DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01482/B Applicant: Jonathan And Diane Corlett Proposal: Extension to existing agricultural building Site Address: Lhergydhoo Farm Lhergydhoo Peel Isle Of Man IM5 2AE Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.03.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The extension hereby approved must be used only for agricultural purposes.

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.

This application has been recommended for approval for the following reason.

The application is considered to have an acceptable visual and amenity impact and to comply with General Policy 3(f) and Environment Policies 1, 2 and 15 of the Isle of Man Strategic Plan 2016 and in line with the Food Matters Business Development Strategy 2015-2025 and the Island Plan.

Plans/Drawings/Information; This approval relates to the following:

• o Site Plan
• o Location Plan
• o Site photographs
• o Proposed DWG No. P7196-01

• All date stamped received 23/01/2024

• o quote page date stamped 18/12/2023 and
• o Email and map from applicant date received 28/02/2024 _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The site relates to an existing farmholding on the outskirts of Peel known as Lhergydhoo Farm PROPOSAL - 2.1 Proposed is the erection of an extension to an existing agricultural building within the site. Proposed is the extension is to measure 9.14m x 18.28m adjoining the northern gable elevation. PLANNING HISTORY - 3.1 The original agricultural building to which the extension is to attach was approved under 14/00781/B. PLANNING POLICY - 4.1 The site is not designated for development on the 1982 Development Plan but is within an area of designated woodland and AHLV. The site is not recognised as being at any flood risk on recent maps nor within any Conservation Area. Given the nature of the proposal is it relevant to consider the following policies:

• o General Policy 3(f) - sets out exceptions to development in the countryside including
• operations essential for conduct of agriculture,
• o Environment Policy 15 - outlines the general design criteria for agricultural buildings being positioned as close to existing buildings as possible and being of appropriate scale and sympathetic to the landscape.
• o Environment Policies 1 and 2 - seek to protect the countryside for its own sake and from harmful and unwarranted development
• o Environment Policy 3 - no unacceptable harm to designated woodland

4.2 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly." - 4.3 A material consideration in this case is those parts of the Food Matters Business Development Strategy 2015-2025 that set out help support the continued growth of the local farming businesses.

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

5.1 German Parish Commissioners - no comments received as of 07/03/2024.

5.2 Department of Infrastructure Highway Services - do not oppose (02/02/2024). - 5.3 No responses from any neighbouring properties.

ASSESSMENT

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

• o The principle of the development
• o The visual or amenity impacts on the character and appearance of the countryside
• o Any impact on trees Principle

6.2 Lhergydhoo Farm is long established dairy farming operating around 220 acres and the proposal would allow the accommodation of up to another 30 cattle on site. There is a general presumption against new development in the countryside as set out in Environment Policy 1 and General Policy 3 of the Strategic Plan, however there are exceptions to this with respect of agricultural buildings as covered in GP3(f), and EP15 further requires there to be a satisfactory agricultural or horticultural need for new buildings so as to sufficiently outweigh the general policies against development and these buildings positioned as to best reduce spread of development. In this case there is an existing and long established farm business operating from the site and the proposal for an extension to the existing buildings to offer additional cow accommodation will align with GP3(f) and EP15 and will help support the continued growth of the business in line with Food Matters Business Development Strategy 2015-2025 and therefore the principle is considered to be acceptable. Visual and Amenity Impact - 6.3 There is already a cluster of existing agricultural buildings here and the proposal will directly adjoin this cluster, be read in connection with it and aligning with the principles sought by EP15. Whilst its very position will result in a small spread of development northwards, the development remains within the extent of the existing hardstanding area and with the backdrop of landscaping behind it so as to not breach any skyline. The level of development compared with the size and scale of the existing building, surrounding farm and scale of the holding is considered to be reasonable and not to result in any overbearing, dominant or unacceptable visual impacts to the wider countryside or AHLV landscape and so will remain protected from harm. Impact on Trees - 6.4 The proposal does not include any removal of any tree's and the site of works is shown and indicated to already be on an already cleared area already cleared area and so there is to be no tree's directed affected and no unacceptable adverse harm in this respect and in line with EP3.

CONCLUSION

7.1 The application has sufficiently demonstrated the agricultural need for the proposal which will contribute to the continued growth of the established farming business and this complies with GP3(f) and meets with the Food Matter Strategy of the Island Plan. The overall siting, design and appearance of the building is in keeping with the existing farm building and wider cluster and would not result in any adverse visual or unacceptable spread of development, and the distance from the neighbours limits any amenity impacts and so falls in line with EP15. There would be no break of the skyline due to the landscape behind and on a whole the proposal would not harm the overall countryside landscape.

7.2 For the above reasons the proposal is considered to have an acceptable impact and to comply with General Policy 3(f) and Environment Policies 1, 2 and 15 of the Isle of Man

• Strategic Plan 2016 and in line with the Food Matters Business Development Strategy 20152025 and the Island Plan.
• 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 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 above 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 08.03.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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