THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL BUT THE PROPOSAL IS NOT FULLY COMPLIANT WITH RELEVANT POLICY PROVISIONS IN THE DEVELOPMENT PLAN.
The Application Site
The application site is the curtilage of field number 114121 on the opposite side of the A17 from West Kimmeragh farm. It is accessed by a narrow un-surfaced farm lane between agricultural fields that runs approximately 220 metres from the A17. The site lies below an elevated mound amongst fields with grassed rolling hills. The surrounding fields appear to be used for the grazing of livestock.
The Proposal
Proposed is the erection of an agricultural building that would measure metres and have a maximum height of just less than 4.2 metres and would be used for machinery and general store and livestock and poultry. The proposed agricultural building will have a lean to roof and would be sited in the northwest quadrant of Field 114121 alongside the existing embankment, sod hedge and other natural vegetation.
The walls will be constructed from concrete blocks and rendered over. The roof will be constructed from corrugated galvanised sheeting with a green painted finish. Large timber sliding doors will be used to access with the proposed building.
The application site field has a significant boundary treatment comprising of sod embankments, hedging and natural vegetation that acts as screening to the site. The existing narrow lane access to the site from the A17 will be retained. The applicant expects a minimum of 3 vehicle movements up and down the lane most days for feeding but this number could be more depending on how long is spent on site.
The applicant's long term project is to be produce scientifically purer breeds of birds and sheep especially. The proposed building will help provide shelter for sick birds, provide cover for tractor repairs and their storage seeks to utilise the proposed
building in progressing their forward thinking scientific approach towards producing the purer breeds.
Planning History
The application site has been the subject of one previous planning applications that was approved and is considered specifically relevant to the assessment of this current planning application given the location and siting of the site:
PA 07/01871/B: Erection of a windmill
Planning Policy
In terms of land use designation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 the application site is designated as unzoned 'white land'.
The Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of this current planning application:
General Policy 3 states:
"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 (defined in Appendix 1) which contains a significant amount of building; where the continued use is redundant; where development 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 unacceptable alternative; and,
(h) Buildings or works required for the interpretation of the countryside, its wildlife or heritage."
Environment Policy 1 states:
"The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises al 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 overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable or acceptable alternative."
Environment Policy 14 states:
"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 other policies in this plan are complied with. This policy will be applied to:
(a) Land annotated as classes 1/2 on the Agricultural Land Use Capability Map; and,
(b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map."
Environment Policy 15 states:
"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 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."
Representations
Bride Parish Commissioners has no objection to the proposal.
Consultation
Department of Environment, Food & Agriculture (DEFA) have stated that the proposal could not support a full-time agricultural enterprise. With regards to the quality of soils present on the site, DEFA have said that the predominant soil class present as shown on the Agricultural Land Use Capability Map in 4/3 but there could also potentially be pockets of better quality 2/3 class soils on the site. With regards to 'national need', DEFA have advised that the proposal could support the production of locally produced eggs and table birds, both of which are considered to be under produced – the production of eggs in particular could help to fill a void in demand for locally produced eggs by local supermarkets.
Assessment
When determining any agricultural development within the countryside that is not zoned for development General Policy 3 paragraph F of the Isle of Man Strategic Plan 2007 is used to assess the application. 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. Further to this policy, the first paragraph of Environment Policy 15 requires 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.
To find whether the proposed cattle shed would have a sufficient justification to comply with General Policy 3 and the first aspect of Environment Policy 15, the
Planning Authority has contacted the Agricultural Advisor from the Department of Environment, Food and Agricultural (DEFA) for their comments.
The Agricultural Advisor has stated that currently the land area, within the application, extends to approximately 5.27 acres. The applicant wishes to expand his poultry flock along with establishing a sheep enterprise. The Advisor also indicates that the current enterprise has a total labour requirement of 0.16 standard labour units and the enterprise is not one that the Department would view as a full time agricultural business.
It has been identified that the applicant is a part-time agricultural enthusiast whose main purpose is to breed rare birds and livestock, who appears to have done extensive research in order to design the proposed building. Paragraph 7.13.4 of the Isle of Man Strategic Plan 2007 recognises the rising number of part-time farmers, and as such, this factor should not be held against the applicant in respect determining the 'need' for the proposed development.
The Advisors' next findings are based on the original submitted proposal for a two storey agricultural building with reference being made at the end of the report to the justification. The Advisor states that the proposed building is intended to provide 26m² for general storage of feed and eggs with 93.6m² allocated for stock, bedding, fodder and machinery storage. A further 26m² available in the second storey of the building (central section only) is intended for the roosting of the 300 rearing birds (guinea fowl) and potentially some laying birds. The proposed building would provide 6m² excess over what is proposed.
Although the applicant has no sheep at present it is the intention to bring these over from the UK as soon as the building is erected. The Agriculture Advisor states that the land area detailed would be capable of supporting approximately 15 breeding ewes, although this number could be increased with supplementary feeding or some further off site grazing. At present there appears to be limited watertight, secure storage currently available on the site for feed, machinery or sufficient shelter for lambing ewes. The provision of a building during lambing will assist in improving health and welfare of the lambing ewe and lambs. In conclusion, the Agriculture Advisor recognises that the erection of an agricultural building has merit and would aid the development of the agricultural activities on site. With regard to the original proposal for a two store building, the Advisor states that the second storey two storey section of the building will have some agricultural benefits but does not appear to be essential for the conduct of the agricultural activities proposed. The application was consequently amended to be for a single storey structure.
If the agricultural justification is accepted by committee it is necessary to consider the site specific impacts of the proposed development. In this regard it is necessary to take account of the provisions of Environment Policy 15. This policy states that 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 of. In this respect the proposed new building would be isolated and away from any other existing buildings and properties. However, given the siting is away from a main public thoroughfare and there is significant boundary treatment present and given the finish of the proposed building, the proposed development is not considered to cause an adverse visual impact on the open countryside and landscape.
ENVIRONMENT POLICY 1, ENVIRONMENT POLICY 2 AND ENVIRONMENT POLICY 14
The application site is located within an Area of High Landscape or Coastal Value and Scenic Significance and therefore within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that the development would not harm the character and quality of the landscape; or the location for the development is essential.
As the proposed new building is to be isolated and not forming part of an existing group of agricultural buildings it is considered that the location for development may warrant a reason refusal with the proposal representing unwarranted and sporadic development within the countryside. However, given that the application site can be accessed from an existing track road suggests that the application site and land surrounding the site was used for agricultural purposes before now. Although it is imperative to ensure that the Manx countryside is protected against unwarranted development, consideration should also be given to the provision of small scale enterprises that can promote healthy economic activity in rural areas. It is felt that the proposal the proposal may assist in the development of new agricultural produce on the island. It is now essential to consider the site specific impacts of the proposed development on the character and quality of the landscape.
Given the topography of the landscape and significant screening present, the proposed agricultural building would not be readily visible from a public thoroughfare and therefore is not considered to harm public amenity or have a detriment visual impact on those within the locality.
The proposed new agricultural building would be erected predominantly on soil class shown on the Agricultural Land Use Capability Map as 4/3 but there could also potentially be pockets of better quality 2/3 class soils on the site. The predominant soil class has been identified as 4/3 with only the potential of class 2/3 soils present on the site. Whilst it would be possible to identify the exact location of class 2/3 soils, it would be mostly time consuming and given that class 2/3 soils may potentially only be within the application site with the site being predominantly lower class soil and location of the proposal in the north west quadrant of the field, it is not thought that the proposed development would interrupt and affect the soil class of Field 114121.
The proposal may assist in the development of new agricultural produce on the island in the short to medium term future. However, it appears that it is the expertise of the applicant rather than the proposed building itself that is fundamental to the evolution of the niche agricultural activities, but it is recognised that the applicant cannot fulfil their agricultural goals without the proposed facilities. Subsequently, one must balance the potential longer benefits of the proposal to the island's agricultural industry against in potential invasive, detrimental impact on the countryside.
Recommendation
It is recommended that the planning application be permitted.
Party Status
The local authority, Bride Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 18.10.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval for the erection of an agricultural building relates to DRAWING No:- PC/1/12 Revisions: Amended design as requested by Planning Dept in letter dated 4th September 2012 date stamped 12th September 2012
C 3. The proposed building hereby approved should it no longer be required further for the permitted purpose should be removed.
C 4. All vehicles and materials shall be stored inside the building.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
