Officer Report

Application No.: 16/01245/B Applicant: Brandywine Limited Proposal: Access lane alterations to form two new field access gates and new vehicle turning head Site Address: Balnahow Farm Balnahowe Santon Isle Of Man IM4 1HN Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is part of a highway together with land which abuts the fields alongside, at the higher end of the road which leads south from the A25 Old Castletown Road, past Ballaquiggin Farm and Meary Veg to the hill top where there are a number of properties from Hillcrest in the west, then Greenfields, Balnahow Farmhouse, Balnahow Farm and north east of this, Ballacregga Farm. - 1.2 The land in the vicinity of the site has been recently sold and the land is now farmed by a number of different people, leading to an application for a barn from the person who used to use those at Balnahow Farm, alongside Hillcrest (PA 16/01084/B). It is understood that the public highway stops around the junction with the A25 and the remainder of the road is privately owned. - 1.3 The land around the highway is owned by the applicant and two other farmers - Mr. Moore of Hillcrest and Ballashamrock Farm Limited. THE PROPOSAL

2.1 Proposed is the creation of accesses into two fields which currently have no direct access onto the road other than through Balnahow Farmyard. This is being formed through the creation of two new entrances into the fields on the northern side of the road, the relocation of an existing gate and pillars with pedestrian stile on the public footpath to 12m further down the lane and the introduction of gate pillars and a gate 15m in the direction of Balnahow Farm on the highway. Existing overhead electricity cables are to be undergrounded. - 2.2 All walling will be no higher than 1.1m with the height of the pillars up to 1.7m high. The entrances into the northern fields will be set back from the highway by between 3 and 6m from the highway. - 2.3 A new stockproof fence is to be erected in field 514334 to mark the different ownership. PLANNING POLICY

3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as not designated for a particular purpose but of High Landscape Value and Scenic Significance. As such, there is a presumption against development as set out in the following policies:

General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
• b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment
• d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
• e) location-dependant development in connection with the working of minerals or the provision of necessary services;
• f) building and engineering operations which are essential for the conduct of agriculture or forestry
• g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and
• h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

• Environment Policy 1: "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".
• Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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 difference 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:

• a) the development would not harm the character and quality of the landscape; or
• b) the location for the development is essential".

PLANNING HISTORY

4.1 There have been a number of applications in the surrounding area which are leading to change of the character of area a little - permission has been granted for the alterations and extensions of Cregsweld to the north (13/91523/B and 14/01412/B), permission is being sought for alterations to Balnahow Farmhouse (16/01190/B) and permission has been granted for a new barn alongside Hillcrest (16/01084/B). REPRESENTATIONS - 5.1 Highway Services has requested a deferral (01.12.16). On 12th December they comment as follows:

"The proposal is to make alterations to existing farm gates and provide an additional farm gate for fields accessed by private farm lanes; there is a public right of way (PROW) on foot along some of the lanes and the proposal includes alterations to the stile on the PROW.

Highway Services does not oppose this application." ASSESSMENT

6.1 The site will remain rural even with the new accesses but will have a more enclosed and managed feel with restrictions on access through the gates towards Ballacregga. If this is a private road then this is perfectly acceptable, particularly bearing in mind that it is not a through route and

vehicles cannot turn within the carriageway without using the curtilage of Greenfields to return back down towards the A25.

6.2 The proposal is considered to be acceptable and is recommended for approval. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 05.01.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions 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.

This approval relates to drawings 1, 2, 3 and 4 all received on 3rd November, 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 05.01.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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