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Application No.: 16/00490/B Applicant: Mrs Lisa Kinrade Proposal: Erection of a multi-functional agricultural building Site Address: Field 620610 Off The Gooseneck Hibernia Maughold Isle Of Man Case Officer : Miss Abigail Morgan Photo Taken: 22.06.2016 Site Visit: 22.06.2016 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The application site is an area land in Field 620610. - 1.2 The applicants own a total of 11 acres in fields - 620610, 620609, 620608 and 620565. There is a small-scale small holding/farming enterprise operating with sheep including 32 loaghtan ewes, 2 breeding rams and 15 lams being fattened. - 1.3 The fields are accessed of Hibernia Lane, with hedging and sod banks around the boundaries of the fields. Field 620610 is higher than the adjacent road and there is a thick boundary hedge/tree line ranging from 1.8m to 2.5m + in height. - 1.4 The landscape in the area rises up away from the road as might be expected for this part of the Island when on the adjacent fields site views beyond are really quite limited as even a slight change in topography results in the land beyond being somewhat obscured. The countryside of the area is characterised by a sense of openness coupled with the existence of isolated dwellings and associated buildings.
2.0 PROPOSAL - 2.1 Planning permission is sought for the erection of a multi-functional agricultural building to provide barn / store and stabling. This is designed to provide somewhere to store feed and machinery related to the field maintenance as well as provide winter shelter for the animals on the farm in addition to lambing purposes. - 2.2 The new building would expand their enterprise with an increased breeding programme and storage for tractor, medical supplies, feed and bedding and pens for the lambing. - 2.3 The proposal is for one building, but there are distinct parts within it. It is in essence a standard modern agricultural barn in design and finish. This measures 9.2m by 9.2m with a ridge height of apx 4.3metres. It would be finished in dark green steel cladding, block work and grey fibre cement roof tiles. Due to the topography of the land, there would need to be some excavation to give a level internal floor. - 2.4 The submitted survey plans and accompanying statement give two options for the disposal of the excavated material; erection of a bund to the north side to provide additional screening for the
house to the north or it could be used to fill out several holes in the 4 fields and to reinforce an ueven and muddy section of pathway to the top field. The applicant has stated that either option would be acceptable.
3.0 PLANNING HISTORY - 3.1 While there is no planning history there is an outstanding enforcement issue relating to the unauthorised use/storage of a caravan, which is being used for storage of feed, medicines etc. This application is proposing to replace this.
4.0 PLANNING STATUS - 4.1 The application site is within an area recognised as being an area of 'High Landscape or Coastal Value and Scenic Significance' under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. - 4.2 Due to the zoning of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:
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:
4.3 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." - 4.4 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:
4.5 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 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."
5.0 REPRESENTATIONS - 5.1 Garff Commissioners do not object to the proposal, however made the following comments on 02.03.2015.
Members expressed concern about this proposal and the introduction of a built structure into this field on the lower slopes of North Barrule. The structure will have an impact, but the Commissioners note that there will be some mitigation through location near to the hedge line. The Commission resolved not to object to this application, but request that conditions are attached to ensure that the current mobile structure is removed once the shed is in place and that no additional structures are erected in the field.
5.2 DOI Highway Services, no highways implications.
6.0 ASSESSMENT - 6.1 In the first instance, it must be determined whether or not the proposal represents an essential agricultural need; if this is accepted the second key assessment point is whether or not the siting and design of the building is acceptable from a landscape impact point of view. - 6.2 The statement outlined by the applicant is clear that there is a good case for a new building in this location. The smallholding at present has no storage or animal protection - except for the caravan, which has no planning approval - and the site visit at the pre-application stage confirmed a number of animals on the land. - 6.3 It is clear that the operation is not agriculturally justified i.e. a full time farm operation, as the enterprise is not what you would described as a fully-fledged farm holding which employees full time workers etc. However, Environment Policy 15 does not indicate or require that agricultural buildings can only be approved if the farm holding is of a substantial size and/or employees one or more employees i.e. similar to agricultural workers' dwellings which does require a holding to be of a certain size/need. The requirement is that the Department is satisfied that there is agricultural or horticultural need for a new building. - 6.4 In view of the general push towards enabling the growth of agricultural enterprises in an appropriate manner, and accord with The Sheep Welfare Code, it is considered that a sufficient case has been made for the need for a new building in this location. The kinds of animals kept, and intended to be kept, by the applicant do benefit from shelter and the landholding is considered large enough to have a need for a tractor and related equipment. It is therefore considered that sufficient evidence has been provided to indicate that there is an essential need for this building in order to facilitate the consolidation and expansion of this emerging enterprise. - 6.5 In terms of the details of the proposal, the building is not especially large by agricultural standards. It would be constructed of materials appropriate to an agricultural building, and would not be unduly prominent as a result. Its location near to mature boundary screens it from wider general views and it would be set well into an existing slope such as to reduce this prominence even further, while the area of hardstanding around it would not be unduly large or, in all probability, visible at all from further afield. The building would be largely screened from public view by its position and the slight variation in topography here. The applicant has indicated that they would be prepared to erect a bund utilising the excavated materials, however it is considered that this is not necessary and would result in the introduction of an alien feature into the countryside. A condition is proposed to exclude the bund. - 6.6 The nearest dwellings are apx 270m to the north and apx 80m to the south. The distance and views at an oblique angle (respective to each dwelling north and south) and the set-down of the building into the hill would also ensure a limited impact in visual terms on the occupiers.
6.7 As a result, it is concluded that the planning application complies with General Policy 3 (f), Environment Policies 2 and 15 of the Isle of Man Strategic Plan 2016.
7.0 RECOMMENDATION - 7.1 It is considered that sufficient evidence has been provided to indicate that there is an essential need for the proposed building (as required by General Policy 3), and that the proposal would be satisfactory from the point of view of its impact on the visual amenity of the area (as required by Environment Policy 2) and the residential amenity of neighbouring dwellings (as required by Environment Policy 15).
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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.
Recommendation Recommended Decision: Permitted Date of Recommendation: 18.07.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
Reason: The caravan is in place without planning approval and its removal would be in the interest of protecting the visual amenity of the area.
This approval relates to Location Plan, Site Plan, Shed Plans A, B, C, D, E and F, Shed Floor Plan, Excavation Site Plans A, B, C, Excavation Description, Accompanying Notes and Photo of Example Build all date stamped received 27 April 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 : Permitted Date: 22.07.2016 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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