Officer Report

Application No.: 16/00300/LAW Applicant: Mr Eddie Quirk Proposal: Application to make lawful the part use of yard for the repair of agricultural vehicles and machinery in addition to normal agricultural use Site Address: Squeen Farm Yard Squeen Farm Ballacrye Road Ballaugh Isle Of Man Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The site represents the curtilage of Squeen Farm Yard, Squeen Farm, Ballacrye Road, Ballaugh which is located on the eastern side of the Ballacrye Road (B9) road, and is northeast of Ballaugh Village. - 1.2 Within the site 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 PROPOSAL - 2.1 The application seeks approval to make lawful the part use of yard for the repair of agricultural vehicles and machinery in addition to normal agricultural use.

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, but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.

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 Application to make lawful the erection of a replacement building for use of storage and office for agricultural vehicle repair business - 16/00303/LAW- PENDING DECISION - 4.3 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."

5.0 REPRESENTATIONS - 5.1 Ballaugh Parish Commissioners have no objections (received on 25.04.2016).

6.0 ASSESSMENT - 6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness that the part use of yard and a existing building for the repair of agricultural vehicles and machinery in addition to normal agricultural use for a continuous 10 year period from the date of the submission. Under Schedule 4 Part 1 Paragraph 3. (c) of the Town and Country Planning Act 1999 "No enforcement notice may be issued - in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.". - 6.2 The applicant indicates that the repair of agricultural machinery/vehicles is primary going out on site to repair machinery and vehicles in situ on other farms. When the repair could not be completed in situ the machinery/vehicles was brought back to the yard at Squeen Farm. Repairs are carried out periodically carried out on older style agricultural vehicles and machinery but primary on site and not on Squeen Far, itself. However the applicant wishes to maintain the ability to carry on this long established business from Squeen Farm.

7.0 EVIDENCE - 7.1 The applicant has submitted a various types of evidence, these include the following:

• a) A12 photographs of invoices which are titles "Eddie Quirk Agricultural Services and the address of the business being Rose Cottage, Killane, Ballaugh. They are address to a number of agricultural farms/farmers and date between 6th December 2002 and 10th February 2015.
• b) two photographs of letters from a Mr W McMillin (McMillin Farms, Lhen Mill House, Lhen bridge) and Mr E Cowin (Ballaterson Moar Farm, Ballaugh) both confirming that for in excess of ten years they have used Eddie Quirk at Squeen Farm, Ballaugh for the repair of farm machinery (both at their respective farm and at his workshop).
• c) Three Photographs showing the existing building in situ in December 2015.
• d) Eight Photographs taken of Squeen Farm (indicated by applicant that they were taken on 21st June 2007, albeit the photos are not dated themselves) which indicate the Farm had a John Dere franchise.
• e) Aerial photographs (2003, 2006 & 2012) of the site.
• f) A email (dated 20th December 2006) between the Planning Department and the then Architect (GCA) who indicated the then planning application (06/01585/B) for a replacement agricultural shed was to be used for the existing business which had operated on the site for 10/15 years for agricultural vehicle maintenance/sales of equipment.

7.2 The Planning Department has also identified the business "Eddie Quirk" listed within the Isle of Man telephone book (years 2008 to 2016) under the sections of "Agricultural Engineers" with the address of "Stores, Squeen Farm, Ballaugh".

8.0 CONCLUSION - 8.1 The evidence provided is not necessary the most detailed; however, it is considered that in the likelihood of probability and on the balance of reasonableness, it has been adequately

demonstrated that the part use of yard for the repair of agricultural vehicles and machinery in addition to normal agricultural use for a continuous ten year period.

9.0 RECOMMENDATION - 9.1 It is considered that the development is lawful and as such a Certificate of Lawful Development should be issued. - 9.2 The submitted application reference, PA 16/00300/LAW, contains evidence sufficient to demonstrate that:

The site yard and building at Squeen Farm, Ballacrye Road, Ballaugh (as defined in the plan attached hereto) has been used for the repair of agricultural vehicles and machinery in addition to normal agricultural use for a period of time in excess of 10 years prior to 11th March 2016.

Recommendation Recommended Decision: Permitted Date of Recommendation: 12.05.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The submitted application reference, 16/00300/LAW, contains evidence sufficient to demonstrate that the existing building and yard has been used for the repair of agricultural vehicles and machinery in addition to normal agricultural use at Squeen Farm, Ballacrye Road, Ballaugh as defined in the submitted location plan received on 11th March 2016 for a period in excess of ten years prior to that date.

I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 08.07.2016 Determining officer

Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control

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