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Application No.: 16/01111/B Applicant: Mr & Mrs Mark Oates Proposal: Erection of an agricultural building Site Address: Field 134313 Adjacent To Kerrowmooar Croft Kerrowmooar Sulby Isle Of Man Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is Field 134313, which is within a larger farm holding located to the east of Sulby. The overall landholding comprises a number of other fields, all contiguous with one exception to the northeast, located to the north of the A3. The site is located immediately adjacent the A3, and has a gated access onto the highway. To the immediate west is Kerrow Mooar Croft, which is the farmhouse associated with the wider landholding and the home of the applicant. There is also a recently constructed agricultural portal framed barn within the application site which is located to the northeast of the farmhouse. - 1.2 The site lies slightly below the road level, and the trees and hedges lining the road and field boundaries make the site less visually prominent than might be expected. - 1.3 It would appear that the site is situated on Grade 2 Agricultural Land, which is amongst the best and most versatile. Immediately to the east, the land is Grade 3/4 in equal measure.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of an agricultural building to the centre of Field 134313. The barn would be 22.8m in width and 12m in depth, with a 15 degree-pitched roof, the apex of which would sit 6.8m off the ground. It would be solid on three of its elevations, with the northern rear elevation being wholly open. - 2.2 The walls are should as concrete blockwork to 1.80m above finished floor level, with a juniper green box profile sheeting above this height. The roof would be constructed of grey fibre cement sheeting. - 2.3 The applicant advises that the building would be used to store grain which is being produced as the existing barn is too small to store the grain as well as machinery and straw/animal feed. Previously when the applicant sought approval of the existing barn on the site, they also advise that the need for that barn came about following the recent subdivision of the farm holding, which has resulted in the loss of access to a storage building.
3.0 PLANNING HISTORY - 3.1 The site has been the subject of the following planning application which is considered of material relevance to the determination of the current application:
3.2 Erection of an agricultural building - 14/00720/B - APPROVED
4.0 PLANNING POLICY - 4.1 The application site is within an area recognised as being an area of 'woodland' not zoned for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. The site is not within Flood Zone 3, but the fields to the north and west are. - 4.2 There are therefore several policies of relevance in the Strategic Plan. The relevant parts of General Policy 3 state: '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 1 reads in full: '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'.
4.5 Environment Policy 2 reads in full: 'The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLVs) 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:
4.6 Environment Policy 14 reads in full: 'Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to:
4.7 Environment Policy 15 reads in full: '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 AND CONSULTATIONS - 5.1 Highway Services do not oppose the planning application (01.11.2016). - 5.2 Lezayre Parish Commissioners recommend approval of the planning application (18.10.16).
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 From the information submitted and from visiting the site it was evident that the existing barn on the site is being used for agricultural proposes, mainly for the storage of machinery. There did not appear any spare capacity for the storage of crops etc. Accordingly, it is considered given the applicants main type of production is of oats, milling wheat, whole crop and hay (36.8 acres in total) it is considered the proposed barn is a reasonable request to enable them to store the cops undercover and/or machinery which is current in the existing barn which is having to be moved outside when the crops are produced. Accordingly, it is considered the justification for the additional barn is acceptable and therefore complies with Environment Policy 15. - 6.4 In terms of the siting, scale, colour, form and materials of the proposed building, no objection is raised. It is accepted that the building is of a relatively uninspiring design but, in the context of agricultural buildings, it is very much "of its type". That the roof colour would be grey in colour and thus provide a level of camouflage from the open nature of the countryside is, however, welcome, while the proposed green box profile sheeting would match the colour of the countryside. New landscaping is also proposed along the eastern and southern boundaries of the building to help the blend the barn into the countryside setting. A landscaping condition should be attached for this planting. The siting of the barn next to the previously approved barn, close to the boundaries of the filed, and near to the farmhouse where the applicant lives again would comply with Environment Policy 15 which requires building being as "close as is practically possible to existing building groups".
7.0 RECOMMENDATION - 7.1 The policies of the Strategic Plan are clear that development should not take place in the countryside unless there is a clear justification for that development. On balance, the proposed building is considered to be agriculturally justified, and appropriate in terms of the proposed design and siting, and therefore a recommendation of approval is made.
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:
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.
This approval relates to drawings reference numbers 1A and 3A all received on 26th September 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: 04.11.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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