DEC Officer Report

Applicant: Mr James Allison Proposal Erection of an agricultural building to provide a livestock shelter Site Address Field 624084 Rhowin Road Maughold Isle Of Man Case Officer : Mrs Vanessa Porter Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 31.03.2020

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. No approval is hereby given for the use of the building hereby approved to be used as a separate dwelling and it may only be used in association with the agricultural activities on the site.

Reason: the application has been considered for exceptional agricultural need and is not to be used as a dwelling.

This application has been recommended for approval for the following reason. Whilst the proposed 'bothy' is not with the already in situ structures within the field the proposed 'bothy' is not within a general public vantage point, is situated within the field so that any impact is limited and is structured out of traditional material which will limit any impact on the character or appearance of the countryside. As such the 'bothy' complies with Environment Policy 1, 2 and 15.

This decision also relates to the elevation plan received on the 12th March 2020 showing the height of the bothy in relation to the stone wall it's next to. Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 24th January 2020:

• o Location Plan
• o Site Plan
• o Site of Bothy, Elevation drawing and floor plan.
• o Information required for Planning Permission for barns and/or any further buildings or structures associated with agriculture.

This decision also relates to the floor plan received on the 27th February 2020 showing the location of the bothy. _______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSDIERED CONTARY TO THE DEVELOPMENT PLAN BUT RECCOMMENDED FOR AN APPROVAL

THE APPLICATION SITE

1.1 The application site is part of Field 624084, which is situated off Rhowin Road, Hibernia, Maughold. This part of the Island is characterised by open fields and small copses surrounded by hilly areas of varying gradations. - 1.2 While the views from the application site are expansive, with the northeast coast of the Island readily visible, viewing the site from publicly accessible areas is almost impossible given its secluded and relatively low-lying nature, but also the mature conifers immediately to the south of the proposed building. There is a larger agricultural building sited in the corner of Field 624105, with the dimensions of 18.5 by 9.3m; 4.5m in height to the eaves and 5.9m in height to the roof apex. The building is modern (approved via 13/00913/B) and finished in concrete with plastic sheeting. THE PROPOSAL

2.1 The current planning application seeks approval to erect a small 'bothy' which is to be situated to the south eastern corner of Field 624084. The building will have the appearance of a traditional bothy (shelter) with all the elevations being finished in traditional stone and a slate roof with a chimney. The 'bothy' will be small in appearance featuring a single room with a fireplace which will have a single 1x1m window and a door to the front elevation. The total floor space (measured externally) will be 11.2m2. The ridge height would be 3m from the ground. - 2.2 Due to the works being a structure within the countryside as a means of justification the applicant has provided details of the farm and reasoning. The holding is a total of 32 acres (12.95 hectares), which has a total of 3 Beef Cows and 19 Sheep, 1 of which is a Tup (uncastrated male sheep) which are farmed on site.

2.3 The reasoning the applicant has given for the 'bothy' is "Needed when weather gets bad and have to stay with animals overnight especially in winter when possibility of snow. (Somewhere warm and to dry ones clothes)." PLANNING HISTORY

3.1 Planning permission was granted for a large agricultural barn on Field 624105, PA13/00913/B which is within the ownership of the applicants. - 3.2 More recently a 'bothy' was granted under PA19/00926/B within Field 624105 of the same size and dimensions as the one proposed above.

PLANNING POLICY

4.1 The site lies within an area zoned as white land (not zoned for development) on the Isle of Man Development Scheme (Development Plan) Order 1982. The land is also within an Area of High Landscape or Coastal Value and Scenic Significance.

4.2 Given the nature of the application it is appropriate to consider General Policy 3, Environmental Policy 1, 2 and 15.

4.2 General Policy 3 of the Isle of Man Strategic Plan 2016 states "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, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

4.3 Environment Policy 1 of the Isle of Man Strategic Plan 2016 states: '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'. - 4.4 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.

4.5 Environment Policy 15 of the Isle of Man Strategic Plan 2016 states "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."

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (17.02.20).

5.2 Garff Commissioners have considered the proposal and have no objection (08.02.20). ASSESSMENT 6.1 The key issues to consider in the assessment of this planning application is the principle of and the agricultural justification for the 'bothy' and any possible visual impact on the wider countryside.

6.2 When looking at the principle of the 'bothy' in planning terms Environmental Policy 1 and 15 are the policies in which assess the acceptability of an agricultural building in the countryside. When looking at EP 15 specifically, General Policy 3 provides a backdrop by restricting the development within the countryside other than in exceptional circumstances. With reference to this application and the relevant part of GP 3 states "essential for the conduct of agriculture." EP15 goes into further detail about the 'agricultural need' for a new building sufficient to outweigh GP3's general presumption against countryside development.

6.3 When looking at the applicants reasoning for the 'bothy' it is in two parts firstly the reasoning for a 'bothy' in the first place and secondly for why the change in the placement of the 'bothy.' - 6.4 The reasons provided by the applicant for the 'bothy' in the first place is to have shelter that would be used to dry off clothes and warm up when tending to his sheep, particularly during any severe winter weather and during lambing when there is a need to stay with the livestock. The existing agricultural shed and surrounding fields are in another part of the Island from where the applicant/farmer resides (approximately 15-20 min drive). The applicant has stated that he lambs in March, requiring the ewes to be checked on a regular basis from the end of February till they have all lambed - every 4 hours. During severe weather the bothy would be used to get warm and dry clothes to enable them to stay there for extended periods reducing the need for travel. The use of the existing barn was suggested however it would not have the capacity for a fireplace. - 6.5 Generally, farmed land is situated adjacent to or within close proximity to a farmhouse. As this is not the case here, and given the travel distances between the livestock and the farmer, it is considered that an exception could be made to such a building in principle. It is considered that the bothy would allow the farmer to tend to their livestock in future years where otherwise

• aging and poor health may result in an inability to consistently travel to check on ewes etc. It is accepted that there is some agricultural need for facilities for the farmer on the site.
• 6.6 Where there is sufficient agricultural need for a new building within the countryside, EP15 goes into further detail on the requirements in terms of siting and size/material used etc. Key here, is that buildings should be sited as close as possible to existing buildings if any.
• 6.7 With regards to why the applicants want to move the 'bothy' from where it was originally approved, they have stated the following "…..with the weather we have experience we have found getting to the location very difficult due to the excessive mud. Although the new site is only a hundred yards away it stays dry and accessible all year round." During my site visit it could be seen that several places with the fields were very muddy, in such a way that a car could easily get stuck. It was unknown whether the issue of not getting access to the fields which was shown during my site visit was due to the weather that the Island has had recently had, which has been an excess of rain that has caused flooding in some areas on the Island or whether this is an ongoing issue with the fields.
• 6.8 The previously approved 'bothy' was to be sited 19 metres to the north of the existing shed on the site which was close to the field boundary that was marked by tall hedging and fencing with mature trees behind. As stated in the previous approved 'bothy' application (PA19/00926/B) "In terms of siting therefore, the proposed bothy is in potentially the most screened location practically possible within the field, while still allowing for adequate manoeuvring into the large shed area."
• 6.9 When looking at the newly proposed suggested siting of the 'bothy' it is around 177 metres from the main structure on the site which is the agricultural barn. The area where the proposed 'bothy' will be is within a corner in field No.624084 which would be surrounded by two sides with an old Manx stone wall which measures over 1 metre high. The land surrounding the proposed area of the 'bothy' is undulating in that the fields to the north (field No.624085) slope down, the fields to the south east (field No.620535 and part of field No. 624105) slope up towards the eastern side of the fields whilst to the western side the fields slope down towards the agricultural barn and the fields to the west slope upwards to the site in question. As such whilst the site is in quite an open position depending on where you are standing within the fields that are in the applicants ownership would depend on whether the proposed 'bothy' was viewed.
• 6.10 The 'bothy' itself is in terms of size is very small for an agricultural building this is as a result for what the overall use of the structure is, which is to provide facilities for 1-2 farm workers at a time during the lambing season and during any bad weather. Traditional 'bothy's' tend to be small in stature and tend to be basic shelters which most times have been refurbished in a very basic form without running water, electricity or modern amenities. This is reflected in not only in the 11.2m2 floor space but also in the traditional low-key design with a stone on all the elevations, slate roof and small chimney. Furthermore, the use of natural slate and stone would assist in blending such a building into its landscape.
• 6.11 Whilst it is given that the 'bothy' will not be situated with the current buildings within the holding, the low profile of the proposed building and it's siting which will be sheltered from public view due to the topography of the surrounding fields and the Manx stone wall surrounding part of the site, it is not considered that the building would be visible from a main public vantage point or is unlikely to be unacceptable for the area. The structure due to its size and materials is unlikely to have an adverse effect on the countryside and as such would comply with EP1.
• 6.12 To limit any possible visual impact of the proposed 'bothy' a condition stating that the materials must be approved prior to works starting by the Planning Department.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2, Environment Policy 1 and 15 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status _______________________________________________________________

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…05.05.2020

Signed :…………S BUTLER……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our onlineservices/customers and archive records.

Planning Committee Decision 05.05.2020

Application No. : 20/00072/B Applicant : Mr James Allison Proposal : Erection of an agricultural building to provide a livestock shelter Site Address : Field 624084 Rhowin Road Maughold Isle Of Man

Planning Officer : Mrs Vanessa Porter Presenting Officer S BUTLER

Addendum to the Officer’s Report

Planning Committee approved the development subject to two additional conditions to those set out in the agenda:

• 1. Requiring removal from site if no longer used: and
• 2. Clarifying that this is an alternative to the earlier approval.

• C .4 If the use of the agricultural building hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

Reason: The building has been exceptionally approved solely to meet equestrian/ agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C .5 The approval hereby given shall not be implemented if the development approved under 19/00926/B has been implemented, and the development hereby approved shall be removed from the site, and the ground restored to its previous condition, within 3 months of any implementation of 19/00926/B which takes place subsequent to the implementation of the approval hereby given.

Reason: The development has been approved as an alternative to the development approved under 19/00926/B, not as an additional development.