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1900292 DRAFT
Mr Martin Wainberg Mount Karrin, Sulby Glen, Isle of Man Approval in principle for an agricultural dwelling, replacement agricultural building, small farm storage shed and agricultural track.
(To be read in conjunction with the report "Current Applicant's response to issues raised by Inspector C A Jenkins when he rejected the previous application on 20th November 1996)
15 MAY 2019
This report has been prepared by Caroline Perry of Island Land - Based Services Limited. I have an Honours Degree in Agriculture Science from Nottingham University and am a Member of the BASIS Professional Registry.
After leaving University I worked for Laurence Gould Consultants and Carter Jonas Chartered Surveyors in the UK. Much of this work involved provision of a full farm management service on behalf of private and institutional clients.
Since 1993 I have provided technical and financial advice to the agriculture industry on the Isle of Man. Firstly as an agricultural adviser for DAFF and then in 2005 I set up my own company Island Land - Based Services Limited.
Much of this work involves advising farmers on capital investments and the likely implications it will have on the farming business.
I currently work for farmers, agricultural and public sector organisations and Government Departments in the Isle of Man.
Introduction
This planning application is for approval in principle for the construction of an agricultural dwelling, replacement agricultural building, small farm storage shed and agricultural track. Mr Martin Wainberg purchased the farm in 2010 and agricultural business in early 2012. Copies of the deeds providing evidence that Mr Wainberg has purchased the farm have already been provided to the Planning Division.
This report is to explain why the proposed development is essential to the conduct of agriculture and that it does constitute an exception to warrant the setting aside of established planning policy aimed at protecting the countryside from unwarranted development.
Planning History
Planning Application: 11/01294/A - Approval in principle for the erection of an agricultural dwelling. This application was refused with the reason given as "It is not accepted that there is currently sufficient agricultural justification for the proposed dwelling to satisfy the requirement in the Strategic Plan for such development to be 'essential' and to demonstrate real agricultural need". This new application will explain the agricultural justification and that the development is essential to managing the farm responsibly and with regard to the environment.
The Farm
The farm extends to 419 acres of which 80 acres can be cultivated for crops and temporary grassland and historically has been divided into small fields suitable for managing livestock enterprises. The remaining 339 acres which DEFA have classified as rough grazing covers the area to the west of the Sulby Glen road at 60 metres above sea level to the top of Mount Karrin at 330 metres above sea level.
The land which can be cultivated has a land use capability of 3, is classified as free draining stony upland with a soil texture of stony silty loam. The remaining acres are classified as "Snaefell uplands" for agricultural use and capability.
The farm has been used for livestock production for many centuries with evidence of fairly intensive agricultural production having taken place. More recently the farm has been used for livestock production on a more extensive system. Unfortunately this has resulted in a deterioration of the field boundaries, buildings and serious encroachment of unwanted vegetation including large
areas of gorse and bracken. This has not only restricted farming but also will have contributed to the lack of wildlife biodiversity.
Mr Wainberg is now trying to restore the farm into one which is economically viable, provides labour for local people and enhances the wildlife biodiversity. This work has already started with restoration of the traditional stone walls, removal of encroaching gorse; stock fencing and plans for the removal of the large areas of bracken. Bracken should be controlled because it is highly competitive with grass, and as it spreads the grass is shaded out. In the summer, the bracken restricts access to grass by stock and hosts stock pests such as ticks, and vermin. All parts of the plant contain carcinogens, including the wind-blown spores, so there are concerns about its spread into important watersheds for potable resources. It can also be poisonous to livestock if eaten in large quantities.
Chris Kneale's letter of 3rd February 2012 states "currently the land is leased out to a farm business that operates Mount Karrin Farm in conjunction with a number of other sites" and he also makes comment that the business is intending to establish itself as a new business. In actual fact, Mr Wainberg had actually taken over the existing farm business and is continuing to run it in a similar way as the previous farmer but making substantial improvements to it in conjunction with the relevant Government Departments on the Isle of Man. The existing farm business had been run in the same way for the previous six years.
Andrew MacDonald, SAC Senior Agricultural Adviser has produced budgets for Mount Karrin which show that currently the farm is profitable but the profitability could more than double once the planned improvements are completed. Chris Kneale, DEFA Agricultural Adviser has concluded (letter dated 3rd February 2012) that the "The financial budgets submitted with the application demonstrate that the systems do generate a small profit but take no account of a charge for labour. I would not expect this to be too dissimilar for other units of a similar size and nature".
DEFA currently do subsidise agricultural businesses on the Isle of Man as it is recognised that the prices for farm outputs are below that required to maintain a sustainable agricultural industry. The subsidy payments are now based on individual historical subsidies with a transition to straight acreage payments. Once the transitional period has commenced in 2014, the farm will be in receipt of larger subsidy payments and by 2018 subsidy could be over £9500 higher than that shown in the budgets. The farm should then be profitable even when employing a full time working farm manager.
Both Andrew MacDonald and Chris Kneale state that currently the enterprises on the farm require more than one standard labour unit and, after improvements are done to the farm, 1.3 standard labour units are required.
Chris Kneale has also calculated the standard labour units of the livestock enterprises separately as well (see points 11 and 12 in his letter), and so has concluded that one standard labour unit would not be achieved until improvements had been made. This is a very unusual way to ascertain the standard labour units of a farm as to arrive at a total, livestock enterprises as well as management of crops, grass and rough grazing need to be calculated as shown on the Worksheet for calculation of Standard Labour unit requirements attached to Chris Kneale's letter.
The proposal is to site this on the flat area of land to the west of the Sulby Glen Road adjacent to the existing agricultural building.
Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.
The proposed agricultural dwelling is for a full time working farm manager. DEFA have provided evidence that the farm can justify a full time person and that the farm is viable.
Housing Policy 9: Where permission is granted for an agricultural dwelling, the dwelling must be sited such that (a) it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm. (b) it is well set back from any public highway (c) it is approached via the existing farm access.
The proposed dwelling meets these three requirements of the Policy.
The siting of the dwelling will have a very low visual impact on the surrounding area as already demonstrated by the low impact the existing agriculture building has.
The site is towards the northern part of the farm but unfortunately a dwelling in the middle of the holding would visually be unacceptable. However, the fields at the top of the farm are easily accessible by a ten minute walk up the existing track and the remainder of the farm will be accessible if planning approval is given for the additional track. It should also be noted that the area of land by the site of the proposed dwelling used to be divided into small paddocks for managing livestock as can be seen by the remains of old field boundaries.
The proposed dwelling is for a full time working farm manager. It is recognised that to attract a local person with the skills and experience required for this type of farm, suitable family accommodation on the farm is essential.
In addition, accommodation on the farm is required to enable the stock to be managed in accordance with the both the Countryside Care Scheme Cross Compliance Standards and Farm Assurance Standards which both state that livestock must be managed in accordance with the Welfare Codes. In this case DEFA's Welfare Code for Sheep. This is especially the case during lambing.
Another major benefit of actually living on the farm would ensure greater Biosecurity. This is essential to avoid the transmission of animal diseases. Currently by travelling on a daily basis from somewhere away from the farm to look after stock increases the risk of disease transmission including TB.
During periods of time when there are livestock movement restrictions in place this would make the current farming system almost unmanageable and could cause major welfare concerns.
To meet health and safety legislation, facilities need to be provided for hygiene purposes in addition to those required in case of accidents on the farm. Additionally it is not practical or responsible to be travelling on roads frequently at night to inspect livestock which is what currently does happen. It has been noticed that many owners of off-road vehicles enjoy practicing their skills around Mount Karrin and unfortunately not all are as responsible as they should be. Without someone living on site, gates let open or fences driven through could result in livestock ending up on the roads or worse.
The planning officer's report for the application 11/01295/A dated 28th March 2012 comments on "why the dwelling is required now if the farm is already being managed and where the current or intended farmer presently lives and why this is no longer acceptable".
It was actually recognised by previous owners of the farm that a dwelling is required and an application was actually submitted in 1995 but was refused. So the predicament that Mr Wainberg now finds himself in is because the planning division did not recognise the need for a dewing 7 years ago.
Mr Wainberg has shown his commitment to the farm by having made substantial investments already and provided a lot of work to local businesses.
The second part of the planning application is for a 18.3 metres x 12.2 metres (60 foot x 40 foot) replacement agricultural building which is required to ensure all necessary legislation and agricultural codes of practice can be adhered to.
The original building was situated close to the main farm track in Field:134609 and unfortunately collapsed after heavy snow fell at Mount Karrin in 2010.
This replacement building will provide immediate stock housing when required in bad weather and at lambing as it is situated adjacent to the flat fields at the top of the farm where lambing will generally take place.
One of the requirements of selling lambs to the Isle of Man Fat stock Marketing Association Limited is that farms have to be "Farm Assured". The following are some of the standards which are required to become farm assured:
In addition to Farm Assurance standards, sheep producers have to adhere to DEFA's Welfare Code for Sheep which is based on the five freedoms. The recommendations in the Code help producers meet the requirements of the Animal Health Act and Welfare of Farm Animals Order.
The following are the recommendations in the Code which would be very difficult to adhere to without housing close to the flatter fields at the top of the farm:
Biosecurity is another essential component of managing a sheep flock. To ensure biosecurity is maximised requires farmers having the ability to isolate sheep that are brought onto the farm for a period of time to ensure they are not suffering or are carriers of any diseases as well as facilities for segregating sick animals. The existing building at Mount Karrin is ideally suited for this if the replacement building can be used for other stock.
The existing building will also be used for storing machinery, fertilisers, medicines (which need to be in a locked impervious cabinet) and other items where security is essential.
(i) The proposal is to erect a small 6 metres x 6 metres (20ft x 20ft) shed to provide stock shelter in Field:132504 to replace the one which collapsed in Field:132590. During periods of very wet or wintry conditions there is not enough shelter for livestock. This replacement shed will be ideally suited as stock can be driven down the track straight to the shelter.
(ii) The proposed second stock shelter is to be situated in Field: 135051. It would be only 4.5 metres x 4.5 metres (15ft x 15ft) but is essential to provide shelter for sheep during winter storms and heavy snow. By situating it Field: 135051 will ensure livestock grazing at the southern end of the farm will be catered for.
There is currently good access to the top of the farm but the large area of steep ground stretching from north to south on the western part of the farm is currently very inaccessible even by foot. The proposed farm track would enable the farm to be run more efficiently and provide essential supervision for stock when required and for the removal of fallen stock which is now a legal requirement. Follow up control of bracken and other noxious weeds which will be required would not be feasible without tracks. In the case of medical emergencies, the tracks would also provide better access for the emergency services and could be utilised as fire breaks in dry weather.
The plan is to construct a fence the full length of the farms western boundary. A stockproof boundary fence is required firstly to ensure that sheep do not wander onto the road from the farm but equally important to stop neighbouring sheep coming onto Mount Karrin. The main reason for this is biosecurity and reducing the spread of sheep scab and other notifiable diseases and to make sure that ewes are tupped by the right rams. As the ground is very steep next to the Sulby Glen Road some areas will require levelling and made safe prior to the fence being erected. Planning is sought due to the fact that some soil movement will have to take place.
The applicant has indicated that he has no problem with conditions being placed on the proposed dwelling, buildings, stock shelters and tracks and will be willing to plant trees or enhance the environment if required.
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