Field 612727 Baldrine Farm Baldrine Road Baldrine Isle Of Man
Officer's Report
The Application Site
The application site is located at Field Number 612727, Baldrine Farm, Baldrine Road, Baldrine. The site is situated to the north side of the rural lane in open countryside just to the west of the main settlement of Baldrine. The application relates to the formation of a new field access in what was a continuous Manx sod bank. The access has already been put in place without planning approval although the gate has not yet been installed and the works have yet to be completed.
The Proposal
The application seeks planning approval to retain the field entrance which has been created without planning approval. The proposal also includes the erection of a field gate.
The original plans submitted with the application were unclear and provided little in the way of detail. The applicant has now appointed an agent who has prepared more detailed plans and set out the justification for the new field entrance. The plans and information have been subject to re-consultation and the application has been re-advertised.
The agent confirms that the access was originally installed to help facilitate the Manx Utility Authority install a new water main. However, the applicant who farms the field and surrounding land, has found that the access is useful to their farming operations. This mainly involves moving cattle from one side of the road to the other without having to drive the herd much further along the lane. The original access to the field is on two bends on a tight and winding road. The new access means that the time that the cattle on the highway is minimised. The Manx Utility Authority has also said that retention of the access would be helpful to them.
Planning History
The site has no relevant history.
Planning Policy
Case Officer:
Mr Edward Baker
Photo Taken:
Site Visit:
16.04.2014
Expected Decision Level:
Officer Delegation
The site is situated with an Area of High Landscape Value according to the Isle of Man Development Scheme Order 1982.
The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:
General Policy 1:
'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'
General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:
'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(c) does not affect adversely the character of the surrounding landscape or townscape;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption.'
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 overriding 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 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:
(a) the development would not harm the character and quality of the landscape; or
(b) the location for the development is essential.
Representations
Lonnan Parish Commissioners - recommend approval.
Highways Service - no objection.
Assessment
The proposal is to retain a field access that has been constructed without planning approval. The proposal also involves the erection of a field gate which is not yet in place. The main purpose of the field entrance is to assist the operations of Baldrine Farm, as previously described at the outset of this report. It is considered that there is sufficient justification for the entrance, which will allow cattle to be moved between fields much easier without having to keep them on the road for any length of time. In this regard, the proposal should represent an improvement to highway safety.
The means of access has resulted in the removal of part of the existing Manx sod bank which characterises this part of the lane. It is situated between two mature trees which are to be retained. Field gates are common place in the countryside and it is considered that the proposal would not be out of place and would be in keeping with the character and appearance of the area. The landscape would not be harmed.
The access has limited visibility but the Highways Service offers no objection to the application. Given the overall benefits to highway safety and the likely limited use of the access, this is considered satisfactory.
Recommendation
It is recommended that planning approval should be granted.
Party Status
The following parties should be afforded interested person status:
The local authority, Lonnan Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
The Highway Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
Recommendation
Recommended Decision: Permitted
Date of Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
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 Drawing Numbers PTA-158-01, PTA0158-02 and PTA0158-03 received on 30 April 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 4/6/14
Determining officer (delete as appropriate)
Signed : ... Chris Balmer Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Sarah Corlett Senior Planning Officer
Signed : ... Jennifer Chance Head of Development Management
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