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Application No.: 20/00765/B Applicant: Apple Orphanage Co. Ltd. Proposal: Erection of temporary building for storage and retail use Site Address: Apple Orphanage Field 310346 Ramsey Road Peel Isle Of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.09.2020 _________________________________________________________________
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. Any other use would require permission via separate application.
Reason: The building is acceptable only for a temporary period because it meets a specific short-term need.
Reason: The retailing of any other products not grown on site would need to be assessed as part of a separate planning application and against the Departments relevant policies on retailing.
N 1. The applicant is reminded that a separate application for Express Consent is required for any signage/advertisement at the site.
Subject to those conditions relating to agricultural use, temporary 5 year period, its completion within 12 months and removal should it no longer be required and a condition restricting retail sales, the application is considered to comply with General Policy 3 (f), Environment Policies 2, 15, 17 and 18 and paragraphs 7.14.1 and 7.14.2 of the Isle of Man Strategic Plan 2016.
This approval relates to Location Plan, supporting statement and the following drawing ref numbers all dated stamped and received 15/07/2020: PTBS-01, PTBS-02, PTBS-03 and PTBS-04 PTBF-1-02, PTBF+B-01, PTBF-E-01 and PTBF-D-03 PTS-A1-01 and PTS-A1-02 NP-STRUCT PTBVFR-01 PR-TS-01 SP-0-01 01SP-01, 01SP-02, 01SP-03
The application drawings also includes reference to 4 drawings submitted for a contemporaneous application 20/00661/B showing details for access, internal roads and parking for the site.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE APPLICATION SITE - 1.1 The application site comprises a parcel of land approx. 5.4acres on the eastern side of the A4 road linking Peel to Kirk Michael and south of the junction with Ballabooie Road. - 1.2 The site (field 31046) is planted as an orchard and forms part of the established operation of the 'Apple Orphanage', a local business specialising in the production of handcrafted drinks made from local produce and home grown ingredients producing around 100,000 bottles per year.
1.3 Access into the site is currently via a typical agricultural gated entrance set back approx. 6m from the edge of the A4 and positioned almost opposite the farm entrance to Lynague Farm which is where the 'Apple Orphanage' is currently based within a rented stone barn belonging to a full working farm where access is currently shared between the business, the farm and a public footpath. The shared nature of the farm access often presents limitations in parking and manoeuvrability and can make deliveries to the business site difficult particularly with large vehicles. - 1.4 Part of the business operation includes a community fruit exchange whereby persons can drop off ad-hoc home-grown produce to the farm for production, this fruit exchange provides an opportunity for the 'Apple Orphanage' to engage with and educate their customers by promoting and detailing horticultural practices to ensure best practice in food production and promote Manx farming. At present the constraints of the existing shared track makes difficult the drop-off of produce, this is further exacerbated by the limited visibility from the existing farm access making the exit on to the main road more challenging. - 1.5 The field site here is current subject to two applications, this one for the erection of a temporary agricultural building and the second for alterations and improvements to the existing field access to accommodate the orchard use and business operations.
2.0 THE PROPOSAL - 2.1 The application proposes the erection of a temporary agricultural building for a period of 3-5 years. The temporary agricultural building proposed is to be created through the siting of two green shipping containers and a steel framed arched green canopy between mimicking a 'polytunnel' style appearance and providing a covered central store area. - 2.2 The building is to be sited part way along the southern boundary and middling the field central to the orchard. The temporary building is proposed to have an overall footprint approx. 12.2m x 12.8m and the front elevation is to join the internal turning circle (proposed under 20/00661/B) and face west towards the main road. - 2.3 Each shipping container is 2.9m tall x 2.4m wide x 12.2m long, the proposed arched PVC canopy is to span 8m between the two shipping containers reaching 5.5m at it tallest point. The building frontage is to be clad in recycled wooden pallets. - 2.4 Internally the shipping containers are to provide fully enclosed and weatherproof space for the storage of finished and completed products. Within the end of one shipping container is also to be a small 2.6m deep shop area for the retail sale of products made on site. The internal space created by the anchored canopy is to provide an area of general and fruit storage for the site. - 2.5 In terms of ground works the building is detailed to be sitting on three concrete pier foundations with a smaller concrete pad nearest the front elevation facilitating delivery, pick up and customer fruit exchange area. At the rear of the building are rain water storage containers and across the roof of one storage container are detailed a row of south facing solar panels.
3.0 PLANNING HISTORY - 3.1 Aforementioned, there is a contemporaneous application on the site for upgrading works to the existing field access 20/00661/B, this application remains pending consideration.
4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area not designated for development and zoned as Area of High Landscape Value or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Section 45 of the Town and Country Planning Act 1999 specifies that fruit growing is an agricultural practice. Section 6(3)(c) further states that the use of any land and
4.2 General Policy 3 (states in part):
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (f) building and engineering operations which are essential for the conduct of agriculture or forestry.."
4.3 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:
4.4 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 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 is it 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".
4.5 "Paragraph 7.14.1 The use of land for horticulture, market gardens or nursery grounds is common on the Island and often found on sites in the urban fringe or free-standing in the countryside. Such uses can contribute to the economic activity of rural areas, but the requirement for buildings and adequate access and parking spaces means that such developments can be intrusive in the countryside. The development and expansion of such sites needs to be carefully managed particularly where there are traffic implications and in order to prevent the proliferation of buildings, which may include growing tunnels and external displays and greenhouses, leading to an adverse impact on the character of such areas. - 4.6 Paragraph 7.14.2 Selling the produce grown in a market garden or a nursery from the site may not constitute development, but retailing other products does, and will be subject to the Department's general retail policies." - 4.7 Environment Policy 17:
"The development of buildings and other facilities associated with nurseries and market gardens will only be permitted where:
4.8 Environment Policy 18:
"Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 German Parish Commissioners - No objections (12/08/2020) - 5.2 The Department of Infrastructure Highway Services - Do not oppose (04/08/2020). - 5.3 DEFA Island Fisheries - No objection (05/08/2020)
6.1 Paragraph 7.14 of the Strategic Plan 2016 sets out that the use of land for horticulture, market gardens or nursery grounds is not uncommon and such uses can contribute to the economic activity of rural areas, but that their development and expansion of such sites needs to be carefully managed so as to not result in any adverse impacts. Agricultural Need - 6.2 The current proposal forms part of a larger master plan for the site which ultimately seeks to allow for the continuation and growth of the established 'Apple Orphanage' business
7.1 It has been satisfied that there is agricultural need for a building here and the siting, unusual design and overall size of the building will help to best limited visual harm to the character and quality of the AHLV. - 7.2 The temporary building has been sought for a specific agricultural need for a period of 3-5 years, in order for the visual impact to be acceptable the building needs to be fully implemented in accordance with its unusual design. As part of any such approval suitably worded conditions should be considered for its sole agricultural use, its temporary period, the need to have the structure completed within a specified time frame and its removal should it no longer be required. A condition also specifying that the retail element of the scheme is to be restricted to the retail sale of product made on site only is appropriate for the avoidance of doubt. - 7.3 Subject to the above conditions the application is considered to comply with General Policy 3 (f), Environment Policies 2, 15, 17 and 18 and paragraphs 7.14.1 and 7.14.2 of the Isle of Man Strategic Plan 2016.
7.4 On discussion with the applicant it was agreed that a period of 12 months would be acceptable to have the structure completed in accordance with the drawings and that the temporary period given the current climate for business during the current pandemic shall be for the longer 5 year period.
8.0 INTERESTED PERSON STATUS - 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 21.09.2020 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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