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| Application No.: | 14/00387/B |
| Applicant: | Mr Paul Ormond-Smith |
| Proposal: | Erection of an agricultural building |
| Site Address: | Kerrow Glass |
| Mill Road | |
| Greeba | |
| Isle Of Man | |
| IM4 2LB |
1.1 The site defined in red is the curtilage of an existing dwelling, Kerrow Glass together with 24 acres of land which surrounds the dwelling. The site defined in red includes only Kerrow Glass and an existing outbuilding which lies to the north east of the house. There are other buildings within the blue edged area - what looks like a dwelling and another long agricultural building which lies close to the agricultural building within the red line area.
2.1 Proposed is the erection of a further building to the south east of the agricultural building within the red lined area. This building will be larger than the existing - 9m by 22.5m and 5.6m high. The external finish will be concrete walling up to a height of 2.2m and grey coloured sheeting above. No justification is provided to support the application. This has been requested but still nothing has been forthcoming.
3.1 The site lies within an area of Open Space and High Landscape Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982.
3.2 As such, there is a presumption against development as set out in Environment Policies 1 and 2:
Environment Policy 1: "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."
Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will
| Case Officer : | Miss S E Corlett |
| Photo Taken : | 16.04.2014 |
| Site Visit : | 16.04.2014 |
| Expected Decision Level : | Officer Delegation |
introduce difference 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:
a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential."
3.3 General Policy 3 sets out the exceptions to the presumption against development in such areas which includes "building and engineering operations which are essential for the conduct of agriculture or forestry". Environment Policy 15 sets out further advice about agricultural development:
"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 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 is it 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 Planning approval was granted for the erection of an agricultural dwelling under PA 07/00173.
4.2 Planning approval is currently being sought for alterations to the existing access - PA 14/00385.
5.1 No representations have been made in respect of this application.
6.1 In order for further development to be approved in areas which are not designated for development, there must be agricultural justification to demonstrate that the need for the building outweighs the policy presumption against the development. In this case there is no justification provided. Furthermore, the Agricultural Adviser of DEFA recommends that whilst he has not visited the site, he did speak to the applicant's agent regarding the application and no information surrounding the application other than that included in the application has been made available. He reports that the applicant suggests that he is farming land that appears to extend to approximately 23.14 acres: all land appears to be utilised for the production of grass only. The applicant is not registered with this Department as being a farming business or stock keeper. The size of the proposed agricultural enterprise is 0.02 standard labour units. The proposed building does not have ventilation suitable for the housing of livestock.
6.2 As such, there is no agricultural or any other justification for the building and as such the proposal fails to comply with Environment Policies 1, 2 and 15 and General Policy 3.
7.1 The local authority, German Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
Recommended Decision: Refused
Date of Recommendation: 19.06.2014
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
As there is no agricultural or any other justification for the building the proposal fails to comply with Environment Policies 1, 2 and 15 and General Policy 3 of the Strategic Plan which protect the countryside from development.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Head of Development Management/ Senior Planning Officer.
Decision Made: Refused Date: 20 June 2014
Determining officer (delete as appropriate)
Signed: _________________________ Signed: _________________________
Chris Balmer Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Sarah Corlett Senior Planning Officer
Chris Balmer Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Sarah Corlett Senior Planning Officer
Signed : ... Jennifer Chance Head of Development Management
19 June 2014
Signed : ... Jennifer Chance Head of Development Management
19 June 2014
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