27 September 2016 · Delegated
West Kimmeragh, West Kimmeragh Road, Bride, Isle Of Man, IM7 4ba
Permission was granted for the erection of two detached agricultural buildings at West Kimmeragh Farm, West Kimmeragh Road, Bride, Isle of Man. The application was handled under delegated powers by case officer Miss Abigail Morgan, with the decision issued on 27 September 2016. The officer recommended approval and the application was permitted accordingly. Five conditions were attached to the permission. There is one earlier planning history reference associated with the site.
The application was approved by delegated decision on 27 September 2016. Permission was granted for the erection of two detached agricultural buildings at West Kimmeragh Farm. The officer recommended approval and the decision matched that recommendation.
Environment Policy 15
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 developme nt 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 d evelopments 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 t he 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 b orne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape.
General Policy 3
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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around the two existing Elm trees, adjacent to Barn B, to be indicated on plans to be first submitted to and approved in writing by the Department. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching and there shall be no entry to those areas except for approved arboricultural or landscape works.
Condition 3
No works or clearance shall commence in relation to Barn B until details of proposed excavation and levelling in relation to the two Elm trees has been first submitted to and approved in writing by the Department. The approved details shall be adhered to throughout the construction period.
Condition 4
The 2 existing Elm trees shall be retained in accordance with the approved details. Should either of the 2 trees within five years of the approved development being occupied or completed (whichever is the later) die, are removed or become seriously damaged or diseased they shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Condition 5
The agricultural buildings hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for agricultural purposes.
