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Application No.: 20/00152/B Applicant: Mr Nicholas & Mrs Carole Ennett Proposal: Erection of an agricultural building and creation of an all- weather manège, and cladding works to existing outbuilding (Retrospective) Site Address: Ballakillowey Farm Ballakillowey Road Colby Isle Of Man IM9 4BN Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.10.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of highway safety and to ensure that sufficient provision is made for access, off-street parking and turning of vehicles.
Reason: The proposal is for a private facility and the use of the site by others or for a commercial purpose may have a different and potentially harmful impact on the surrounding amenities and highways.
Reason: In the interests of the character and appearance of the site and surrounding area. Any lighting shall form part of a separate planning application and assessed accordingly.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Subject to the necessary conditions the application complies with General Policy 3 (f), Environment Policies 1, 15, 19 and 20 and Transport Policy 4 of the Isle of Man Strategic Plan 2016 and landscape proposals A2 and D15 from the Area Plan for the South 2013.
This application relates to Rural Business Consultancy supporting statement date stamped 11/02/2020, Penketh Millar 11 x A4 site photographs, drawing numbers 01, 02, 03 and 04 all date stamped and received 10/07/2020, Penketh Millar supporting statement and bat report both date stamped and received 20/07/2020, and drawing numbers 05 and SL date stamped and received 04/08/2020.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The Cottage - as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 Ballakillowey Farmhouse and its associated outbuildings are located on the western side of the A36 Ballakillowey Road approx. 500m north of the roundabout junction to Port Erin and Port St Mary. The farmhouse and two outbuildings are accessed via a small shared lane with neighbouring dwelling 'The Cottage'. The existing outbuildings sit to the west of the main farmhouse between 15m - 20m away. These buildings were originally approved under PA 92/00468/B and PA 01/01446/B (planning history for which is included in 3.0 of this report), one is a traditional stone barn with a low single storey pitched roof, the other is a larger steel framed portal building approx. 18.5m x 9m with a masonry base and steel cladding above.
1.2 The information submitted for the application indicates that the landholding extends to around 20 acres. PROPOSAL
2.1 The site is currently subject to two contemporaneous applications; one for the conversion of the long stone barn into residential/tourist accommodation 19/00638/B and this application for the erection of a new agricultural steel framed building, the creation of a new all-weather riding arena and retrospective cladding works to the existing large outbuilding. Both applications also include the creation of a new access separating it from its neighbour (the current application). - 2.2 The proposed new steel framed building measures approx. 18.5m x 9.5m and is to site directly to the rear of the existing steel outbuilding with a similar ridge height of 5m albeit stepped up slightly due to the slope in the land. - 2.3 The riding arena is proposed to be 20m x 40m and to sit further west of the existing outbuildings within field 414357 and along the boundary with field 414315. - 2.4 The proposed access is to sit around 22m south of the existing access; it is to be provided with 70m visibility in both directions and wide enough nearest the road to allow two vehicles to pass off the road. - 2.5 Metal cladding has already been installed on top of existing Yorkshire boarding to the upper parts of the existing outbuilding. Photographs have been provided to show this. - 2.6 The application was re-advertised early August 2020 following initial comments on both applications for the site. A new agent was appointed and additional and amended plans were provided. PLANNING HISTORY
3.1 The site has been subject to two previous applications PA 01/01446/B and PA 92/00468/B for the erection of the two existing agricultural buildings both which were approved subject to condition restricting the use to agricultural only. As mentioned above there is a contemporaneous application submitted for the site PA 19/00638/B for the conversion of the existing stone agricultural building to provide additional residential/tourist living accommodation. - 3.2 In 2019 an application for an agricultural building and riding arena was refused on this site. The application failed to provide sufficient evidence and justification for the agricultural building and its isolated position west of the existing buildings was considered to result in an unacceptable visual impact. The application also failed to provide sufficient information for the proposed riding arena as to determine its full impact. PLANNING POLICY
4.1 The site lies in an area not designated for a particular purpose on the Area Plan for the South 2013 (APS) and within a wider area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order 1982 which was replaced in the APS by the Landscape Character Assessment where the site lies on the cusp of two landscape character areas - 'Southern Uplands A2' and 'Incised Slopes D15' where the overall strategy is to conserve and enhance the character, quality and distinctiveness of the area by protecting the identity of Port Erin by maintaining sufficient green open space between it and the built areas of Port St Mary, Ballagawne/Ballakillowey, and by maintaining the field pattern and semi-upland character of Bradda Head, the Southern Uplands and Meayll Hill which form important features in the undeveloped backdrop to Port Erin. - 4.2 The Strategic Plan 2016 contains several policies that are considered relevant to the assessment of the current planning application. Environment Policy 1 states a general presumption against any kind of development in the countryside unless considered one of the exceptions set out in General Policy 3 which includes (f) buildings essential for agriculture subject to the test of Environment Policy 15 to ensure no detriment the character and appearance of the countryside in
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 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."
4.5 Environment Policy 15:
"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."
"7.15.1 Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
4.7 Environment Policy 19:
"There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."
4.9 Environment Policy 21:
"Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used."
4.10 Transport Policy 4:
"The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Rushen Parish Commissions - no objection (25/08/2020) and in support (19/03/2020). - 5.2 Department of Infrastructure Highway Services - DNOC Do not Oppose subject to Condition (18/08/2020) -
5.4 The owners of The Cottage - Comments and objections (11/03/2020) summarised as follows:
6.1 There are four matters for consideration in the case of this application and each will be addressed under its own heading below: i) new agricultural building, ii) creation of a new equestrian manege, iii) cladding works to the existing outbuilding and iv) creation of a new access.
6.2 General Policy 3(f) states that an exception to development in the countryside may be acceptable should such it be considered essential for the conduct of agriculture or forestry. The existing site comprises two existing agricultural buildings (one of which is subject to an application for its conversion to a resi/tourist unit). Information provided with the application now outlines the impracticability of the existing stone barn for modern day agriculture with limited access for larger vehicles and limited space for the storage of larger bails and bigger farming equipment, while part of the building remains available for storage of smaller equipment and allows some smaller farm operations there is now an increased need for a larger building which can provide a more efficient provision of space and allow a more efficient operation of the farm. - 6.3 Given the additional information received, it is now accepted that the need for another building of this size and at this farm holding has been demonstrated to be essential for the farming operation of the site and to meet with the test of GP3 (f) and Environment Policy 1. Siting, Size and Design - 6.4 Environment Policy 15 states that if the principle of the agricultural/horticultural building is accepted that it 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. While it is empathised that the siting of the new building here will be more noticeable to the occupants of The Cottage, its position directly behind the existing building will considerably reduce the horizontal spread of development across the landscape and when viewed from along the Ballakillowey Road, Ballafesson Road and Castletown Road and seeking to protect those Southern Upload views and the backdrop to Port Erin. - 6.5 The most recent information submitted for the application indicates that the proposed building is to be finished in grey coloured metal sheeting which is not so far removed from the cladding now installed on the existing building (retrospectively), the use of metal sheeting is not uncommon across the countryside and a grey colour would not be obtrusive. The neighbours raise concern for the untidiness of the existing building and its new cladding sheeting, and that previous annotation outlined the colour of the proposed building being green to match the existing. These matters were discussed with the agent/applicant who was amenable to the painting of the metal sheeting on the elevation in a dark green colour in response to neighbours comments and a condition can be added in this respect.
ii) EQUESTRIAN MANEGE
6.6 The position of the arena is further from the public highway but still remains reasonably clustered around the existing built farm development, although located on the flattest part of the
site its development will still require a degree of engineering to cut out part of the sloping field to provide the flat 20m x 40m arena surface. The level arena will sit behind field boundary hedging which will seek to limit any recognisable views from distance and public perspective views or to harmfully impact the landscape here. The soil classification here is A1 with a level 3 soil classification. This type of soil is best recognised as a mixed land use with good use for grass and crop production. The land is used by the applicants for grazing and grass; the proposed arena facility would not be wholly incompatible with the site and although marginally reducing the area of grass growth it would not result in any significant or unacceptable loss of level 3 agricultural land.
6.7 There is no information submitted in relation to lighting at the site and so this has not been considered as part of the application, a condition stating no external lighting at the site will ensure that any lighting scheme is subject to a subsequent planning application as assessed accordingly.
iii) CLADDING WORKS
6.8 The existing barn has been clad over in sheet metal finished in a grey colour. As covered in
6.5 above metal sheeting is a material often found across many modern farm buildings in the countryside and a grey colour would not be so obtrusive in this location, however given the comments made by the neighbours and the previous annotation for the buildings the applicant has suggested that both buildings be painted a dark green colour.
iv) CREATION OF NEW ACCESS 6.9 It would not be unreasonable or uncommon to have an individual access for a property or farm holding, in this case the proposal will splits the farmhouse and farm traffic from the single residence next door, and while introducing a new access lane into the streetscene and landscape is not considered to result in any significant adverse visual harm as to detriment or impact on the general rural character and quality of the area or countryside.
6.10 DOI Highway Services have too confirmed that separation from the neighbours' access not only provides greater convenience but that it helps to reduce traffic levels from the existing shared access which is below current highway standards. The proposed access meets highway standards and is adequate to cater for the existing and proposed uses at the site and raises no significant road safety issues. The access width allows shared use and has maximised visibility splays at 2.4 x 70m in each direction. The proposal is considered acceptable subject to necessary conditions requiring the access, visibility splays, parking and turning areas being provided in accordance with the submitted drawings. CONCLUSION
7.1 The application demonstrates the need for a new agricultural building in this location sufficient to outweigh the general policy against development in the countryside and falls in line with General Policy 3 (f). The siting, size and design of the building is also considered to be acceptable and to meet the tests of EP 1 and EP 15 and is in the spirit with both landscape proposals A2 and D15 from the APS which seek to conserve and enhance the character of the area and the back drop to Port Erin. A condition ensuring the existing building and proposed building are painted dark green will also help to create a uniform appearance throughout both buildings.
7.2 Full detail has now been provided for the riding arena and its development here will likely have a limited impact on the wider landscape and is not to result in any unacceptable loss of high quality agricultural land and in this respect is considered to meet EP1, EP19 and EP20.
7.3 The proposed access complies with TP4 and is to provide a safer means of access compared with the existing shared access and is not expected to result in any adverse harm to the rural area. - 7.4 The application is considered acceptable subject to conditions relating to the agricultural buildings being painted dark green, no external lighting, no commercial use of the riding arena and the access, visibility splays and parking/turning spaces being provided in full accordance with the drawings.
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 08.10.2020 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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