting is proposed for both the walls and roof finishes. - 2.2 The stated use of the barn on the application forms is for Business Use. The application forms advise that: "Dog excrement will be taken back to the unit to dispose of as we are doing now Toilet for staff will be cassette style toilet and will also be taken back to unit to be disposed of." Rain water is proposed to be collected and be recycled for watering plants. - 2.3 Also included within the application is a large parcel of hard standing which is to surround the barn by 3 metres to the North, South and West elevations measuring 3m wide and to the East elevation approximately measuring 16.6m by 19.6m. - 2.4 The applicant has supplied the following supporting information:
"Early in February 2022 I had finally saved enough to buy our very own field for the dogs, and we found a perfect one to buy. I applied for planning permission to allow us to change the use from agricultural to business use before agreeing to purchase and we were very fortunate to be successful in our planning application, so we went ahead and purchased it.
As a law-abiding citizen I have stuck to my planning conditions: we take the dogs down there during the day, we make three trips to the field in order get everyone out before returning to the Unit. We have not built or erected anything, and neither have we used it for anything outside of the planning terms.
The field has been a massive asset to Animal Ark and has improved the well-being of all the dogs in our care. They absolutely love their time at the field. It has also improved staff working conditions by giving them security as well as reassurance that the dogs are safe, and unable to get out. It has also improved staff's wellbeing by allowing them time outdoors.
We keep the field very clean, picking up all excrement and taking it back to the Unit to dispose of.
It has now been a year since we acquired the field and although initially we had no intention of building anything on the land, we have realised that having some kind of shelter will be most beneficial to us: to the dogs and staff.
The reasons we need some shelter in the field are as follows. We need to:
We would also want to plant approximately 0.5 hectares of trees and bushes and we have already made contact with the woodlands officer Peter Keenan, who has been to the area to discuss this with us. This will make the land look more appealing and evergreen, blending in with the natural surroundings. It will also provide habitat to many species of insects and birds and will help clean the air we breathe."
3.1 There is one previous application for the site ref: 21/01050/C for "Change of use of land from agricultural to dog walking field". This was approved following the consideration of a Report to the Planning Committee on 20/1/22. - 3.2 The proposal was considered to "broadly accord with the principles advocated by General Policy 3 and Environment Policy 22 of the IOM Strategic Plan. No unacceptable adverse impact has been identified as likely with respect of the character and appearance of the surrounding landscape or the residential amenity of the neighbours." It was conditioned that the Dog Walking Field be made secure to safeguard grazing animals in adjoining fields prior to the DogWalking use first taking place.
4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as "not for development" on the 1982 Development Plan, South Map. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance. - 4.2 Given the nature of the application it is appropriate to consider General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, Environment Policy 1 which seeks to protect the countryside from unwarranted development and Environment Policy 15 which outlines the general design criteria for agricultural buildings. - 4.3 Environment Policy 21 indicates that: "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used." - 4.4 Environment Policy 24 indicate that: "Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity." - 4.5 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly." - 4.6 The application is made subsequent to the grant of planning permission for the Change of Use of the land on which the building is proposed to be sited from agricultural to a dog walking
"Rolling landscape gently slopes south-eastwards towards the coast with notable gently rounded hills covered in a patchwork of large open rectilinear and predominantly pastoral fields bounded by low Manx hedges in a variable state of repair with gorse and other low shrubs growing along field boundaries in places. Patches of gorse spread from the field boundaries into fields of rough grazing on the hill tops around the Chibbanagh coniferous plantation, as well as on the more elevated areas to create a semi-upland feel with heather and patches of bracken beginning to dominate in the abandoned upper fields. Numerous small burns cut across and drain the relatively geometric field pattern with low scrub, waterside vegetation and some small trees growing in the small gullies. The majority of these burns drain into Santon Burn that forms the western boundary, beyond which the character changes to become less open with no rounded hill tops in the Ballamodha and St. Mark's and Earystane landscape character area. To the north, the land drops down the Greeba valley side into a more wooded area, while to the east, the character area meets the more wooded area of Santon with its numerous incised river valleys."
The Key Characteristics affecting the site are: "o Gently undulating land sloping down south-eastwards towards the coast with numerous notable rounded hill tops.
4.8 Overall, the site area comprises an area with a "Sparsely settled character" being predominantly 'Farmland grassland habitat' of "Large open predominantly pastoral fields as indicated above. - 4.9 The Landscape Strategy is described as:
"The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its open large pastoral fields, its Manx hedges, its scattered farm houses fringed by trees, its sunken and enclosed rural road network and its numerous archaeological features."
4.00 WRITTEN REPRESENTATIONS - 4.1 Three neighbour representations have been received, all raising objection to the application had been received by the Report drafting stage. Concerns raised are:
4.2 "I object on the following grounds:
Planning yellow letter hasn't been displayed at the road access point or at the field site / address of the application. The access route partly crosses my land and I have had no correspondence regarding access rights or permission. The access lane will become busier with increased use and there are no passing places for the length of the single track lane (approx. 1/2 mile). Access lane has not been maintenanced and is unsuitable for regular transport of animals to and from the site. I apologise for the late submission, however the process of public notification has not been followed by the applicant and I have only just been advised of the planning application."
4.3 "The proposed site is to the south of our property and in direct view. At almost 5m high and 18m long. The scale of this building on what is sensitive marshland habitat is of high concern. The bottom corner of this site previously had a small population of nesting Curlew. All the adjacent fields hold brown hare. Dog walking and dog care business activity, so called 'Lifestyle' activity will all have a negative impact on this sensitive and wild area. Relationship to site: Close to the site (please elaborate)".
Party Status: We own adjacent land and the access road to this site. We have not been informed by planning regarding the application and no yellow notice has been displayed at the roadside entrance. I have by chance noticed the yellow notice displayed at the top of Stagadoo on a give way sign which is nowhere near the entrance access.
My strong objections are based on the following:
To this point, there are covenants in the title deeds that protect the land from building/development.
Redacted Redacted Redacted
For your information, they did approach me shortly after purchase for use of toilet and tea making facilities that I have available on the yard and to my knowledge have not used them. In addition I also offered them the possibility of purchasing an existing building on our site. They would then naturally have to submit change of use to planning department.
The applicants have offered to correct the damage caused by their vehicle but this has not yet taken place."
5.0 CONSULTATIONS Manx National Heritage - comments received 31/3/23. I write on behalf of Manx National Heritage ('MNH'), whose statutory responsibilities pertaining to the protection of the cultural and natural heritage of the Isle of Man are defined under the terms of the Manx Museum and National Trust Act.
We have concerns about development on Field 321821 which is a good example of marshy grassland, a Manx priority habitat, with typically associated species such as Lady's Smock. The importance of this site is increased by the adjacent areas of curragh (with standing water) and alder carr, an uncommon Manx habitat.
Other considerations:
Highway Services - comments received 5/4/23 advised: Highway Services HDC has no interest (NHI) in: 23/00171/B.
A further response from Highway Services dated 28 April, 29023, advised: "Highways Development Control notes the re-advertisement of this planning application notified on 26 April 2023 and continues to apply no highway interest to this proposal. Rights of access along the track are outside the scope of this application and its condition and surfacing are private matters too."
Marown Parish Commissioners - comments received 21/4/23 - as follows:
"The Commissioners are bemused that this building can be described as an agricultural building when its proposed use is in connection with a dog exercise and care business. This raises the question of course as to the designation of the field which is believed now not to be agricultural. Surely it is not possible to have an agricultural building on a non-agricultural site? It appears from the Planning Statement that it is more to be a store-room and shelter area with staff facilities.
This is not an Agricultural Building. If it is to be an agricultural building and the Planning Committee is minded to approve the Application, the Commissioners would expect a condition limiting its use to livestock purposes only.
With regard to the building itself, it is a substantial structure though it would not appear to be prominent in the landscape. Whilst the desirability of the building is apparent, the Commissioners are not convinced that this type of development should be permitted in the open countryside. The Commissioners trust this is helpful. Please contact the undersigned if you require further information."
Planning Enforcement Officer - no comments had been received by the Report drafting stage. Forestry, Amenity And Lands, CHA - no comments had been received by the Report drafting stage.
6.1 The main issues to consider in the assessment of this planning application is the principle of development; the visual impact on the character of site and surroundings; and, the impact it would have on Heritage Assets and Ecology. - 6.2 PRINCIPLE
7.1 The applicant has advised that the proposed building would enable the use of the site for dog walking to reduce the applicant's carbon footprint as it would result in fewer vehicle movements. Nevertheless, the dogs would start their journey to the site from the applicants existing at unit at Corkills Garage in Onchan after sessions at the field/building, they would be returned to Corkills Garage. This would not reduce the number of journeys made by the applicant as the start and finish point for dog walking would remain the same and there would be no reduction in journeys. The site for the building is in an isolated location and set away from the highway network. Previously traffic to and from the site has been limited to agricultural vehicles and since the approval of the Dog Walking use of the land, the movements to and from the site of the applicants. Officers note that Highway Services has raised no objection to the proposals. - 7.2 The comments received from the neighbour at Ballacallin View, advising that:
"The access route partly crosses my land and I have had no correspondence regarding access rights or permission. The access lane will become busier with increased use and there are no passing places for the length of the single track lane (approx 1/2 mile). Access lane has not been maintenanced and is unsuitable for regular transport of animals to and from the site."
and the neighbour at Ballacallin Beg Cottage, that:
"2. I have notified planning regarding a breach in their planning conditions whereby they are using the field and access lane 3-5 times daily and weekends for dog walking. This is freely advertised on their Facebook page. I have had complaints from neighbours regarding the frequency of visits and also the lane is being damaged due to the unexpected increased usage."
are both noted. Officers consider that traffic movements associated with the previously approved Ref: 21/01050/C application for the change of use of land from agricultural to a dog walking field, would involve additional traffic movements to and from the site. However, the erection of the building in association with the dog walking operation would invite additional traffic and would formalise the use much more than the permitted change of use of the land which involves no built forms of development.
7.3 The ownership of the access is essentially a private matter between the applicant and the objectors/landowners.
8.1 Works on the development had been commenced prior to the submission of the planning application involving the erection of 4 posts to mark out the position of the building on site. The Departments Planning Enforcement Team is aware of this and unauthorised activities on the site subject of the ref: 21/01050/C permission and has advised the applicant and all other parties to stop any unauthorised works on site until the planning application has been determined. In the event of planning permission being refused, the applicant has a right of appeal to the IOM Government. - 9.0 CONCLUSION
9.1 On balance, there is no overriding need for the proposed building, as has been assessed in the preceding sections of this report, no exceptions can be justified within the submission, and the proposed development is considered to be unacceptable in principle; on the grounds of it resulting in an adverse visual impact; and, on the grounds of its adverse impact on the landscape character and ecology of the site and surroundings.
9.2 Owing to the above reasons, the application is recommended for refusal as the Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside areas zoned for development in the Strategic plan. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. - 9.3 In addition, the proposal if approved, would invite additional vehicle movements along a single, unmade farm track for approx. 500m in addition to those already experienced as part of the use of the field as a dog walking site. This would not reduce the carbon footprint of the existing doggy daycare and outdoor adventures business operated by the applicants from their base in Onchan over an 11.5 -12.0 km distance, as the number of vehicle movements is likely to remain the same as the dogs journey's to site would begin and end in Onchan as they presently do. - 9.4 The proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provisions of policies SP4, SP5, SP10, GP2 b), c) d), and h); EP1; EP15; under EP 21 for the keeping of 'other animals'; and, EP24 of the Isle of Man Strategic Plan 2016.
10.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
10.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 05.06.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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