10 June 2014 · Delegated
Ballavell Farm, Grenaby Road, Ballasalla, Isle Of Man, IM9 3dp
Permission was granted for the erection of an agricultural building at Ballavell Farm, Grenaby Road, Ballasalla. The application was decided by the Head of Development Management under delegated authority on 10 June 2014. The farm holding extends between the A3 Foxdale Road and the Grenaby Road, with its buildings concentrated around the farmyard. The officer's assessment found that the proposed building would be visible only from within the farmyard itself, which is not a public perspective, and possibly from a nearby public footpath to the south and west, though it would appear among other existing farm structures. The key planning issues considered were visual impact and potential effects on ecology and watercourses. Three conditions were attached to the permission.
The application was approved by the Head of Development Management under delegated authority. The proposed building was considered acceptable in terms of visual impact, as it would be seen only from within the farmyard rather than from any public viewpoint, and would sit among existing farm buildings. Potential effects on ecology and watercourses were also considered as part of the assessment.
General Policy 3
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: f) building and engineering operations which are essential for the conduct of agriculture or forestry
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 15
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
Environment Policy 15: 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 developme nt 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 d evelopments 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 t he 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 b orne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Within six months of the completion of the new building, at least four new trees must be planted as close as is practicable to the western elevation of the proposed building. These trees must be Oak (Quercus Petrea), Birch (Betula Pendula), Alder (Alnus Glutinosa), Rowan (Sorbus aucuparia), Hawthorn (Cratageus monogyna) or Aspen (Populus Tremula) or a mixture of these. If any of these trees die, are removed or are damaged or diseased within five years of the date of planting must be replaced with the same or similar species.
Condition 3
The building must be used only for agricultural purposes.
