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Application No.: 15/00940/LAW Applicant: Magher Grianagh Farm Limited Proposal: Application to make lawful the erection of various sheds and structures to house poultry and run a free range egg business Site Address: Field 130579 & 134146 Magher Grianagh St Judes Road Sulby Isle Of Man Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The site represents the curtilage of Field 130579 & 134146, Magher Grianagh, St Judes Road, Sulby which is a parcel of land on the eastern side of the St Judes Road and north of the Sulby Bridge. - 1.2 The overall site within the ownership of the applicant comprises of fields 34146 and 130579. These fields are well screened from public views given significant mature landscaping which runs around all boundaries of the fields.
2.0 THE PROPOSAL - 2.1 The application seeks permission for an application to make lawful the erection of various sheds and structures to house poultry and run a free range egg business. - 2.2 The application in terms of built structures equates to a total of eight buildings, as shown on 'Exhibit A' of the applicant's submission.
3.0 PLANNING STATUS - 3.1 The application site is not within an area recognised for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
4.0 PLANNING HISTORY - 4.1 The previous planning applications on the application site are considered relevant in the assessment and determination of this application: - 4.2 Approval in principle for erection of an agricultural worker's dwelling - 14/01341/A PENDING CONSIDERATION - 4.3 Erection of two poultry sheds - 09/01176/B - WITHDRAWN - 4.4 Approval in principle to erect a detached dwelling - 07/02366/A - REFUSED on the following grounds:
5.0 CONSULTATIONS - 5.1 Lezayre Parish Commissioners: "27th August 2015 - Defer until after meeting to be held on 10th September 2015 14.09.15 - Defer further to allow information gathering to take place"
5th August 2015 - The Commissioners make the following comments which are summarised as: Concerns of drainage issues around the boundaries of the site resulting in flooding of neighbouring fields; applicant has flouted planning laws as he planning permission was required; the owner has now applied for permission to regularise the existing buildings to gain planning permission for a farmworkers dwelling; and we cannot see on the plan where the disposal of guano takes place.
6.0 ASSESSMENT - 6.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below:
6.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. - 6.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 6.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Department has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence. - 6.5 The applicant (Magher Grianagh Farm Limited) indicates that the buildings/structures on the site have been erected on the site and remained in place for over four years.
6.6 For reference the application was submitted 14th August 2015, therefore four years previous is 14th August 2011.
7.0 EVIDENCE - 7.1 The applicant has submitted a various types of evidence, these include the following: a) An Affidavit of Kenneth David Brew (Director of Magher Grianagh Farm Limited) dated 4th August 2015. The Affidavit provides evidence referring to each building (1 to 8) individually, providing invoices for building materials and works done ranging from 16th December 2002 to 14th February 2011. The evidence also included plans of some of the buildings as well as a Google Street image (taken August 2010) showing building Nr 5. - 7.2 The evidence supplied by the applicant is not considered conclusive. Whilst evidence has been provided of building materials being provided to the site; although some it delivered to the applicants home address of Nr20 Ballallough, Andreas, It is considered the dates the deliveries and the time the works where undertaken on the site could be considered to tally. This can be concluded given the Governments own aerial photograph of the site taken from 2001, 2006/2007, 2009 and 2012. It is noted the majority of the buildings (all except for the caravan, albeit in a different position) did appear to exist on the site when the aerial photograph was taken on the 11th May 2009; although all the buildings in question did exist on the aerial photograph when taken on the 24th March 2012. - 7.3 The Affidavit of Kenneth David Brew states that the works of the buildings in question, commenced between 2008/09 (buildings 1) with invoices dated 9th April and 13th May 2009. The last of these invoices was two days after the aerial photograph was taken on the 11th May 2009. - 7.4 The last building the Affidavit of Kenneth David Brew states was constructed on the site was Nr sheds Nr 5 in July 2010 and February/March 2011. A plan of the building and an invoice of a McGregor shed. It is noted that Google Street View (taken October 2010) shows one of the sheds.
8.0 CONCLUSION - 8.1 From reading all of the submitted information, it would seem that the buildings and the use of them for agriculture activities has taken place on the site for a number of years. The question is whether the buildings/structures have been in place for a continuous basis since 14th August 2015 (i.e. the date of the submission).
8.7 Based on the evidence which has been submitted as part of the application, and form the Governments aerial photograph it is considered that on the balance of reasonableness it has been adequately demonstrated that the buildings/structures on the site have for a period of time in excess of 4 years. Furthermore, the Planning Department has no evidence of its own to contradict that provided by the applicant, nor has any evident been provided by any third party to contradict the evidence provided by the applicant either. As such it is recommended that the application be approved and a Certificate of Lawful Development not be issued. - 9.0 RECOMMENDATION 9.1 It is considered that the development is lawful and as such a Certificate of Lawful Development should be issued.
C 1. The submitted application reference, 15/00940/LAW, contains evidence sufficient to demonstrate that the various sheds and structures to house poultry and run a free range egg business as defined in the submitted site plan received on 14th August 2015 have been used, completed and in place for a period in excess of four years prior to that date.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Certificate of Lawful Use Approved Date : 12.11.2015 Determining officer
Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control
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