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Application No.: 24/00709/B Applicant: Mr Ian Harland Proposal: Erection of a replacement multi-purpose agricultural building Site Address: Field 124768 Farrants Fort St Judes Isle Of Man IM7 2EN Principal Planner: Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 02.08.2024
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 its subsequent retention would result in an unwarranted intrusion in the countryside.
Reason: The countryside is protected from development and to prevent a proliferation of development and a reason to allow the new barn was due to its replacement of the existing.
Reason: No permission is sought for any extension to the residential curtilage of Farrant's Fort and as such has not been considered as part of the planning application.
Reason: In the interest of the protection of existing trees proposed to be retained and in the interests of the character and appearance of the countryside.
This application has been recommended for approval for the following reason.
It is considered the need for the new barn to replace an existing of a similar size is acceptable; whilst also not adversely affecting the countryside/landscaping; and having no impact upon the trees in the area. The proposal therefore complies with Environment Policy 1, 3, 4 & 15 and General Policy 3 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 26.06.2024 Location Plan
Additional Persons
None _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.1 The application site represents the curtilage of Farrant's Fort which is an existing large traditional (although built in recent decades) Manx farmhouse style with five uppers windows over a central doorway which is flanked with two windows either side. The detached dwelling is situated at the northern side of the Jurby Road, west of the Bernahara Road and is easts of St Jude's Crossroads. The dwelling is setback a distance from the main road and is partially screened due to mature trees/landscaping between the site and the Jurby Road. - 1.2 To the rear of the dwelling (northwest) is an "L-shaped" traditional Manx stone barn and beyond and immediately to the north is a modern portal steel frame agricultural barn with a leanto stoned wall barn attached. These buildings are well screen from the Jurby Road, being to the northwest of the main dwelling house and the mature landscaping along the southern and western boundaries of the site and between the site and the Jurby Road, namely a mature hedgerow which runs along the northern section of the Jurby Road. The main dwelling is partially apparent from the Bernahara Road to the east of the site, albeit Manx sod banks and landscaping does recue its distance appearance. The barns are screened from view given their siting behind the main dwelling house. - 1.3 The main access to the site is via a private access/driveway which directly accesses onto the Jurby Road and runs in a north westerly direction for an approximately 100+metres towards the Farrant's Fort holding (building outlined above). - 1.4 To the northeast of the Farrant's Fort holding is Field Nr 124768 which is approximately
1.12 hectares in area. This field is of particular interest. It is generally flat in nature with mature hedgerows forming the boundaries of the field and mature trees along the south west and northwest boundaries of the field as well.
1.5 The applicants also own fields Nr 124022, 124021, 122612 and 122575 which surround the Farrant's Fort holding. The total holding associated with the site is 6.39 hectares in size.
2.1 The application seeks approval for the erection of a replacement multi-purpose agricultural building. The proposal would result in the existing portal steel framed barn and attached stone barn would be demolished. - 2.2 The proposed barn (9.5m x 20.5m x 6.7m - 197sqm) would replace the existing barn (steel framed barn - 8.9m x 18.2m x 4.6 and lean-to stone attached barn - 4.6m x 14.8m x 3.7m
2.3 The applicants comment that the reasons for the new barn (which would result in the demolition of the existing portal steel barn) are; "The existing agricultural shed sits adjacent to redundant agricultural buildings in the form of stone barns.
2.4 In terms of the justification of the barn and size the applicants have indicated; "Purpose of proposed building
3.1 The application site is partially within an area of "Woodland" namely the holding and driveway, whereas Field Nr 124768 is not designated for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor is the site within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 General Policy 3 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:
3.3 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 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."
3.4 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and seminatural woodlands, which have public amenity or conservation value." - 3.5 Environment Policy 4 states: "Development will not be permitted which would adversely affect:
3.6 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."
4.1 The following planning applications are considered relevant in the determination of the application; - 4.2 Conversion of barn and erection of double garage extension to provide ancillary and tourist accommodation - 24/00708/B - PENDING CONSIDERATION - 4.3 Erection of 54 ground-mounted photo-voltaic panels (retrospective) - 24/00710/B PENDING CONSIDERATION
5.1 Highway Services do not object commenting (09.07.2024); "Highway Services HDC have reviewed the updated information for planning application 24/00709/B dated 8 Jul 2024 online and have no further comments to make."
5.2 The Arboricultural Officer (DEFA) commented (18.07.2024); "I visited the site this morning. All tree removal indicated on the proposed site plan has already taken place under a licence issued under the TPA in 2021. The tree removal took place in order to improve the growing conditions for a retained beech and oak tree and was a positive management step for the trees on site. The proposal is highly unlikely to have a detrimental impact on nearby trees, however, I recommend a tree protection plan is sought via a pre commencement condition in order to protect the trees throughout the construction process." - 6.0 ASSESSMENT
6.1 The key issues for this proposal are; principle of development, whether there is an agricultural/horticultural need for the proposed buildings, the impact to the rural character of the site and the wider countryside and potential tree impacts. The principle of the development
6.2 As outlined by Environment Policy 15 the Department must be satisfied that there is agricultural or horticultural need for a new building/s to outweigh the general policy against development in the countryside.
6.3 The applicants have outline the reasons for the new barn, its size and it new location. One reason being directly connected to planning application 24/00708/B for the conversion of the existing Manx stone barns for ancillary and tourist accommodation. Accordingly, if that application where refused, then this would lessen the justification and need for the new barn/new location. If approved, then this would potentially increase the justification. However, putting this element to one side it is noted the proposed barn is of a similar size in terms of scale, floor area and overall size of the barn that currently exists and is proposed to be demolition (should be conditioned). Accordingly, this ways in favour of the development. - 6.4 While the operation is not connected to a full time farm holding, the policy does not require it to be. The existing agricultural uses outlined by the applicant that occurs on the site and the level of equipment the applicant owns and uses for the agricultural uses/maintenance of the site, would seem to support the building of this size and design. Accordingly, the principle of the proposed barn on this site is acceptable and the justification and sufficient to outweigh the general policy against development in the countryside and therefore comply with General Policy 3 and Environment Policy 15. However, other material considerations as outlined in paragraph 6.1 also need to be considered. The impact to the rural character of the site and the wider countryside - 6.5 The site is setback from the Jurby Road and with mature landscaping to the site boundaries and within neighbouring fields/roadside boundaries. However, there will be potential views from the Bernahara Road to the southeast of the site; albeit these would be more distant views (approx. 200+m). The roadside boundaries along Bernahara Road are made up of Manx sod banks with vegetation (hedgerows/trees) above in places which would reduce the appearance of the barn. If the barn is apparent it would likely only be the upper section of the barn being apparent. However; given the distance from public viewpoint from the barn, existing landscaping and the design/finish of the barn, it is not considered the barn would have a significant adverse visual impact to warrant a refusal. If apparent it would appear as an agricultural barn which is not a unique or out of keeping building in this location/countryside setting. Accordingly, the proposals from this perspective would comply with EP15. - 6.6 Accordingly; it is considered the visual impact of the proposals would be sufficiently mitigated and would not adversely affect the countryside, complying with EP1 and EP15. Potential tree impacts - 6.7 Within and nearby boundaries there are a number of large mature trees. However, comments made by the Forestry, Amenity and Lands Directorate give comfort that there would be no detrimental impact to the rooting area of the trees.
7.1 Overall, it is considered the need for the new barn to replace an existing of a similar size is acceptable; whilst also not adversely affecting the countryside/landscaping; and having no impact upon the trees in the area. The proposal therefore complies with Environment Policy 1, 3,
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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 19.08.2024
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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