DEC Officer Report

Application No.: 19/00926/B Applicant: Mr James Allison Proposal: Erection of an agricultural building to provide a livestock shelter Site Address: Part Field 624105 Hibernia Back Road Maughold Isle Of Man Planning Officer: Mr Nick Salt Site Visit: 11.09.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.09.2019 _________________________________________________________________

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. The roof of the building shall be finished in natural slate.

Reason: To ensure that the building retains the appearance of a traditional bothy and blends in to the countryside.

• C 3. The elevations of the building shall be finished in natural stone.

Reason: To ensure that the building retains the appearance of a traditional bothy and blends in to the countryside.

• C 4. The window on the building shall be installed with a timber frame and retained as such thereafter. Reason: To ensure that the building retains the appearance of a traditional bothy.
• C 5. The entrance door on the building shall be timber and retained as such thereafter. Reason: To ensure that the building retains the appearance of a traditional bothy.
• C 6. The building hereby approved shall not be used for any permanent residence or for the storage of any goods unrelated to the operation of agriculture on the land.

Reason: To ensure that the building use is related to agricultural purposes only.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on20th August 2019:

• o Photographs of site x2
• o Aerial Location Plan and Field Layout
• o Elevations and floor plans
• o Location Plan
• o Site Plan _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is part of Field 624105, off Rhowin Road, Hibernia, Maughold. This part of the Island is characterised by open fields and small copses surrounded by hilly areas of varying gradations. - 1.2 While the views from the application site are expansive, with the northeast coast of the Island readily visible, viewing the site from publicly accessible areas is almost impossible given its secluded and relatively low-lying nature, but also the mature conifers immediately to the south of the proposed building. There is a larger agricultural building sited in the corner of the field, with dimensions of 18.5 by 9.3m; 4.5m in height to the eaves and 5.9m in height to the roof apex. The building is modern (approved via 13/00913/B) and finished in concrete with plastic sheeting.

2.0 THE PROPOSAL - 2.1 This proposal is for a small 'bothy' 19m to the north of the existing agricultural building in the field, adjacent to the boundary. The building would have the appearance traditional bothy (shelter) from the front, finished in traditional stone, with the other elevations 'rendered to simulate stone' and a slate roof with a chimney. It would be small, featuring a single room with fireplace and a single 1x1m window and a door. Total floor space (measured externally) would be 11.2m2. The ridge height of the bothy would be 3m from the ground. - 2.2 As means of justification, the applicant has provided details of the farm and reasoning for the bothy. The farm is a total of 32 acres, on which 48 sheep (inc. ewes and lambs, and 1 tup) and 3 beef cattle are currently raised. The existing barn on the site is used for housing the sheep and lambing during lambing season. The applicant states that the bothy is needed for when the weather gets bad and there is a requirement to stay with the animals (applicants home address is Andreas). The bothy would provide a small space to dry off clothes etc.

3.0 PLANNING HISTORY - 3.1 As aforementioned in this report, planning approval was granted for a large agricultural barn on the site (13/00913/B). Prior to this, there was no built development in the immediate area.

4.0 PLANNING POLICY - 4.1 The site is designated as white land (not zoned for development) by the Isle of Man Development Scheme (Development Plan) Order 1982, and also as being within an Area of High Landscape or Coastal Value and Scenic Significance. - 4.2 The relevant extracts of General Policy 3 reads: 'Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

f) Building and engineering operations which are essential for the conduct of agriculture or forestry'.

4.3 Environment Policy 1 reads in full: 'The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all 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 over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative'. - 4.4 Environment Policy 15 reads in part: '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...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...'

5.0 REPRESENTATIONS - 5.1 DoI Highway Services have confirmed that there is no highways interest in this application. - 5.2 Garff Commissioners have no objections to the application (10.09.19).

6.0 ASSESSMENT - 6.1 The key considerations in the assessment of this application are:

• o The principle of and agricultural justification for the building;
• o Visual impact on the wider countryside.

6.2 The principle of and agricultural justification for the building

• 6.2.1 In planning policy terms, the Strategic Plan Environment Policies 1 and 15 are key to the assessment of the acceptability of the agricultural building in principle. General Policy 3 also provides a backdrop to EP15 by restricting development in the countryside other than in exceptional circumstances - the relevant one being operations "essential for the conduct of agriculture." EP15 goes into further detail about the 'agricultural need' for a new building sufficient to outweigh GP3's general presumption against countryside development.
• 6.2.2 The reasons provided by the applicant are that the bothy would be used to dry off clothes and warm up when tending to his sheep, particularly during any severe winter weather and during lambing when there is a need to stay with the livestock. The existing agricultural

• shed and surrounding fields are in another part of the Island from where the applicant/farmer resides (approximately 15-20 min drive). The applicant has stated that he lambs in March, requiring the ewes to be checked on a regular basis from the end of February till they have all lambed - every 4 hours. During severe weather the bothy would be used to get warm and dry clothes to enable them to stay there for extended periods reducing the need for travel. The use of the existing barn was suggested however it would not have the capacity for a fireplace.
• 6.2.3 Generally, farmed land is situated adjacent to or within close proximity to a farmhouse. As this is not the case here, and given the travel distances between the livestock and the farmer, it is considered that an exception could be made to such a building in principle. It is considered that the bothy would allow the farmer to tend to their livestock in future years where otherwise aging and poor health may result in an inability to consistently travel to check on ewes etc. It is accepted that there is some agricultural need for facilities for the farmer on the site.

6.3 Visual impact on the wider countryside

• 6.3.1 Where sufficient agricultural need is demonstrated, EP15 goes into further detail on the requirements in terms of siting and size/material used etc. Key here, is that buildings should be sited as close as possible to existing buildings if any. The proposed bothy would be sited 19 metres to the north of the existing shed on the site, and close to the field boundary which is marked by tall hedging and fencing, with mature trees behind. In terms of siting therefore, the proposed bothy is in potentially the most screened location practically possible within the field, while still allowing for adequate manoeuvring into the large shed area.
• 6.3.2 In terms of size, the bothy is very small for an agricultural building, by virtue of its need for provide facilities for 1-2 farm workers at a time. There is no requirement for such a building to be overly large, and traditional bothy's tend to be small with a cottage appearance. This is reflected not only in the 11.2m2 floor space but also the traditional low-key design with a stone front elevation, slate roof and small chimney. Furthermore, the use of natural slate and stone would assist in blending such a building into its landscape. The large agricultural shed adjacent would remain a much more visible structure in the area.
• 6.3.3 Given the above, the low profile of the proposed building and its siting, it is not considered that the building would be visible from public vantage points or unacceptable for the area. In respect of its likely visual impact, the bothy would accord with Environment Policy 1 as it is considered that it is not development which would adversely affect the countryside. The bothy would have a reduced impact if completely finished in stone: a condition is recommended in this respect and the applicant has confirmed that he is happy with this.

- 7.0 CONCLUSION

7.1 In summary, the proposal is considered acceptable in terms of both agricultural need and visual impact and broadly accords with the aforementioned policies of the Strategic Plan. The application is therefore recommended for approval. - 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 decision maker 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 27.09.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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