DEC Officer Report

Application No.: 19/00435/B Applicant: Jane Caroline Shepherd Proposal: Erection of building for the storage and sale of Manx Loaghtan wool products Site Address: Ballacosnahan Farm Patrick Road Patrick Village Isle Of Man IM5 3AW Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.07.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. In the event that it is no longer used or required for agricultural purposes or for the operation of the wool business the building hereby approved shall be removed and the ground restored to its former condition within 3 months of the use ceasing.

Reason: The building has been exceptionally approved solely to meet need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C 3. The building must be used only for the storage and sale of products produced on the Ballacosnahan Farm holding or for ancillary agricultural purposes relating to the Ballacosnahan Farm holding.

Reason: The countryside is protected from development and an exception is being made on the basis of need. As such the building must be used for the purposes for which it is approved.

Plans/Drawings/Information;

This approval relates to site location plan, drawing number G [1] Rev A and 43038c, and drawing titled 'Wool Shed' all date stamped and received 11/04/2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site forms a part of the wider Ballacosnahan Farm, an established farm holding located to the south of the A30 Patrick Road. - 1.2 Ballcosnahan Farm is occupied by a number of agricultural outbuildings, a dwelling and an existing derelict farmhouse. The site is accessed via a long lane that also serves a property called The Vicarage which is located over 250 metres north west of the application site.

2.0 THE PROPOSAL - 2.1 This current planning application seeks approval for the erection of a small single storey timber shed 9m x 5.5m with eaves level of 2.7m. The proposed building is to sit within the central core yard of the site and adjacent to the existing farm buildings. The building is to have two windows and double access doors on one side elevation. - 2.2 The proposed building is to support the Loaghtan Wool business which operates from the site, the shed is to facilitate an area for the packing and distribution of the wool products worldwide and also provide an onsite display area for the sale of products to customers.

3.0 PLANNING HISTORY - 3.1 Ballacosnahan Farm has been the subject of a number of previous planning applications which have been listed below:

• o PA 15/00361/B - Erection of an agricultural dwelling - Approved
• o PA 09/00261/B - Relocation of existing agricultural building, construction of access road and removal and planting of replacement trees - Approved
• o PA 87/01485/B - Construction of conservatory - Approved
• o PA 86/00002/B - Extension to form additional living accommodation - Approved

- 4.0 PLANNING POLICY

4.1 The application site is within an area not designated for development on the 1982 Development Plan. The site also lies within an area of Woodland and wider Area of High Landscape or Coastal Value and Scenic Significance (AHLV). Given the nature of the proposal and the site designation it most relevant to consider the following policies of the Isle of Man Strategic Plan 2016 in the assessment of the current application: - 4.2 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:

• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

4.3 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:

• (a) the development would not harm the character and quality of the landscape; or

• (b) the location for the development is essential."

4.4 Environment Policy 3:

"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

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 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 is it 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".

4.6 Environment Policy 18:

"Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Patrick Parish Commissioners stated no objection to the current planning application (17/05/2019). Further correspondence was received from the Commissioners requesting a deferral however on review this deferral related to a different site PA 19/00379/B and thus not relevant in this case. - 5.2 The Department of Infrastructure Highway Services - DNO- do not oppose the current planning application (16/05/2019)

• There are no changes proposed to the existing access arrangements and there is sufficient off street parking within the farm site to accommodate traffic relating to the proposal (staff and customers). There are no new highway safety issues expected as a result of the proposal.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• (i) the principle of the development; (ii) the visual impact of the proposed development on the character and appearance of the countryside and AHLV in terms of siting, design, size and finish and (iii) the impact on the designated woodland.

THE PRINCIPLE OF THE DEVELOPMENT

6.2 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as set out in General Policy 3 of the Strategic Plan. There

• are exceptions to this presumption with respect to agricultural buildings and building for the interpretation of the countryside, its wildlife or heritage GP3 (f) and (h).
• 6.3 As previously identified EP 15 the Department needs to be satisfied that there is agricultural or horticultural need for a new building to sufficient to outweigh the general policy against development in the countryside, and ensuring no loss in local amenity, no loss of high quality agricultural land and no impact on highways.
• 6.4 In this case the application seeks approval for the erection of a small timber building to facilitate the operation of an established Manx loaghtan wool business that produces a wool product on site and which is also packaged on site, sold and shipped globally, and which offers an interpretation the Islands current farming industry, the Manx countryside and the Islands farming heritage. The proposed timber shed is to be located within an existing and well established 200 acre farm holding and which has a growing flock of 200+ loaghtans. The principle of the proposal is considered to meet the tests of General Policy 3 (f).
• 6.5 Environment Policy 18 refers to the ancillary sale of produce which is grown on site which is the situation in this case, as such the implementation and assessment of the application based on the general retail polices is not necessary. THE VISUAL IMPACT
• 6.6 The proposed building is fairly modest in size and not considered to be out of keeping within general character of this farm setting. Its positioning within the existing cluster of farm buildings also helps to reduce the spread of development across the countryside and AHLV. The proposal is this respect is considered to meet the tests of both EP 2 and EP 15. IMPACT ON WOODLAND
• 6.7 The building is positioned within the central circulation area of the farm holding, there are a number of trees forming a row around 6m north and between the proposed shed and existing farm dwelling. The majority of the woodland sits towards the southern side of the farm holding and along either side of the access lane. The proposal does not include the removal of any trees and given the distance and small scale of the timber shed it's not expected that its development would result in any unacceptable loss of trees or result in any harm to the designated woodland area. The proposal is considered to meet the tests of EP3.

- 7.0 CONCLUSION

7.1 In light of the favourable findings for the proposal, it is considered that the application be approved subject to conditions relating to the restrictions of the products sold from the site and the removal of the building should it no longer be required. - 8.0 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The Planning Committee must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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 : 19.07.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.