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Applicant: Paul Carey & Sons Ltd Proposal Erection of detached portal frame building to provide Workshop space. Site Address Ballasalla Farm Coast Road Jurby Isle Of Man IM7 3AS Case Officer : Hamish Laird Photo Taken: 14.06.2023 Site Visit: 14.06.2023 Expected Decision Level Planning Committee Recommended Decision: Refused Date of Recommendation 15.11.2024 Reasons and Notes for Refusal R : Reasons for refusal O : Notes (if any) attached to the reasons R 1. The proposed development for the erection of a detached portal frame building to provide a general engineering workshop space is unacceptable due to the size, bulk and scale of the workshop building with the use unconnected with agriculture in this open countryside location. The proposed development would be harmful to the character of the site and surroundings given that the site is located within the open countryside in an Area of High Landscape or Coastal Value and Scenic Significance (AHLV). As such, the application fails to accord with the provisions of General Policy 2 c); General Policy 3 f); and, Environment Policies 1 and 2 in the Isle of Man Strategic Plan 2016.
Interested Person Status None ________________________________________________________________ Officer’s Report THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER
1.0 THE SITE - 1.1 The site is part of Ballasalla Farm, Coast Road, Juby West, located on the west of Peel Road, between its junction with Ballamona Road and Jurby Road. There is a group of rural buildings. The house is a two-storey detached dwelling. There is also a barn which has been converted to flats and some agricultural buildings.
2.0 THE PROPOSAL - 2.1 The full application proposes is the erection of detached portal frame building to provide workshop space. The workshop is also to be used as a plant and machinery depot (Use Class
2.3 and 2.4). The structure would measure approx. 36.0m long x 14.9m wide x 4.8m to the eaves and 7.25m to the ridge. The building would have 4 No. roller shutter doors in the front elevation, with 3 No. doors serving the main area of the building and 1 No. door serving a
separate bodyshop/spray booth. Proposed materials are dark green coated trapezoidal steel sheeting above a concrete wall which would be up 1.5m in height for the walls, with the roof in the same material with 6 No. rooflights contained within each slope of the pitched roof.
2.2 In addition, provision is made for a toilet/s, kitchenette, and office (with a mezzanine level) within the proposed building. - 2.3 The application is supported by the submission of completed application forms; Location and Proposed Plans and Elevations; a Planning Statement and Site photographs. - 2.4 The Planning Statement advises of the background of the company, its presence on site for the last 25 years as a family business providing specialist plant maintenance facilities now directly employing over 40 staff. The proposed new workshop facility will enhance efficiency and make best use of the additional working capacity thus futureproofing the business. The additional workshop facilities will give the company the ability to undertake repairs on all their own vehicles, plant, farm machinery and equipment, including 360 tracked machines, dump trucks, trailers, bailers, and mowers. High-specification equipment and diagnostic equipment would be installed including bespoke vehicle lifts, suitable for our plant and machinery, and associated ancillary garage equipment which would be incorporated in the proposed workshop facilities. "The fundamental benefits (of the proposed development would be): -
2.5 The Statement advises that other sites "PCS have recently taken a lease out on include an industrial unit at the Paddocks Jurby Ind Estate. This will be used to carry out minor repairs on small plant, Wacker plates, Sthil saws etc, the company has also looked at various other options and locations for expanding and/or relocating the main civil engineering business within the parish, unfortunately none of the current sites available lend themselves favourably to our multi-disciplinary activities. PCS Ltd also own and operate a licenced recycling facility at Andreas Airfield."
3.1 Erection of an agricultural building for the storage of machinery and implements was REFUSED under PA 18/00533/B. The proposal was for storing various pieces of mechanical equipment used in the applicant's farming business". The reason for refusal was "The applicant has not provided adequate justification to demonstrate that the agricultural need for a new building is sufficient to outweigh the general policy against development in the countryside proposal." - 3.2 23/00621/LAW - Certificate of Lawful Use for the running of an operational centre and workshop - Ballasalla Farm, Coast Road, Jurby, Isle Of Man, IM7 3AS. This application was refused on 15/11/23, for the following reason:
"Having assessed the above, it would appear the evidence provided does not sufficiently demonstrate that the application site has been used as an operational centre and workshop for a period in excess of 10 years, as such, the Department may issue an enforcement notice due
to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Development should not be granted."
3.3 24/00548/LAW - Certificate of Lawful Use for the running of an operational centre and workshop - Ballasalla Farm, Coast Road, Jurby, Isle Of Man, IM7 3AS. Certificate of Lawful Use/ Development Approved - 19.07.2024
4.1 The site is in an area with no specific land use designation as shown in the 1982 Development Plan, meaning it is considered to be part of the countryside. - 4.2 The site is within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV). The site is not within any Conservation Area or Flood Risk zone. There are no Registered Trees or Buildings on or around the site. - 4.3 The Isle of Man Landscape Character Assessment (July 2008) indicates that the site is located in Character Area "F3 - Andreas and Jurby", some of the key characteristics of which are:
It further advises: "Evaluation of Inherent Landscape Sensitivities
Landscape Strategy The overall strategy should be to conserve and enhance the character, quality and distinctiveness of this rural area including the scattered settlement pattern, relatively strong field pattern delineated by a mixture of stone walls and relatively tall Manx hedge-banks and its network of enclosed minor rural roads."
Strategic Policy
4.4 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
(2) = (See Appendix 1)
Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
Spatial Policy Spatial Policy 3: "The following villages are identified as Service Villages
Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
Principles of Development
4.5 General Policy 2, which provides an overall requirement for all development, states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.5 Paragraph 6.3 and General Policy 3, provides an overall requirement for all development proposed outside areas zoned for development, states (amongst other things): "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." - 4.6 Paragraph 4.3.11 (part) of the Strategic Plan states: "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development" Environment - 4.7 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. … 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." - 4.8 Environment Policy 2 states: "Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
4.11 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."
Business
4.12 Business Policy 1: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
Business Policy 2: "Land for industrial development should be designated in all parts of the Island, having regard to:
Business Policy 5: "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:
Other Community Policy 7 and 10 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire.
4.13 Infrastructure Policy 5 states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." PPS and NPD - 4.14 No Planning Policy Statement or National Policy Directive is applicable to this application.
5.1 There is no strategy or guidance relevant to this application. - 6.0 REPRESENTATIONS
6.1 Jurby Parish Commissioners has not commented at the time of the report (1.11.2024).
6.2 Highway Services does not object this application (29.04.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. - 7.0 ASSESSMENT Point of Clarification
7.1 While there is an office element in the proposal, this is considered to be ancillary to the proposal and is not considered to be a separate land use.
Elements of Assessment
7.2 The key considerations of this application are:
7.3 Following the consideration of application Ref: 24/00548/LAW for which a Certificate of Lawfulness was granted in July 2024, it is clear that the site is already in a commercial/industrial use, and that the established use is Lawful. The site edged red as shown on the approved plan attached to this Certificate of Lawfulness, this reflects the site edged red as shown on Drawing No. 21 1611 01 Rev. A which was subsequently (after the Ref: 24/00548/LAW was decided) added to the PA22/00449/B file. Principal and Justification - 7.4 The applicant has, as part of their submission, provided a planning statement explaining the choice of the location. The reasons include the site being close to existing operations and being unable to find a suitable industrial location with appropriate size and access within the parish. The applicant runs a Civil Engineering Company and services and maintains their own machinery. In addition, agricultural machinery that would be serviced and maintained on site, such as Combine Harvesters, are cumbersome in nature. In this particular regard, a location closer to their operation area (countryside) rather than a built-up area would be appropriate considering the Company's target customers. However, Combine Harvester, movements are a once a year operation. Likely general agricultural operations involving machinery such as servicing/repairs of tractors, muck/slurry spreading, spraying, sowing, ploughing, harrowing and harvesting equipment are likely to be annual at most. With the fewer working parts the machines have (ploughs/harrows) the less likely the need for them to be serviced repaired, although it is accepted that machines/parts wear out through use. It is also noted from touring the area of this northern part of the Island that livestock farming is prevalent over arable farming, and the requirement for such machinery for livestock farming does not readily arise. - 7.5 The proposal represents a general industrial use (Class 2.3). The land-use is designated in the 1982 Development Plan - as countryside. Given the location of the site in the countryside, it is considered that the proposal is contrary to the provisions of Strategic Policy 2 and Policy ENV1 in the IoMSP 2016. Policy SP2 seeks to channel development such as this to established industrial sites and/or to sites located within existing settlement boundaries. It is noted that the nearest such site to the application site is at Jurby Airfield. The applicant advises, (as outlined in paragraph 2.5 above) that PCS has recently taken out a lease out on an industrial unit at the Paddocks Jurby Ind Estate; and, that the company also own and operate a licenced recycling facility at Andreas Airfield." The applicant's assertion that PCS "has also looked at various other options and locations for expanding and/or relocating the main civil engineering business within the parish, unfortunately none of the current sites available lend themselves favourably to our multi-disciplinary activities", is noted. - 7.6 It is also noted from the submitted information that servicing agricultural equipment and machinery represents a minor element of the business. The photographs accompanying the application as laid out in the Planning Statement attest to this. The business is, to all intents and purposes, a civil engineering and plant hire business essentially operating, servicing and repairing its own non-agricultural plant and machinery. Whilst the existing use of the engineering workshop building and industrial use of the application site itself is lawful, the site is, nevertheless, located in open countryside and bounded by agricultural land, and the proposed development would clearly contravene the provisions of both Strategic Policy 2 as advised above; and, Policy ENV1 which seeks to protect the character and appearance of the
7.8 The new workshop building would adjoin and be set slightly apart at 90 degrees to the existing workshop building on the site. The proposed materials of dark green coated trapezoidal steel sheeting for the walls above a 1.5m high concrete wall, with the roof in the same dark green sheeting, reflect the materials used for the existing workshop building. The new structure would measure approx. 36.0m long x 14.9m wide x 4.8m to the eaves and 7.25m to the ridge. The existing structure (See PA 24/00548/LAW and 23/00621/LAW) which it would adjoin at a 90o angle measures approx. 26.0m x 14.6m x 4.8m to the eaves and 7.25m to the ridge and is constructed from similar materials to that of the proposed new structure. The new structure would be sited on a north-south axis and to the north of the existing workshop building which lies on an east-west axis. - 7.9 As noted from the description of the Landscape Character Area "F3 - Andreas and Jurby", a key characteristic of which is that it forms a swathe of farmland covering the breadth of the northern part of the Island, which is ostensibly flat in topography, and therefore, constitutes good quality, productive agricultural land. The scale and bulk of the new building would be more obvious that the existing because it would face side on to the A10 Jurby Road and its bulk and scale would be readily observable by road users, moreso than the existing building which presents itself end on to the road. It would also be receptive to views from afar in terms of the higher ground to the south and east; and, from the much nearer coast and beach to the north and west, which is accessible to and used by the public. - 7.10 Against this, the siting of the new building in close proximity to that existing, would form a cluster of structures - it would not appear as an isolated feature - which would assist in minimising its visual impact. In addition, the buildings on site are and would be set back from the A10 Jurby Road. Also, the site is bounded by a sod bank which assists in separating and screening it from the adjoining agricultural land. - 7.11 Policy ENV1 in the IoMSP 2016 indicates that the countryside should be protected for its own sake, and that: "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." Here, there is designated industrial land available at Jurby approx. 1.3km away to the north-east, and the applicant runs an industrial operation from that site, as well as a waste recycling facility at Andreas. In this regard the proposed development fails to accord with the provisions of Policy GEN 2 (c) in that it would adversely affect the character of the surrounding landscape or townscape; and, Policy GEN 3 (f) in that it fails to accord with the requirements for development proposals in respect of being for "(f) building and engineering operations which are essential for the conduct of agriculture or forestry". It is for an industrial
2 c); General Policy 3 f); and, Environment Policies ENV1, ENV2; and, Strategic Policy 2 in the Isle of Man Strategic Plan 2016.
Neighbours amenities
7.14 Whilst the scale of the proposed development is significant, it would not have an unduly adverse visual impact on the property when viewed from any surrounding neighbouring properties due to its position, size, design and close proximity to the existing workshop building on the site. It would not result in any significant adverse visual impact upon the appearance of the adjoining Farmhouse complex which is within the applicants ownership; or, that of the immediate area. This would accord with the provisions of Policy GP2 g) in the Adopted Isle of Man Strategic Plan (2016). Highway Safety - 7.15 DoI Highways has responded raising no objection to the proposals. It is considered that in this regard, the proposed Workshop Building is acceptable and accord with the provisions of Policies GP 2 h) and i) and Transport Policy 7 of the Adopted Isle of Man Strategic Plan 2016. Environmental Harm - 7.16 Turning to the use of the Workshop Building and associated parking and stationing of vehicles on the site, it is clear that the site and surroundings have a previous association with engineering activities, and the siting of the Workshop Building in this location would be of sufficient distance away from neighbouring residents to not to be considered a nuisance to them in respect of noise or activities carried on within and around the site. This would accord with the provisions of Policy EP22 iii) in the Adopted Isle of Man Strategic Plan (2016). - 7.17 In order to minimise further any potential for harm to bats and other protected species, and to protect the character of the rural night sky, Officers consider that in the event of any approval being granted, details of a scheme for outdoor lighting should be conditioned to ensure that any such impacts are minimised and to protect the quality and character of the rural night sky from any unnecessary light-spill. Furthermore, a scheme of landscaping should be sought via condition with its implementation, establishment and future management also being conditioned. This would accord with the provisions of Policy GP2 c) d) and m) and Policy EP22 iii) in the Adopted Isle of Man Strategic Plan (2016).
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The Planning Committee 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 can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:…25.11.2024 Signed :…………H LAIRD………….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report). Signatory to delete as appropriate YES/NO See below
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No. : 22/00449/B Applicant : Paul Carey & Sons Ltd Proposal : Erection of detached portal frame building to provide Workshop
space.
Site Address : Ballasalla Farm Coast Road Jurby Isle Of Man IM7 3AS Planning Officer : Hamish Laird Presenting Officer As above (correct manually if not the case officer) Addendum to the Officer’s Report
The Committee unanimously rejected the recommendation of the case officer. Following discussion, the Members voted unanimously to APPROVE the application with the following conditions as discussed and proposed at the meeting:
C1 - std 4 yr 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.
C2 - lighting scheme and Bat boxes Prior to the first occupation of the development, hereby permitted, details of a scheme for bat friendly outdoor lighting shall be submitted to and approved in writing by DEFA Planning. In addition, 4 No. Schwegler type 2F universal bat boxes shall be attached to the west side elevation of the workshop building at a minimum height 3 to 4 metres above ground to ensure that a clear horizontal approach is provided for the Bats.
Reason: To provide suitable accommodation for bats and in respect of any outdoor lighting, to ensure that any impacts on Protected Species such as Bats are minimised, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016; and, to protect the quality and character of the rural night sky from any unnecessary light-spill.
Reason: For the conservation and protection of legally protected species, C3 - landscaping scheme Prior to the first occupation of the development, hereby approved, a scheme of landscaping shall be submitted to and approved in writing by the DEFA Planning. The landscaping scheme shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance. All planting, seeding, and earth
works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: In the interests of visual amenity and to secure a high quality form of development that would readily assimilate into its surroundings.
C4 - materials The development, hereby permitted, shall be constructed in accordance with the following approved details as outlined on the submitted Drawings - Drawing No. 21 1611 01 Rev. A. Namely:
Reason: To ensure that high quality materials are used for the workshop building which reflect and preserve the character and appearance of the existing workshop on the site and impart a high quality finish in the interests of visual amenity.
C5 - Bird boxes Prior to the commencement of the development, hereby permitted, a bird mitigation plan to accommodate requirements of breeding birds particularly for Swallows, Swifts, House Sparrows and Robins shall be submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with these approved details which shall be retained and maintained for the lifetime of the development.
Reason: To ensure that adequate provision is made to accommodate breeding birds as part of the development given the past use of the buildings as barns which have provided a suitable habitat for breeding birds. This accords with the provisions of Policy ENV5 of the Isle of Man Strategic Plan, 2016.
C6 - remove if no longer used The Workshop Building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for Industrial/Engineering purposes.
Reason: The building has been exceptionally approved solely to meet an identified Industrial/Engineering need and its subsequent retention would result in an unwarranted intrusion in the countryside.
Copyright in submitted documents remains with their authors. Request removal
