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Application No.: 24/00352/B Applicant: Murray Cringle Ltd Proposal: Erection of an agricultural building Site Address: Part Field 425317 The Friary Main Road Ballabeg Castletown Isle Of Man Planning Officer: Hamish Laird Photo Taken: 30.07.2024 Site Visit: 30.07.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.08.2024
C : Conditions for approval N : Notes attached to conditions
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.
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.
Reason: The building has been exceptionally approved solely to meet agricultural need and any subsequent retention including any foundations would result in an unwarranted intrusion in the countryside.
of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: For the avoidance of doubt and to ensure no harm to the dark skies This application has been recommended for approval for the following reason.
The application is considered to be acceptable in terms of the proposed agricultural use, its siting, scale, form and extent of development proposed in that it would have an acceptable impact on the character of the site and surroundings in this countryside location. It complies with the provisions of policies GP3 f), SP5, ENV1, ENV2, and ENV15 of the IOM Strategic Plan 2016 and is, therefore, recommended for an approval.
Plans/Drawings/Information;
The development shall be carried out in accordance with the submitted drawings and details in the planning application dated 22 March, 2024, unless otherwise stated. Such details are:
Location Plan - Showing site edged red, and Boundary of Farm complex edged blue @ scale 1:5,000; Proposed Site Plan @Scale 1:500; Drawing No. P7082-01 - Roof Plan and Elevations;
_______________________________________________________________ Interested Person Status – Additional Persons
None. _____________________________________________________________________________
1.0 THE SITE - 1.1 The site represents part of Field 425317 at The Friary, Main Road, Ballabeg, Castletown, which comprises of a group of farm buildings/barns with a detached farm house. The farm buildings sited closest to the road are stone built, slate-roofed, traditional 1 and 2storey in scale, structures, whilst the more modern farm buildings are sited to the rear of the these traditional buildings and are screened from views from the A7 road by them. None of the buildings on site are Registered and the site is not a scheduled monument despite having the remains of a Franciscan Friary dated 1373 on it. - 1.2 The farm and farm buildings are located on the west side of the A7 and are adjoined by fields to the north, south and west. The Friary Park housing estate lies opposite the farm building with its main entrance derived from the east side of the A7. The site lies in the countryside beyond the recognised settlement boundary for Ballabeg. It is also indicated as being a proposed Conservation Area on Map 6 Colby and Ballabeg in the Area Plan for the South (2013).
2.0 PROPOSAL - 2.1 The application seeks approval for the erection of a freestanding agricultural building and measures approx. 32.0m long x 22.0m wide and which has a 1.82m deep canopy attached to both of its east elevation. It stands approx. 6.0m to the ridge and 4.m high to the eaves. All measurements are approximate. The pitched roof would be of 'Cembrit' Natural Grey Profile 6R Fibre Cement Roof Sheeting with 21 No. GRP Rooflights contained at regular intervals along each roof slope (42 in total). It would be constructed from concrete panels at ground level with Tanalised, Spaced, Yorkshire Boarding above. The side elevations would be open-sided.
2.2 It is proposed to be sited to the rear (west) of an existing agricultural livestock building on an area marked on part of Field 425317, on a site marked on the OS Map as "Remains of Friary, Franciscan , Founded 1373". The applicant advises that the building would not be on the actual historic site of the Friary, which is shown as cross-hatched on plan with the site occupied by one of the more traditional stone built, slate-roofed, traditional farm buildings on the site. - 2.3 The application is supported by a completed 'Information required for Planning Permission for barns and/or further outbuildings or structures associated with agriculture' form, outlining the purpose and requirement for the extension to the existing agricultural shed. It advises:
3.0 PLANNING POLICY - 3.1 The site lies within an area zoned on the Area Plan for the South (2013) as 'white land' or land not zoned for development and therefore is not designated for any particular purpose. The collection of buildings is identified on the map. - 3.2 On the landscape plan the site is noted as 'Undulating Lowland Plain' and in the written statement accompanying the plans the site is defined as:
"Poyllvaaish and Scarlett Peninsula (F8)" The overall strategy should be to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites within the area. Key Views
3.3 The site is not within a Conservation Area, but within a proposed Conservation Area. None of the buildings on site are Registered Buildings. It is not in an area identified as being at flood risk. There are no defined registered trees or registered trees areas on the Govt maps. - 3.4 Appendix 5 of the Area Plan for the South (2013) advises of a "List of Registered Buildings and those buildings on the list for further investigation". In terms of buildings not yet researched by the Department, "7. Friary Farm" appears on this list. - 3.5 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. As the land is not zoned for development General Policy 3 would be applicable; - 3.6 Development will not be permitted outside of those areas which are zoned for development on the appropriate area plan with the exception of;
3.7 Spatial Policy 5 states;
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 and acceptable alternative.
3.9 Environment Policy 2 states: 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:
3.10 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 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 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."
4.0 PLANNING HISTORY - 4.1 20/00553/B - Erection of an agricultural workers dwelling with associated vehicular access. Approved - 29.07.2020. - 4.2 19/01077/A - Approval in Principle, for an agricultural workers dwelling addressing means of access. Approved - 19.11.2019 - 4.3 88/01271/B - Creation of silage pit, The Friary Ballabeg - Approved -1.1.94
5.1 Arbory and Rushen Commissioners (19/4/24) - SUPPORTS the application. - 5.2 DoI Highways (2/4/24) comments - "24/00352/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety,
6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. 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. - 6.2 Further to this policy, Environment Policy 15 also requires consideration, as the first paragraph of this policy requires the Planning Authority first to be satisfied that there is an agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside. - 6.3 To find whether the proposed barn would have a sufficient justification to comply with General Policy 3 and the first aspect of Environment Policy 15, the Authority notes that the applicant wishes to provide additional livestock accommodation to increase the size of the cattle herd and improve stock management (similar proposal to PA 24.00224.B - Erection of an extension to an existing agricultural building at Balladoole Farm, Castletown). The proposals would represent a significant investment in the current farming enterprise, and would make farming operations easier in terms of livestock care and welfare, and effective animal husbandry. - 6.4 From the Case Officers site visit on 30/7/24 and a discussion with the applicant, it is noted that currently the farm enterprise is based on 380 acres (153.8ha) of land, both owned and rented, of which 30 acres is sown with Barley. In terms of acreage, it is one of the larger farms on the Island. The farming operation is based around 260 beef cattle, and 160 sheep, with a view to increasing the number of cattle by 50-60 - hence the requirement for the new livestock building. The applicant advised that there would be a 30' (9.12m) gap between the existing modern structure and the new livestock building. This would enable tractors and machinery to run up and down between the two buildings and to serve them both in terms of feeding, cleaning out, and livestock welfare. It is noted that the existing stone built farm buildings are inaccessible to tractors, and if used are very labour intensive having to be 'hand managed'. - 6.5 The applicant advised that the existing dairy/sheep based agricultural enterprise employs 2 persons full-time, these persons being the applicant and his Father. The Department considers this enterprise is a full-time agricultural business. - 6.6 The applicant also advised that a lot of the details discussed at the time of the Case Officer's site visit are contained in the PA19/01077/A - Approval in Principle, for an agricultural workers dwelling addressing means of access, which was approved on 19.11.2019; and, PA20/00553/B for the erection of an agricultural workers dwelling with associated vehicular access, which follows on form the AIP permission and was approved on 29.07.2020. Both applications, are therefore, relatively recent (4 and 5 years ago). The dwelling has since been constructed and is occupied by the applicant. - 6.7 It is considered that the provision of an agricultural building for housing livestock is agriculturally justified and would allow this agricultural enterprise to develop and expand into the future.
6.8 Given these comments and the need/requirements for the building, it is considered the proposal would be acceptable in terms of General Policy 3 and the first aspect of Environment Policy 15. - 6.9 The next aspects of Environment Policy 15 which require consideration relate to the siting, size and design (materials & colour) of the proposed new building and whether it would be a sympathetic addition in the landscape and built environment of which it would form a part. - 6.10 The design, finish, form and scale is of a standard agricultural barn which is common throughout the Island. A condition should be attached requiring the 'Yorkshire Boarding' being painted and retained in a dark green colour to ensure the building blends with the existing Building and the countryside. - 6.11 The proposal, would be screened completely by existing farm buildings when viewed from the Main Road running through Ballabeg and by woodland to the north of the site. The new building, whilst sizeable, would not appear as a prominent feature in the landscape. Perhaps the best view of the proposal would be from the access road leading to the newly built farm dwelling serving the site which is occupied by the applicant and which runs along the southern boundary of the farm complex in a south-westerly direction. Therefore, the amount of built development apparent from the access road would only be slightly increased. It would also allow for observation of the farm building from the dwelling which would aid both site security, and animal husbandry. - 6.12 The proposal would be sited next to the existing group of buildings and would appear as an integral part of the main farm complex. Environment Policy 15 seeks to ensure development does not result in sporadic and isolated buildings in the countryside, and this siting is considered to achieve this objective. - 6.13 A number of Buildings on the farm holding that lie close to the application site are being investigated by the Department with a view to Registering them. These are the stone built structures and traditional farmhouse located close to Main Road, which includes the Scheduled Monument comprising The Friary. It is also noted that the existing farm is a working farm. The proposed design and siting of the new livestock shed is considered to be acceptable in terms of its potential impact on the character and setting of these traditional, stone-built farm buildings. The existing 'modern' livestock building on the site acts as a visual buffer between them. Consequently, there would be no impact on the character and setting of these traditional structures or The Friary arising from the proposed development. - 6.14 There are no objections to the proposed development in respect of highway safety and traffic generation or from a Biodiversity viewpoint.
7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and is, therefore, recommended for an approval. - 8.00 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 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: 06.08.2024 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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