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The statement comprises of the case officer’s report which was considered by the Planning Committee when determining the application. The recommendations in the report were accepted in all respects; and
Yours sincerely
Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer
enc.
Appeal no: 07/0171 Planning application no: 07/00769/B Subject: Alterations to redundant farm building to form agricultural storage building. Baldromma Mooar, Maughold. Appeal by: The applicant against the Planning Authority’s decision to refuse planning approval.
| Application No.: | 07/00769/B |
| Applicant: | Mr R Corkill |
| Proposal: | Alterations to redundant farm building to form agricultural storage building |
| Site Address: | Baldromma Mooar Maughold Isle of Man |
| Case Officer: | Mr A Holmes |
| Photo Taken: | 04.07.2007 |
| Site Visit: | 04.07.2007 |
| Expected Decision Level: | Delegation |
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| Consulttee: Notes: | Highways Division |
| Consulttee: Notes: | Maughold Commissioners Approve |
| Consulttee: Notes: | S.P.M.C. & E. Comments received |
| Consulttee: Notes: | Drainage Division No objection |
| Consulttee: Notes: | Manx National Heritage Comments recieved |
The application site comprises land located within a field adjacent to Maughold Village.
The proposed development comprises of the alteration and extension of an existing redundant farm building to form a new agricultural storage building.
The application site has not been the subject of any previous planning applications that are considered material to the assessment of this current planning application.
REPRESENTATIONS Maughold Parish Commissioners recommend that the planning application be approved. The Department of Transport Drainage Division do not oppose the planning application subject to conditions.
Manx National Heritage express concern regarding the impact of the proposed building on the setting of the adjacent Maughold Church and the ancient crosses contained within it.
The Society for the Preservation of the Manx Countryside and Environment express concerns regarding the appearance of the proposed building.
The Vicar and Wardens of Kirk Maughold express concern regarding the impact of the proposed building on the setting of the adjacent Maughold Church and the ancient crosses contained within it.
The owners and/or occupants of Dhrynane House, which neighbours the application site, object to the planning application. Whilst they can understand the desire for an additional building they are concerned that the position of the proposed building in close proximity to their property will result in undue impact on their residential amenity. They express concerns regarding the size of the proposed building, its appearance and potential disturbance arising from its use.
The application site is not designated for any site specific land use under the 1982 Development Plan Order and, as such, constitutes 'white land' on the plan. It is situated within a wider area of land that is designated as having high landscape or coastal value and scenic significance. It is also located within Maughold Conservation Area.
It is considered that there are two policies within the Isle of Man Strategic Plan that are specifically material to the assessment of the planning application.
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
"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."
The planning application seeks approval to alter and extend a redundant, and derelict, stone barn into an agricultural building. The proposal basically seeks to construct a new building within the old stone barn. The planning application is accompanied by supporting justification from the Department of Agriculture, Fisheries and Forestry. Based on this supporting justification it is accepted that there is a need for a building within the farm holding.
Setting aside the issue of principle it remains necessary to assess the site specific impacts of the proposed development. One of the key issues in this respect is the proximity of the proposed development to residential properties. Being agricultural the proposed building could be used for a wide variety of activities, the majority of which are capable of generating noise disturbance either through animal or machine related operations. This issue of proximity is specifically covered by the final paragraph of Environment Policy 15, which basically sets out the need to balance impact on residential amenity against visual impact on isolated sites. In this instance, and after viewing the application site from the garden of Dhrynane House, it clear that the distance between the proposed development and residential properties is such that it is reasonable to conclude that the use of the proposed building would have an unacceptably adverse impact on residential amenity. Whilst the desire to incorporate old derelict stone building into the fabric of the new building is understandable its location is inappropriate. Given that there are other sites within the applicant's ownership that could be used that are away from residential property it is considered inappropriate to develop in the proposed location.
Furthermore, the setting of the adjacent Maughold Cross House is a consideration that has been raised by a number of representations to the planning application. The setting of this adjacent building will be affected by the proposed building simply by reason of its size and position. That effect is considered to be inappropriate when there are other sites within the applicant's ownership that could be utilised without affecting the setting.
The siting of an appropriate size agricultural building closer to the farm group, away from Maughold Village, would be most appropriate location.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Whilst it is recommended that the planning application be refused, should planning approval subsequently be granted at appeal the following conditions are suggested:
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1. Due to the proximity of the application site to adjacent residential properties within Maughold Village the use of the proposed building would result in an unacceptable adverse impact on residential amenity. As such the planning application fails to comply with the provisions of Environment Policy 15 of the Isle of Man Strategic Plan.
R 2. By reason of its size and position the proposed building would adversely affect the setting of Maughold Cross House and its setting within the Conservation Area.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made: Refused Date: 23/8/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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