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Application No.: 20/00525/B Applicant: Mr Lee And Sarah Cain Proposal: Erection of an agricultural building Site Address: East Part Of Field 321288 Trollaby Lane Union Mills Isle Of Man IM4 4AW Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.07.2020 _________________________________________________________________
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: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.
N 1. The applicant's attention is drawn to the provisions of the Wildlife Act 1990 in respect of the protection of nesting and breeding birds.
This application has been recommended for approval for the following reason. The development is considered to accord with Environment Policy 15 and General Policy 3 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to drawings 20/3009/03 and 20/3009/04 both received on 21st May, 2020.
Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is a small parcel of land within a much larger holding which stretches from close to the A23 Crosby Top Road to part way down Trollaby Lane which is a public footpath. The accompanying blue land accommodates a farm yard which comprises some old stone barns and more modern outbuildings and open fields in all directions therefrom. There is no dwelling on the site, the original farmhouse having been demolished around the 1960s-70s. One of the stone buildings is partially collapsed. - 1.2 At the time of the site visit for an earlier application (see Planning History) the modern barns were occupied by cattle and feed and the applicant previously provided photographs of this. - 1.3 A public footpath runs through the site linking the A23 and the A1. THE PROPOSAL
2.1 Proposed is the erection of a new barn in between two existing barns - one stone, one timber clad. The space currently accommodates an open sided structure which has a floor area of 6.4m by 14m. - 2.2 The proposed building has a footprint of 23m by 9m and will run alongside the existing building to the north and project 4.5m beyond it to the east. The building will be finished in concrete panels up to a height of 1.7m with metal sheeting above to the eaves which is 3.2m above ground level with a ridge level of 4.6m. The eastern gable is open ended and the western gable will have two door openings up to just under eaves level.
3.1 The site lies within an area not designated for a particular purpose on the draft Area Plan for the East and the Town and Country Planning (Development Plan) Order 1982 where the latter also designates this area as of High Landscape Value and Scenic Significance. The site also lies within an area of Broad Lowland Valley in the draft Landscape Character Appraisal where the following policies are relevant:
Landscape Strategy The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the well-treed valley with some scattered and nucleated settlements.
3.2 Specifically within the draft Area Plan for the East there is the following advice specifically for this area of Broad Lowland Valley: Union Mills, Glen Vine & Crosby (C3)
Landscape Strategy - Conserve and enhance a) the character, quality and distinctiveness of the well treed valley with some scattered and nucleated settlements.
Key Views Open views up to the Northern Uplands and the upper slopes of Foxdale in places. Glimpsed views in the east towards the urban edge of Douglas.
3.3 The Strategic Plan has policies which support agricultural development - General Policy 3f (buildings which are essential for the conduct of agriculture) and Environment Policy 15:
"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 aresympathetic 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."
4.1 Planning approval was recently granted to this same applicant for a new modern agricultural building at the north western end of the existing line of buildings opposite the current application site 19/01443/B. Prior to that, planning approval was granted to other modern agricultural buildings under 16/00116/B, 01/01148/B and 96/01090/B again, all submitted by the current applicant. Most recently, the applicant has sought planning approval for the erection of an agricultural dwelling (20/00305/B which is due to be considered by the Planning Committee on 13.07.20). REPRESENTATIONS - 5.1 Highway Services have no highway interest in the application (19.06.20).
5.2 Marown Parish Commissioners do not object to the application (18.06.20). - 5.3 Ecosystems Policy Office remind the applicant of the provisions of the Wildlife Act 1990 in respect of breeding and nesting birds (30.06.20).
6.1 The site is not designated for development but as noted above, there are policies within the Strategic Plan which allow development in such areas where it is justified by agricultural need and can comply with the other policies in the Plan. The applicant has clearly farmed this land as a tenant since at least 2001 and the evidence on site is that the existing buildings and land are used for agricultural purposes. The siting is adjacent to existing agricultural buildings and complies with EP15 in this respect.
6.2 In the previous application the local authority did not consider that there was sufficient justification for another agricultural building as proposed and despite the applicant providing photographs of the existing buildings being used for the storage of feed and livestock, remain of this view. Having visited the site, it is clear that this is a working farm and that the existing buildings are all used for agricultural purposes. The applicant has explained that there are older, stone buildings on the site which are not fit for use due to their condition and that he hopes to develop a dairy unit in this part of the site so would not wish this currently proposed
7.1 The development is considered to accord with EP15 and GP3 and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 10.07.2020 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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