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| Application No.: | 14/00504/B |
| Applicant: | Ballavell Farm Ltd |
| Proposal: | Erection of an agricultural building |
| Site Address: | Ballavell Farm Grenaby Road Ballasalla Isle Of Man IM9 3DP |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | 15.05.2014 |
| Site Visit: | 15.05.2014 |
| Expected Decision Level: | Officer Delegation |
1.1 The site defined in red is the farmyard associated with Ballavell Farm, a holding which extends from the A3 Foxdale Road west to the Grenaby Road (B40). The buildings on the farm are largely concentrated around the farm yard which is accessed from the Grenaby Road (B41) and this accommodates two dwellings and a range of farm buildings to the north west. A further agricultural dwelling, Croit E Quiggin, lies on the western side of the B41 and which was previously associated with the farm but is not included within the red or blue line.
2.1 Proposed is the erection of a new agricultural building. This will be alongside an existing barn within the farm group and to the north west of the existing buildings, but right alongside. The building is to be wider and longer than the existing building alongside - a total of 14m by 29m and 6.3m to the ridge. The building would physically abut the existing building to the south.
2.2 Four elm trees would be removed to accommodate the building. The applicant has discussed this with the Forester who advised that if the existing bank of trees to the south west of the sheds were to be extended by new planting then DEFA would have no objection to the removal of the four elms. The applicant has provided further information about the planting of new trees - four in number along the western side of the new barn.
3.1 The site lies within an area of Open Space on the Area Plan for the South adopted in 2013 and within a wide area of Incised Slopes on the draft Landscape Character Assessment. The key views identified in the Area Plan for the South do not include this particular part of the area, but rather focus on the overall open character of the area, strong geometric field pattern and trees and traditional buildings. None of the specific landscape policies is applicable to this site or immediate surrounding area.
3.2 Whilst there is a presumption against development in the countryside, there is provision for the erection of agriculturally justified buildings where there is a demonstrable need and where the environmental impact is considered acceptable. This is set out in GP3 and EP15:
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".
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 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 There have been a number of applications submitted for this farm holding, for agricultural dwellings and buildings, none of which is considered relevant to the consideration of the current application.
5.1 Malew Parish Commissioners and Department of Infrastructure Highway Services indicate that they do not object to the application.
6.1 The key tests in this case are whether the building is justified agriculturally and if so, whether the impact of the building is acceptable in terms of environmental impact (loss of trees, impact on ecology and watercourses and visual impact).
6.2 The proposed building will be seen only from the farmyard, which is not a public perspective and possibly from the public footpath which runs south of the farmyard and to the west, albeit in amongst other existing farm buildings. The planting of new trees to the west of the new building will assist its screening as viewed from this direction. Department of Environment, Food and Agriculture has advised that new trees should 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.
6.3 Department of Environment, Food and Agriculture's Agricultural Adviser clarifies that the proposed building is intended to allow the current hay and straw storage barn to be utilised for the housing of an expanded dairy herd. The current buildings provide accommodation for all stock with one building () currently dedicated to the storage of winter fodder and bedding. The proposed barn will provide of storage which will provide extra storage area for the expanded herd. The proposed barn would allow the milking herd to expand by approximately 25 cows plus young stock into the existing storage building. The increased cattle numbers would require of extra space to allow all their bedding and feeding requirements to be stored undercover (existing cattle plus proposed): the proposed storage barn provides of extra storage space. The bedding and winter fodder storage requirements of an expanded herd plus associated young stock would fully utilise the
proposed barn. In conclusion to these comments, the erection of agricultural building is agriculturally justified.
6.4 As such, the proposed building is justified in agricultural terms. Whilst the building is intended for future expansion of the farm, the farm is established and has been in the same family for a number of generations and as such this need is accepted.
6.5 There are no other ecological or environmental constraints which would justify refusal of the application and as such it is recommended for approval subject to conditions including the requirement for the planting of new trees to the west of the building.
7.1 The local authority, Malew 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: Permitted
Date of Recommendation: 30.05.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
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.
REASON: in order to minimise the visual impact of the new building and to compensate in ecological terms for the loss of the trees which will be removed to facilitate the erection of the approved building.
C 3. The building must be used only for agricultural purposes. REASON: the building is approved on the basis of consultation and should be used for these purposes.
This approval relates to Plans reference P5327-01 and the site and location plans received on 28th April, 2014.
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 : Permitted Date : 4/6/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Jennifer Chance Head of Development Management
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