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Application No.: 19/00252/B Applicant: Homelea Farms Ltd Proposal: Alterations and erection of a portal frame agricultural building Site Address: Shenvalley Farm Foxdale Road St Marks Ballasalla Isle Of Man IM9 3AL Principal Planner: Miss S E Corlett Photo Taken: 26.03.2019 Site Visit: 26.03.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.04.2019 _________________________________________________________________
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 countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.
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.
N 1. For clarification, no approval is hereby granted to the erection of a dwelling as shown in plans 2A, 3A and 4C.
Plans/Drawings/Information; This decision relates to drawings 1A, 2A, 3A and 4C all received on 5th March, 2019.
None _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is the farmyard and immediate curtilage associated with Shenvalley Farm which is located on the eastern and southern sides of the B35 St. Mark's Road which continues to the east to meet the A24 at Garth crossroads. - 1.2 The site contains a range of modern and older farm buildings and up until recently accommodated an old, quarterland style farmhouse which has recently been demolished to make way for a newer dwelling to the rear, which is currently under construction (see Planning History). - 1.3 The farm buildings are a combination of old and new. The older buildings are in various states of disrepair: that in best condition lies on the southern side of the farmyard: the others across the yard appear to have been built a different types and some have been adapted for other uses. The modern buildings sit at the southern end of the farmyard with the most recent building sitting to the north. - 1.4 The site defined in blue extends to 56 hectares (140 acres) all contained in one parcel of land surrounding the farm yard. - 1.5 The site plan shows the existing buildings, some of which are to be demolished, on the northern side of the farm yard along with the footprint of a proposed new agricultural building which is the subject of a concurrent application, 19/00252/B. - 1.6 Some of the buildings on site are visible from the adjacent public highways: the stone building and adjacent silos are visible on the approach to the site from St. Mark's. The modern agricultural building to the north of the main yard is also visible from the north of the site. THE PROPOSAL
2.1 Proposed is the erection of a farm building. This will be sited alongside an existing modern agricultural building which itself sits to the south of the historic farmyard. A number of existing, older buildings are to be demolished to create a second farmyard immediately to the south of the existing and proposed buildings. There are other buildings to the south, separated from the proposed building by an older structure which is shown to be retained. The buildings to be demolished may be removed without the need for planning approval under Class 36 of Schedule 1 of the Town and Country Planning (Permitted Development) Order 2012. - 2.2 The proposed building has a footprint of 30m by 30m and takes the form of two adjoining buildings each with a shallow pitched roof. The building will be finished in Yorkshire boarding starting at a height ot 2m above ground level with the area below left open and with a corrugated cladded roof and separated from the existing building by 6m not including the existing building overhang. An existing earth embankment is to be removed to accommodate the building and this will be rebuilt to the east at a height of 3m. A stock proof fence will be constructed to the north with a field gate on the eastern side. - 2.3 The applicant has provided supporting information, explaining that the farm holding includes not only the land which is part of this application but also a further 56 acres owned and rented at other sites in the vicinity. The applicant purchased the site in May 2016 and has been investing in the site since then, improving drainage and allowing for the increase in stock numbers. The dwelling which is currently being built is "to allow the family to reside on site and
3.1 The site lies within an area designated on the APS as not for any particular purpose. As such, there is a presumption against development as set out in General Policy 3 and Environment Policy 1. The site lies within a wider area of Incised Slopes on the Landscape Character Appraisal where the following advice is provided:
Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons.
Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.23 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Rugged Coast, Undulating Lowland Plain Landscape Area: A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), E11 (Langness), F7 (Castletown and Ballasalla) and F8 (Poyll Vaaish and Scarlett Peninsula)
3.2 General Policy 3 sets out a presumption against development in the countryside but includes instances where provision of new development may be acceptable, including "(f) building and engineering operations which are essential for the conduct of agriculture or forestry." Further advice on agricultural development is provided as follows:
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.
4.1 The site has been subject to a number of applications for development. Planning approval was granted for the replacement of the existing house with a new agricultural worker's dwelling under 10/01060/B. This was not submitted by the current applicant who did not own the property at that time. That approval was not implemented. A subsequent application was submitted for the erection of a replacement dwelling - 17/00251/B.
4.2 That replacement house was approved without any agricultural occupancy condition.
4.3 Agricultural buildings have been approved here under 99/00378/B and 05/01695/B. REPRESENTATIONS - 5.1 Malew Parish Commissioners have no objection (03.04.19). ASSESSMENT - 6.1 In order for a new building to be considered acceptable here, it must be demonstrated that there is a real agricultural need for it. Unlike the assessment of need for a dwelling, animals have a need for shelter and storage of items associated with them and there are no alternatives given the condition, size and nature of the existing buildings on the site. In order for stock levels to be expanded, there needs to be corresponding expansion in floorspace and unlike the housing need assessment, the building needs to come before the animals to ensure adequate levels of welfare and storage space.
6.2 It is a pity that the applicant has not considered the opportunity of retaining the older buildings and their conversion to other uses. However, in deciding that the site should be given over to agriculture, it is important that there are adequate buildings to support this. The location of the proposed building is adjacent to an existing modern building and its siting will not result in the building having an unacceptable visual impact although it will be visible, as is the building alongside. CONCLUSION - 7.1 The proposal is considered to satisfy the provisions of the Development Plan and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 24.04.2019 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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