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Application No.: 16/00795/B Applicant: Mr Eddie Quirk Proposal: Erection of replacement shed for use as stores, office in association with repair of agricultural vehicles and machinery and agriculture (retrospective) Site Address: Detached Structure Squeen Farm Ballacrye Road Ballaugh Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 14.09.2016 Site Visit: 14.09.2016 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The site represents the curtilage of parcel of land which is a detached single storey building located within the Squeen Farm, Ballacrye Road, Ballaugh. The site is located on the eastern side of the Ballacrye Road (B9) road, and is northeast of Ballaugh Village. - 1.2 Within Squeen Farm there can be found a two storey traditional Manx farmhouse, a number of detached outbuildings/barns and concrete yard areas. The site is accessed via the private entrance from Ballacrye Road and along a private driveway which travels in a north-eastern direction (approx 250 metres) to the site.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of replacement shed for use as stores, office in association with repair of agricultural vehicles and machinery and agriculture. The application is retrospective. The building is single storey having a width of 11 metres, a depth of 6.2 metres and a ridge height of 4.2 metres. The building is finished with a timber cladding to all elevations and a green felt roof with tile affect pattern. The access road to Squeen Farm runs along the north and eastern elevations of the building, whilst the western elevation faces onto the main yard area of the farm. The southern elevation of the building directly faces a shipping container and beyond that a barn. - 2.2 It was noted when visiting the site the building is not being used in accordance with the proposed plans, but clearly being used as a separate dwelling. A second application has been submitted for the "Conversion of stores and office building into a residential dwelling (retrospective)" - 16/00796/B.
3.0 PLANNING POLICY AND STATUS - 3.1 The application site is within an area designated as High Landscape or Coastal Value and Scenic Significance, not designated for development under the Isle of Man Development Plan Order
3.2 Due to the land use designation of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:
3.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.4 Environment Policy 1 states: "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." - 3.5 Environment Policy 2 states: "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:
3.6 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".
4.0 PLANNING HISTORY - 4.1 There have been the previous planning applications on the application site which are considered relevant in the assessment and determination of this application.
4.2 Conversion of stores and office building into a residential dwelling (retrospective) 16/00796/B - PENDING CONSIDERATION - 4.3 Application to make lawful the part use of yard for the repair of agricultural vehicles and machinery in addition to normal agricultural use - 16/00300/LAW- APPROVED - 4.4 Application to make lawful the erection of a replacement building for use of storage and office for agricultural vehicle repair business - 16/00303/LAW - APPROVED - 4.5 Erection of an agricultural machinery shed to replace existing - 06/01585/B - REFUSED on the following grounds:
"R 1. The proposed building, which has the appearance and layout of a retail unit, is considered to be inappropriate within an area designated within countryside, and as such would be contrary to Environmental Policy 18 of The Isle of Man Strategic Plan.
R 2. The site is not designated for commercial use and is within the countryside. The introduction of this proposal would be inappropriate and would amount to the introduction of a commercial use into the countryside contrary to the land designation in the Isle of Man Development Plan Order 1982."
4.6 Demolition of existing outbuilding and erection of replacement outbuilding - 05/00364/B APPROVED
5.0 REPRESENTATIONS - 5.1 Ballaugh Parish Commissioners have no objection (on 23.08.2016). - 5.2 Highway Services have no objection (on 18.08.2016). - 5.3 The owner/occupier of 321 Queens Road, Maidstone, Kent (immediate family member) objects (on 05.10.2016). Site notice was incorrectly displayed; form two old work sheds with soil floor stood on site in question which was knocked down by applicant and then a concrete base and a new dwelling was erected; applicant lives in the property with his partner; was never used as a work shed or part of an agricultural repair business office; building was erected with sole intention to become a dwelling does the building comply with health and safety standards; has the septic tank been installed correctly; he works full time for another local business, all comments in statements are past tense in relation to his business not the present; applicant was not in business with his Father, nor ever had been, the applicant may have had a small business of his own which he undertook form the farm premises with the permission of his Father; the main business (John Deere) referred to was carried out after his Father died; there was no forced sale of Rose Cottage as the applicant did not own it; applicant had originally built himself a small flat above a shed on the farm, again with no planning permission and then moved into the new dwelling; you are already aware of that other structures had been erected on the property that the applicant did not apply for the relevant planning permission; Mrs Quirk does not have nor ever had her great grandchildren stay over, she is 78 years old and in ill health and sleeps in the ground floor bedroom of the farmhouse which has more than the two bedrooms stated by applicant and would be big enough to accommodate the applicant, his grandchildren and Mrs Quirk; The applicant has had no intentions of ever applying for planning permission, for his new dwelling or any other structures and knew exactly what he was doing; the applicant's biasedness has caused considerable inconvenience, stress and anxiety to immediate boundary property, due to unsociable noise, activity and volume of traffic; raises concerns that there are member/s of Ballaugh Parish Commissioner's having a vested interest in this business development; and neighbouring owners have put their property up for sale due to levels of unsocial behaviour, stress and noise pollution the applicant's businesses cause, especially since the passing of Mr Robert Quirk (father).
6.0 ASSESSMENT - 6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential for the conduct of agriculture or forestry. - 6.2 Environment Policy 15 also needs consideration, as the first paragraph of this policy requires first the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside. - 6.3 Visiting the site is was noted that the current building is not being used for the purposes which the current proposal is seeking i.e. as stores, office in association with repair of agricultural vehicles and machinery and agriculture. The property is being used and is laid out as a dwelling. Furthermore, at the same time as submitting this current application, the applicants have a further planning application for the "conversion of stores and office building into a residential dwelling". The fact the applicants are choosing not to use the current building for the purposes of store/office/agriculture purposes, nor have the intention of using the building for these use, but rather as a dwelling, indicates that there is clearly no justification or need for the building for the uses proposed under this current application. Accordingly, the application fails General Policy 3 and Environment Policy 15. - 6.4 Consideration is also given that a recent application to make lawful the erection of a replacement building for use of storage and office for agricultural vehicle repair business was approved. Accordingly, the Department is far from convinced that additional office/storage is required for this business, given such provision already exists. - 6.5 In terms of the scale, materials, colour, siting and form of the building. The building has more of an appearance and character of a domestic property rather than an agricultural building, albeit the applicants seek approval of the building for the purposes of a store and office in association with the repair of agricultural vehicles and machinery and agriculture, rather than a general agricultural barn. Accordingly, there is no specific planning policy which deals with the design of buildings for the uses indicated. However, it is not considered the buildings, design, finish and overall appearance is acceptable, given it has the appearance of a new dwelling in the countryside. The existing store and office associated with the repair of agricultural vehicles and machinery and agriculture are within an agricultural type barn which has been converted/adapted. This would seem the more appropriate way to provide such accommodation, rather than the proposed building. - 6.6 It is accepted given the position of the building within the farm complex and distance from the public highway the building does comply with part of Environment Policy 15 in relation to its siting. However, this does not make the proposal being acceptable, as other material planning matters as indicated previously, do not sufficiently outweigh the general policy against development in the countryside, partially when the need has not been established and the design of the building is inappropriate within the site/countryside.
7.0 RECOMMENDATION - 7.1 For these reasons set out in this report, it is considered the proposal would contravene with the relevant policies as indicated within the Isle of Man Strategic Plan and therefore it is recommended that the application be refused.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application as they do not own land adjacent to the site and as such would not be directly affected by the application in a material way:
The owner/occupier of 321 Queens Road, Maidstone, Kent (immediate family member - Part Trustee of Estate of Robert Walter Quirk) Recommendation Recommended Decision: Refused Date of Recommendation: 03.10.2016
2 and 15 of the Isle of Man Strategic Plan 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 12.10.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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