Officer Report

Application No.: 24/00769/B Applicant: Mr Brian Lee Cain Proposal: Erection of agricultural shed Site Address: Trollaby Farm Trollaby Lane Union Mills Isle Of Man IM4 4AW Planning Officer: Lucy Kinrade Photo Taken: 24.10.2024 Site Visit: 24.10.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.12.2025 _________________________________________________________________

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 building hereby approved shall be for agricultural use only.

Reason: The application has been assessed on agricultural use only in the interest of justified need and in the interest of protecting the countryside from unwarranted development.

• C 3. In the event that the agricultural buildings hereby approved is no longer used for agricultural purposes for a period exceeding 12 months, the building shall be removed (including any foundations or hardstanding) and the ground restored to its former condition within 6 months of the date the use ceased.

Reason: The building has been exceptionally approved solely to meet agricultural need and any subsequent retention including of any foundations would result in an unwarranted intrusion in the countryside.

• C 4. Prior to the first use of the building hereby approved, the external elevations and roof shall be finished in full accordance with drawing number P7216-01 Proposed New Agricultural Building (date stamped and received 28 Jun 2024) and retained as such thereafter.

Reason: To ensure the palette of materials matches that as approved and as assessed in the interest of character and appearance of the site and surroundings, and on the basis of the buildings outlined agricultural need for cattle housing.

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

The proposal is acceptable in principle, with agricultural need meeting with General Policy 3(f) and aligning with the Food Matters Strategy, contributing to the overall growth of the established farming business. While the siting of the works will extend the built form into an open field and will create some adverse visual impact from public view contrary to Environment Policy 1 and Environment Policy 15, this harm is outweighed by the agricultural need justified in this case. The overall design is typical of an agricultural building and in keeping with the overall character and appearance of the existing farm group, and due to the distance there are no expected impacts on neighbouring amenity, trees, or public footpaths so as to conflict with General Policy 2(g) or Recreation Policy 5 of the IOM Strategic Plan 2016 and is considered acceptable. Conditions will be added to limit the use to agriculture only, require external materials to accord with the approved plans, and require the buildings removal including any hardstanding in the event its no longer needed or used for agricultural purposes.

Plans/Drawings/Information; This approval relates to:

• o Site photos
• o P7216-01 Proposed agri building
• o Covering letter
• o Proposed floor plan
• o Agricultural questionnaire
• o Location plan
• o Existing site plan

• - All date stamped and received 28 June 2024 (published online 09 Jul 2024)

• Planning statement o DWG 103 existing site plan and sections o DWG 104 proposed site plan and sections o Soakaway design o Curtains drainage concept

• - All date published online 03 Oct 2025

• o Email from agent date received 11 Nov 2025
• o Email from the applicant date received 22 Feb 2025
• o Email and map from applicant date received 04 Mar 2025 _________________________________________________________________

Interested Person Status None

_________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The site forms part of field 321282 which sits towards the very end of Trollaby lane and adjacent the existing cluster of farm buildings forming part of Trollaby Farm. - 1.2 A public footpath runs adjacent through the existing farm buildings and heading northwards, another public footpath runs along the southern field boundary of 321282 heading westwards. PROPOSAL

2.1 Proposed is the erection of a new agricultural building with the corner of field 321282 and nearest the access lane. The building is to be set back slightly into the field with hardstanding to the front. - 2.2 The building is to be split into two parts, the largest part for livestock, and the smaller part as a machinery store. The building is to measure 30.4m x 19.8m. - 2.3 The building is to have an eaves approx. 3.6m tall and overall tallest ridge of 6.2m. The building is to be finished with a concrete panel base, and with a mix of Yorkshire boarding (to the livestock section) and metal sheeting (to the machinery store) to the upper parts. There are three large openings on one gable, and the side elevation to the cattle shed is open sided. - 2.4 Information now submitted shows existing and proposed site levels and finished floor level for the building. Despite some conflicting information between the submitted information the agent has confirmed that the proposed location is as the most recent submitted drawings. PLANNING HISTORY

3.1 Agricultural buildings and agricultural works have been approved at the site under PA's 99/01124/B, 19/01443/B and 16/00116/B. Creation of three dubs was approved under 22/01390/B. Conversion of an existing stone barn was approved under 25/90526/B. PLANNING POLICY - 4.1 The site is not designated for development on the Area Plan for the South 2013. 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 2 - general standards towards acceptable development
• 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 Recreation Policy 5 - seeks to protect public footpaths and their retention

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."

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

5.1 DEFA Agricultural Officer - in support (10/09/2024) - is an active farm, the proposal will provide essential infrastructure to support the ongoing farming operation and is consistent with needs of a working farm and enhancing agricultural activity. Support is given subject to compliance with cattle welfare code and meeting British design standards for ventilation.

5.2 DEFA Minerals - a representative indicated that there was a lack of information as to the levels of the site and how development might impact these levels. There was no information provided as to any cut and fill, or how they intend to create pad platform.

5.3 Department of Infrastructure Highway Services - do not oppose (19/07/2024) no significant negative impact upon highway safety, network functionality and/or parking as the site is off a rural single track lane with slow moving traffic and can keep traffic movements internally within the site rather than moving livestock/equipment further afield.

5.4 Marown Parish Commissioners - no objection subject to condition (25/07/2024) condition that the building be for agriculture only. No objection (17/10/2025). - 5.5 The following were consulted but not response received at the time of writing the report 10/10/2025: o Manx Utilities - electricity

ASSESSMENT

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

• o principle of the development
• o visual impacts on the character and appearance of the countryside
• o amenity impact on neighbours
• o impact on trees and public footpath
• o site levels

6.2 Principle

• 6.2.1 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. In this case there is an existing farm holding that is fairly well established and already out growing its existing buildings. The proposal for a new building providing both cattle housing and machinery store will help to support the continued growth of the business as outlined with DEFA Agricultural comments, and in line with Food Matters Business Development Strategy 2015-2025. For these reasons the principle is considered to be acceptable in line with GP3(f).

6.3 Visual Impact on Character and Appearance of Countryside

• 6.3.1 Two public rights of way run adjacent to the site from which views of the proposed building will be achieved. It is possible that distant views may also be achievable within the wider landscape. There is already a cluster of agricultural buildings nearby and albeit sitting a little further north within the open field it's likely that the new building will still be read in connection with and in association to the existing farm group and aligning with the principles set out in EP15 and not to result in any harm to the overall agriculture character of the area.
• 6.3.2 The applicant has set out the reasons why they progressed this site being the flattest and with least constraint compared to others sites nearby (steeper and closer to dubs). The proposal will result in some outwards development spread and will be visible from public view, both elements resulting in some adverse visual impact, however the overall agricultural need is considered in this case to outweigh the visual impact on the overall appearance of the area.

6.4 Amenity Impact on Neighbours

• 6.4.1 In respect of the neighbours, the nearest residential dwellings are within the applicants ownership. The proposal may result in some increased cattle/farming activity but this is not considered to make significantly worse the existing farming situation as to warrant a concern.
• 6.4.2 The distance and vegetation between the site and other dwellings (Virginia House and Chesterfield) is so much so that it is not expected that the proposal will result in any new or adverse noise, activity or outlook impacts to warrant a concern.

6.5 Trees and Footpath

• 6.5.1 The application does not include any works to the footpath or in relation to any boundary treatments or trees, each are to remain unchanged. The proposed building sits at least 13m from the trees and this distance will likely help to ensure the footpath and trees main unobstructed and unaffected as a result of the works. The proposal is considered acceptable in this respect.

6.6 Site Levels

• 6.6.1 Further information was provided in respect of levels at the site. This information indicates slight gradient changes and that there will be some need for on-site earth movement in order to create a level finished floor to the building. The levels are considered to be acceptable with soil movement contained within the site. The area of hardcore hardstanding as shown on the proposed floor plan (dwg 104) result in some adverse visual impact but the overall agricultural need for its inclusion along with the building is considered sufficient to outweigh the limited visual harm in this case. CONCLUSION
• 7.1 The proposal is acceptable in principle, with agricultural need meeting with General Policy 3(f) and aligning with the Food Matters Strategy, contributing to the overall growth of the established farming business. While the siting of the works will extend the built form into an open field and will create some adverse visual impact from public view contrary to Environment Policy 1 and Environment Policy 15, this harm is outweighed by the agricultural need justified in this case. The overall design is typical of an agricultural building and in keeping with the overall character and appearance of the existing farm group, and due to the distance there are no expected impacts on neighbouring amenity, trees, or public footpaths so as to conflict with General Policy 2(g) or Recreation Policy 5 of the IOM Strategic Plan 2016 and is considered acceptable.

7.2 Conditions will be added to limit the use to agriculture only, require external materials to accord with the approved plans, and require the buildings removal including any hardstanding in the event its no longer needed or used for agricultural purposes. - 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.

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 and/or rights to appeal.

Decision Made : Permitted Date: 23.12.2025 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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