Planning Officer Report 11/01430/A

Planning Officer Report And Recommendations {{table:368534}} {{table:368533}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE SCALE OF THE PROPOSAL

The Site

1. The site is the curtilage of Ballakilley Farm, a farm complex whose buildings are immediately opposite Ayre View public sector housing estate and adjacent to the open land which has recently been the subject of the Bride Development Order. The farm extends to 26 hectares (65 acres) and is bounded by the Lambhill Road to the south and the A10 to the west. Currently the farmhouse and farm buildings are all at the northern end of the site close adjacent to Bride village. The farm buildings include a farmhouse and a range of farm buildings - all relatively modern and to the south west and south of the farmhouse.

1. The farmhouse is old but not identified to be of particular architectural merit and the outbuildings are mostly modern and large span.

The Proposal

1. Proposed is the principle of the relocation of the farm buildings to the south of the site, along the Lambhill Road. The new complex would include a farm shop, livestock sheds and slaughter house and farm house. PA 11/1262 granted approval for a slaughter facility on the existing farmyard which is intended for stock bred on the farm only.

1. The new farm unit would be approximately 300m along the Lambhill Road which is narrow.

1. Following objections, the applicant has submitted further information (which does not change the proposal or the site as originally submitted and as such was not re-advertised) demonstrating how the buildings could be accommodated the required visibility splays of 2.4m by 3.6m onto the highway whilst seeking the best location which includes the very low hedges alongside the site to provide for visibility. The applicant notes that the existing farmhouse may be of interest but is of poor building standards and offers a very low standard of living accommodation and in part is suffering from collapse. They recommend that they will accommodate the existing mound of archaeological interest.

Planning Policy

1. The site is designated as Open Space and High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982; as such the following policies are considered to be appropriate:

General Policy 3:

"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, historical, or social value and interest (Housing Policy 11)

c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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".

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."

Environment Policy 2 states:

"The present system of landscape classification of Areas of High Landscape of 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 difference 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."

1. Also, Environment Policy 15 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 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."

1. There is close to the site of the proposed building and within the application site, a site of archaeological interest. Environment Policy 40 states "Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof."

1. Environment Policy 41 states: "The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer."

1. The Town and Country Planning (Ballakilley, Bride) Order 2012 makes provision for residential development on the other side of the northern boundary of the farm site.

PLANNING HISTORY

1. There have been no applications on this site previously. The main farm complex has been the subject of a series of applications for agricultural development, none of which is particularly relevant to the consideration of this application.

REPRESENTATIONS

1. There are objections to the application from local residents at Lambill and Cronk Bane, neither of which are immediately alongside the site of the new buildings but use the same road network to access the main road. They are both concerned that there is insufficient agricultural justification for the intrusion of new buildings in the countryside and that the proposed development includes retail and industrial activities which are inappropriate in this location. They also suggest that the road network is not suitable for the development and that noise generated by the proposed use would be unacceptable.

1. Highways Division indicate that the application has no adverse traffic management, parking or road safety implications.

1. Residents of Maughold express concern that the Highways Authority do not seem interested in the application, that the highway is not suitable for further use, that there is no certainty over the redevelopment of the site of the existing buildings.

1. A resident of Laxey expresses concern at the loss of the existing vernacular buildings on the site which she considers should be retained and points out that they are within a proposed Conservation Area within the village.

1. DEFA Agricultural Adviser recommends that the operation is on 87 acres of owned land of which 12 acres are used for growing cereals and the remainder for growing grass. The business involves 500 table chickens, 1400 turkeys, 600 ducks, 250 geese - predominantly for the Christmas market along with 10 pedigree breeding cows with 2 rearing heifers and 2 bulls, 75 pedigree ewes, 22 ram lambs, 22 ewe lambs, other lambs not suitable for breeding are sold fat and also there is a 25 sow pig enterprise. The pork is sold at various ages and weights to satisfy a range of markets - approximately 60 pig places are occupied throughout

the year. The labour requirement for the operation is 0.91 units. The applicant also operates a "successful" butchery and wholesale business specialising in poultry and pork. The labour associated with this is not included in the 0.91 units. The Adviser suggests that the existing buildings are not ideal for their current use due to the intensity of the operation and the approved residential development granted as part of the Ballakilley Order will not improve the situation. He states that the application will allow the applicant to provide a range of specialist production buildings with an ergonomic layout for the buildings and in summary he advises that the proposal will improve the facilities for agricultural production subject to the existing buildings being vacated and cleared.

1. Bride Parish Commissioners object to the application as the new buildings would be on greenfield land and there is neither a guarantee that the existing buildings will be cleared and vacated nor any guarantee about the future of the farmhouse which they consider is of architectural interest.

1. A resident of Douglas objects to the application on the basis it is in the countryside and there no good reason to relocate the farm.

1. Manx National Heritage draw attention to the medieval motte or defensible site which is identified as a site of archaeological interest and recommend that the new buildings are relocated further north east along the Lambhill Road although they note that there is a potential second archaeological site towards the northerly end of the road. They recommend that should permission be granted then a record of the existing farmstead be made.

ASSESSMENT

1. The farm is very close to both existing dwellings and land which has been indicated as being suitable for new residential development. As such, it is considered, as advised by the Agricultural Adviser, that there is agricultural justification for relocating the farm operations and buildings further from the village centre and the concentration of residential development. The new site would achieve this but would bring about a number of potential adverse impacts on visual impact, traffic and road safety, archaeology and neighbours in the vicinity of the new buildings.

1. In terms of visual impact, the buildings would be visible from both the Lambhill Road and the Main A10 highway however, the siting would result in the potential for screening from the main road by existing topography and proposed mounding and landscaping such that the visual impact need not be adverse.

1. The Highway Authority has indicated that there will be no adverse impact on road safety from the proposal. The hedges in the immediate vicinity of the site are low and visibility splays of 2.4m by 36 minimum could be available. Within the site there is space for vehicle parking, manoeuvring and storage. Whilst the Lambill Road is a rural one, it is only around 330m from the junction with the A10 main road in which distance the road is relatively straight with reasonably good forward visibility.

1. The applicant has consulted with Manx National Heritage and suggested that the proposed buildings could be relocated so as not to interfere with the sites of archaeological interest. The site is large and it is considered that the application for reserved matters could demonstrate that the development could be implemented without adverse impact on the archaeology of the area.

1. The proposed new buildings would be around half a kilometer from Lambhill, the closest dwelling to the proposed buildings on the Lambhill Road and around a third of a kilometre from the residential curtilage of Kerrow ne Cronk to the north west off the A10. It is considered that this affords an acceptable level of distance from the proposed buildings such

that they would not create issues of noise and smell over what would generally be expected in a rural location.

1. What is uncertain is the future of the buildings to be vacated. The farmhouse is not subject to an agricultural tie and as such does not have to be occupied by an agricultural worker, should the farm be relocated or abandoned. As such, it is considered that the future of the farmhouse building is not a determining factor in whether this application for the relocation of the farm operation should be permitted. If the building were to be retained and refurbished and occupied separate to the farm, then this would not be contrary to any planning policy. What is of more importance is the farm buildings and that they are removed: the timing of this should be applied to the conditions of any approval of this application and the farm buildings should be vacated and not used for agricultural purposes as soon as the new buildings are available for use and demolished within three months of the occupation of the new approved buildings.

1. What is proposed is development in the countryside but necessitated by the fact that the village has grown around and close to the farm operation. The Strategic Plan makes provision for development in such areas where there is agricultural need and states that protection of the countryside will be enforced, particularly where the development is in isolated locations and/or close to the highway unless there are exceptional circumstances. It is suggested that this is an exceptional case and that there are no other less intrusive locations where the development would be less visible and still within the same farmholding and with safe access and where there would not be impacts on other material concerns. As such it is recommended that the application is permitted.

PARTY STATUS

1. The local authority, Bride Parish Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The residents of Lambhill and Cronk Bane are not directly alongside the proposed buildings but will share the access which will serve the new properties and as such should be afforded party status in this case.

1. The residents of Douglas, Maughold and Laxey are not directly affected by the proposal and as such should not be afforded party status in this case.

1. Manx National Heritage and Department of Environment, Food and Agriculture are statutory authorities who raise material planning considerations and as such should be afforded party status in this case.

Recommendation

Recommended Decision: Permitted

Date of

27.07.2012

27 July 2012

11/01430/A