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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.
Yours sincerely
A. Holmes
Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer
enc.
Appeal no: AP08/0179 Planning application no: 08/00732/B Subject: Erection of timber barn. Dreemskerry Farm, Dreemskerry, Maughold. Appeal by: The applicant against the Planning Authority’s decision to refuse planning approval. Statement prepared by: Mr A Holmes BA(Hons) DipTP(UC) MRTPI, Planning Officer
Part 1
| Application No.: | 08/00732/B |
| Applicant: | Mr C & Mrs D Bell |
| Proposal: | Erection of timber barn |
| Site Address: | Dreemskerry Farm Dreemskerry Maughold IM7 1BF |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Planning Committee |
| Consulttee: | Manx Electricity Authority |
| Notes: | Note received |
| Consulttee: | Highways Division |
| Notes: | Do not oppose |
| Consulttee: | Maughold Commissioners |
| Notes: | Refuse |
The application site comprises of a parcel of land that is located to the east of Dreemskerry Road, adjacent to the driveway to a residential dwelling.
The proposed development comprises of the erection of a timber barn building on the application site.
Whilst the application site has not been the subject of any previous planning applications the dwelling contained within the adjoining land has been the subject of a recent planning application (07/02192/B) to renovate, extend and alter it.
Maughold Parish Commissioners recommend that the planning application be refused on the grounds that the proposal is contrary to planning policy, that there is insufficient agricultural justification and that it would adversely affect landscape character.
The Department of Transport Highways Division do not oppose the planning application.
The Manx Electricity Authority expresses an interest in the planning application.
In terms of land use planning, the application site is not designated for any site specific purpose and, as such constitutes 'white land' on the 1982 Development Plan Order. Under that plan the application site is
also located within a wider area of land that is designated as having high landscape or coastal value and scenic significance.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered to be specifically material to the assessment of this current 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:
"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."
"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:
"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 for the erection of a timber barn building on the application site. The application site and surrounding area has been the subject of site visit prior to the submission of this planning application.
As can be seen from the relevant planning policies the Isle of Man Strategic Plan 2007 sets out a presumption against development of land not zoned for development under the relevant area plan and also of land that is classified as being of High Landscape or Coastal Value and Scenic Significance, unless there are circumstances to justify the development as an exception.
The applicants have submitted information to clarify their justification for the proposed timber barn building, explaining that it will be used for (a) the storage of machinery and feed in association with the operation of a small agricultural holding on their land; and (b) the storage of wood in connection with the heating of the adjacent dwelling. In terms of (a) the applicants advise that whilst they are not farmers they intend to keep some livestock within their 22 acres as a “hobby farm” and that part of the proposed timber barn building will be for that and the general maintenance of the land. It is there view that this element of the proposed timber barn building is similar to equestrian related building, which can be permissible under policy contained within the Isle of Man Strategic Plan 2007. In terms of (b) the applicants state that it is their intention that the sole source of hot water and heating for their dwelling will be through the burning of wood and that the remainder of the proposed timber barn building will be used for the storage and seasoning of wood. They highlight the environmental and sustainable benefits of providing energy in this manner, and consider this to be reasonable grounds on which to consider the proposal as an exception to the presumption against development. Overall, in terms of visual impact the applicants suggest that by reason of its siting and size the proposed timber barn building will not cause unacceptable harm to the character and quality of the landscape.
In terms of assessment against planning policy, and specifically General Policy 3, Environment Policy 1 and Environment Policy 15, professional advice has been sought from the Department of Agriculture, Fisheries and Forestry. Based on this and the clarification from the applicant it can be seen that the proposed timber barn building is not justified in terms of agricultural need. Whilst there are clear environmental benefits to the proposed use of wood to meet the energy requirements of the adjacent dwelling this is not a stated ground for exception under either of the planning policies. It is therefore difficult to see on what basis the proposal could be deemed as exception to the presumption against development that is set out by General Policy 3, Environment Policy 1 and Environment Policy 15. This conclusion is supported by the recent appeal decision for planning application 07/01282/B, which sought approval for the erection of agricultural buildings elsewhere on the Island. A copy of this appeal decision has been placed on the file for the current planning application. Furthermore, it could be argued that the proposed development represents an extension of the residential development associated to the adjacent dwelling. Such extension would be contrary to the principles behind the protection of the countryside from encroachment.
Irrespective of the above, if the justification for the proposed development is accepted it remains necessary to assess the acceptability of the proposed development on the character and quality of the landscape and whether the location for the development is essential. The application site is within an area of land that is recognised as being of High Landscape or Coastal Value and Scenic Significance and it is considered that unjustified development within such area is inappropriate. It is therefore concluded that the visual impact of the proposed development on the character and quality of the landscape is unacceptable.
On balance it is considered that the presumption against the proposed development set out by planning policies within the Isle of Man Strategic Plan 2007 outweighs the circumstance and justification put forward by the applicant. Accordingly, 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:
Maughold Parish Commissioners; and The Department of Transport Highways Division.
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:
The Manx Electricity Authority.
Recommended Decision: Refused
Date of Recommendation: 31.07.2008
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
The proposed development represents unwarranted development within the countryside, contrary to the provisions of General Policy 3, Environment Policy 1 and Environment Policy 15 of the Isle of Man Strategic Plan 2007. Furthermore, it is considered that the proposed development would be visually detrimental to the character and quality of the landscape, which is designated as being of High Landscape or Coastal Value and Scenic Significance, and therefore contrary to Environment Policy 2 of the Isle of Man Strategic Plan 2007.
Decision Made: REFUSED Committee Meeting Date: 16/3/08 K
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