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THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN.
1.1 The application site is the curtilage of Field 430359, Glen Moar, Corlea Road, Grenaby which is an area of land accessed off the lane which leads to Old Moaney and Glen Moar Farm. The applicant also owns a large acreage of land surrounding the application site. The applicant also owns Ballaloaghtan Farm which is not far from the application site, Ballaloaghtan has a farmhouse which has an agricultural occupancy condition attached, there is also a stone barn which has recently had approval for conversion to tourist accommodation. Also on site is an agricultural building which was approved in 2013. The agricultural holding at Glen Moar is limited in terms of buildings. There is a small agricultural building but this is not on the application site it is within the area of land which is identified in blue. The application site as identified by the red line is fairly central to the land holding at Glenmoar and is approximately 300m from the closest residential property.
2.1 The application seeks approval in principle for the creation of a new agricultural farm holding which would include two large animal sheds, storage shed, and silage pit.
2.2 The application originally included a dwelling, but given that the current stock levels would not support a new dwelling on the site I have recommended that this aspect of the proposal be removed.
2.3 The access to the site would be off the track which leads to Old Moaney and Glen Moar Farm.
3.1 The previous planning applications are considered to be specifically material in the assessment of the current application:
PA 87/01104/A Approval in principle to erection of new dwelling on site of former building and erection of stable (part of Moaney Moar Farm) - Refused on Review
Reasons for refusal: R1. The proposed development as shown in the submitted application would constitute sporadic development unrelated to an existing village and would thereby be detrimental to the amenities of a primarily agricultural area and an area of high landscape value and scenic significance; the proposed development would be a completely unwarranted departure from the policies of the Development Plan.
PA 90/01711/A Approval in principle to erect dwelling (part of Moaney Moar Farm) - Declined to consider
PA 91/00569/A Approval in principle for erection of dwelling and associated agricultural building (Part of Moaney Moar Farm) - Refused on Review
Reasons for refusal: R1. A new dwelling as proposed would constitute sporadic development unrelated to an existing village, and would thereby be detrimental to the amenities of an upland area of predominantly rural character.
R2. Such development would be contrary to the Development Plan and to the Department's general policies for the location of new residential development; departures from those policies are only warranted where it has been clearly demonstrated that a new dwelling would be essential to the operation of a viable rural land use.
R3. An approval would establish a precedent which could be cited in support of further such development, which would lead to a fundamental change in the character of the area, and would frustrate the continued application of the Department's policies.
It is also appropriate to consider the previous applications at Ballaloaghtan given that the site is within the same ownership and is part of Manx Rare Breeds Ltd. The following previous applications are relevant:
PA 90/01057/A Approval in principle to demolish existing, erect new dwelling and garage and associated agricultural, commercial buildings - Refused at Appeal
PA 92/01242/A Approval in principle to renovate building to provide dwelling - Refused at Appeal PA 93/01303/A Approval in principle for conversion of redundant farm buildings into holiday accommodation - Refused PA 93/01633/A Approval in principle for conversion of part of redundant farm buildings into tourist accommodation - Refused PA 01/00294/A Approval in principle for erection of agricultural dwelling and renovation of existing barns - Approved at Appeal PA 01/01979/B Erection of agricultural dwelling and renovation of farm buildings - Split Decision PA 02/00412/B Erection of agricultural dwelling - Approved on Review
PA 03/01920/B Amendment to approved farm buildings renovation (PA 01/01979/B) to provide natural slate roof instead of metal sheeting - Approved
PA 07/00412/B Installation of four roof lights to office/store - Approved PA 07/01799/B Erection of agricultural store to replace existing - Approved PA 11/00745/C Removal of an agricultural workers tie to dwelling - Refused at Appeal 4.0 DEVELOPMENT PLAN POLICIES
4.1 The application site is within an area of "whiteland/open countryside" identified on The Area Plan for the South 2013. Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1, Environment Policy 4, Environment Policy 7, Environment Policy 14, Environment Policy 15, Housing Policy 7, Housing Policy 8, Housing Policy 9 and Housing Policy 10 of The Isle of Man Strategic Plan (20th June 2007).
4.2 It is also appropriate to consider the Isle of Man Landscape Character Assessment 2008. Incised Inland Slopes (Type D) is the relevant landscape character appropriate for the area.
5.1 Highway Services, in an email received 5th January 2015, comment on the application. They do not oppose but advise that the applicant should contact Highway Services prior to any works commencing.
5.2 Malew Parish Commissioners, in a letter received 9th January 2015, comment on the application. They do not object to the application but they state that there should be no more than a two bedroom farm workers dwelling and it should include an agricultural tie.
5.3 Department of Environment Food and Agriculture (Biodiversity Officer), in an email received 6th January 2014, comment on the application. They note that the large field 430359 where the buildings are proposed has been improved in the past. From a wildlife conservation perspective they note that the top half is of more interest than the bottom. Dr Selman met with the Agent on site and has subsequently sent a further email which was received 20th January 2015. In this email Dr Selman notes that works have been carried out to the site some time last year due to poaching of the field from cattle. He therefore does not foresee any likely damage to nature conservation interests.
5.4 Department of Environment Food and Agriculture (Fisheries), in an email received 14th January 2015, comment on the application. Provided that good agricultural practice is adhered to there are no concerns with the proposals at this stage.
5.5 Department of Environment Food and Agriculture (Agricultural Policy Manager), in an email received 26th January 2015 and 28th January 2015, comments on the application. In summary:
Email sent 28th January 2015:
5.6 The owner/occupier of Glebe Cottage, Kirk Maughold in a letter received 6th January 2015, objects to the application. They have concerns about the application. Firstly that the applicant's 'day job' is e-gaming and not agriculture. They also question why the application is trying to establish up to three new farm workers dwellings, when there already seem to be three approved. They also query why they have sought approval to convert the barn to tourist accommodation rather than to an agricultural workers dwelling. They suggest that if the need for further agricultural dwellings arise then the admission of caravans onto the Island would be helpful as a temporary permission for a mobile home would demonstrate whether there is a genuine case. After a period of ten years this could be replaced with a permanent dwelling. 5.7 The owners/occupiers of The Old Moaney, Corlea Road, in a letter received 8th January 2015, comment on the application. In summary:
5.8 Manx Utilities Authority in an email received, 16th January 2015, comment on the application. They note that there are underground/overhead cables within the site.
6.1 The key considerations in the assessment of the application are the land use zoning, whether there is sufficient agricultural justification, what the impacts will be upon the ASSI and the watercourse, the impact upon highway services and the impact upon the character and appearance of the landscape. 6.2 The Agent was contacted regarding the position of the yellow notice, the Officer advised that this should be sited on the Corlea Road, the Agent advised that it would be moved and displayed for the required period of time.
Land use 6.3 The site is within an area of whiteland/open countryside and therefore not designated for development, however given the use is for a new farmholding, the only appropriate location for such a venture would be in the open countryside. 6.4 Provided that there is sufficient need for the conduct of agriculture or for essential housing for agricultural workers then this would fall under the exceptions set out under General Policy 3 parts a) and f).
Agricultural Justification 6.5 The applicant has set up Manx Rare Breeds Limited which has long term plans of establishing a breeding programme for some of the rarest breeds in the United Kingdom. The charity purchased Ballaloaghtan Farm in 2013 and has expanded in acreage and agricultural
buildings. They have recently had approval for the erection of an agricultural building on the land at Ballaloaghtan as well as approval for the conversion of the barn to provide tourist accommodation. They are using Ballaloaghtan as their "Show Farm" so that tourists using the accommodation and visitors can come and view the rare breed animals on the Show Farm.
6.6 This application is different from other agricultural applications in that the business is based around Rare Breeds of Domestic Farm animals and in collaboration with the Rare Breeds Survival Trust help to preserve and save from extinction some of the rarest farm animals in the British Isles.
6.7 According to the Rare Breeds Survival Trust watch list there is a breed of cattle and a breed of sheep which are on the Critically Endangered list, Manx Rare Breeds have these two breeds on their farm holding and are currently increasing the stock levels for both the cattle and the sheep. The advantage of farming on the Island is the reduced level of the spread of infection. By having the two farm holdings it would allow the day-to-day farming activities to be carried out away from the public, whereas Ballaloaghtan would allow the animals to be shown to the public and would also provide accommodation for those wishing to holiday on the farm. By having the public farm separate from the main farm holding this would also reduce the spread of infection by keeping members of the public away from the main herds.
6.8 Ballaloaghtan Farm has only 40 acres of land associated with it and therefore can accommodate only a certain number of animals; there is one large barn on the site which was approved under PA 13/90983/B. Manx Rare Breeds Ltd intend for the farm at Glen Moar to be used for the day-to-day farming operations.
6.9 The applicant has indicated that the best way to sustain a breed is to build a market for its produce. The applicant is now supplying the meat to a number of local restaurants on the Island.
6.10 The Agent has provided the existing stock levels and the proposed stock levels which are set out in the table below:
6.11 Given the current stock number and the expected stock numbers it is considered that the existing buildings would not provide sufficient shelter or storage and therefore it could be argued that there is a need for the agricultural buildings.
The Department of Environment Food and Agriculture have been contacted regarding the application and they have provided comments. They do not feel that they have the relevant information regarding the stock levels of beef, dairy and ewes in order to calculate whether there is sufficient justification for the buildings. The Department of Environment Food and Agriculture also note that the breeds mentioned are 'hardy' by definition and housing them
| Breed - Animal | Existing (stock level) | Proposed (stock level) |
|---|---|---|
| Northern Dairy Shorthorn (cow) | 45 | 70 (2015) 100 (2016) |
| White Park (cow) | 30 | 44 (2015) 65 (2016) |
| Highland (cow) | 7 | |
| Shetland (cow) | 5 | 8 (2015) 11 (2016) |
| Hill Radnor (sheep) | 20 | 100 (2016) |
| Manx Loaghtan (sheep) | 50 | 100 (2016) |
| Soay (sheep) | 6 | 50 (2016) |
| North Ronaldsay (sheep) | 12 | 50 (2016) |
| Portland (sheep) | 30 | 100 (2016) |
| Boreay (sheep) | 27 | 100 (2016) |
| Oxford Down (sheep) | 9 | 50 (2016) |
| Norfolk Horn (sheep) | 12 | 50 (2016) |
| Large Black (pig) | 3 | 20 (2015) |
throughout winter may not be in their best interests, however this needs to be weighed against the capacity of the land and whether there would be significant damage to the habitat if animals were left out for the winter months. 6.12 While the applicant is establishing a market for the Rare Breed meat through private sales to restaurants on the Island, their main focus is to increase their flock/herd sizes and have a larger variety of domestic farm animals which have been recognised through the Rare Breeds Survival Trust. All the animals making up the farm holding are recognised on the watchlist available on the Rare Breeds Survival Trust website. 6.13 From the information provided it would appear that they are trying to establish the flocks/herds rather than establishing a secure meat market. To this end it is difficult to assess whether there is sufficient agricultural justification for the new holding. 6.14 While Department of Environment Food and Agriculture cannot provide further comment on the application as they do not have sufficient information to calculate the space required, this application is only in principle and does not specify the floor are of the proposed buildings. Given that they intend to increase their stock levels quite significantly over time and are trying to conserve a number of rare breed domestic farm animals it is considered that there is justification for further farm buildings the size of which will be determined under a future application.
Impacts upon the ASSI 6.15 The site itself is not within an ASSI but some of the land outlined in blue is. The Senior Biodiversity Officer of Department of Environment, Food and Agriculture is satisfied that the fields forming part of the application site are unlikely to show anything significant and therefore raise no objections.
Impact upon character and appearance of the landscape 6.16 The proposed farm holding would be relatively central to the area of land at Glen Moar and the access could be achieved from an existing access track. The site is set down from the Corlea Road; while the field is set down from the highway it would still be visible from the main public thoroughfares given the open sloping nature of the land. 6.17 The site is within an area of Incised Inland Slopes identified by the Landscape Character Assessment as part of The Area Plan for the South, the information set out in the Landscape Character Assessment is relevant in the consideration of the application.
6.19 The general character of the area is open pastoral land with arable fields; the land is generally sloping in nature from the uplands down towards the sea. The area is also characterised by lone standing farmsteads with outhouses and individual dwellings. 6.20 There have been a number of previous applications for the erection of a dwelling in this location all of which have been refused for the reasons set out above. This application while it proposes a dwelling, it is different in that the application is for a farm holding which would be agriculturally justified and therefore fall under parts a) and f) General Policy 3. 6.21 While the new farm holding would be visible in the landscape, it is considered that it would not be uncharacteristic of the area according to the Landscape Character Assessment as set out above. 6.22 Clearly there would be a visual impact as the proposal would introduce a large scale development where currently there is open farm land, as to whether the impact would be unacceptable there is a balance to be made. 6.23 Where there is sufficient agricultural justification, the countryside is the most appropriate for a new farm holding given that it is most likely to be some distance from other residential properties. This is the most significant land holding within the ownership of Manx Rare Breeds Limited and therefore seems most appropriate for the location of the buildings as they would be fairly central in the land holding. 6.24 The applicant has provided information to demonstrate that they have looked in to alternative sites in the hope of acquiring land and buildings but they have been unsuccessful to this end. There was the potential of utilising Knockaloe, the applicant expressed interest in the site but no further response has been received. 6.25 While there are likely to be other farms available on the Island, this is where the majority of the land owned by Manx Rare Breeds is situated and therefore it makes sense for the farm holding to be as central as possible to the land. 6.26 Given the location of the site in terms of the proximity to the rest of the land and the show farm at Ballaloaghtan it is considered that the proposed farm holding would be within an acceptable distance for both pieces of land to work together, and would also allow the agricultural workers dwelling at Ballaloaghtan to be utilised by one of the Manx Rare Breeds workers. 6.27 While the proposal is likely to alter the visual impact as viewed from the Corlea Road it is considered that this should be balanced against the agricultural need and welfare of the animals.
Impact upon Highway Safety 6.28 The holding would be accessed off an existing track which serves Old Moaney and Glenmoar Farm as well as the fields which are in the ownership of Manx Rare Breeds Ltd. 6.29 Highway Services do not oppose the application but recommend that they contact them prior to any works being carried out. The owners/occupiers of Old Moaney, Corlea Road have concerns regarding the access from the track which serves Old Moaney and Glenmoar Farm. The fields which are within the ownership of the applicant are already accessed by the existing track and it is therefore considered that the proposed farm holding would not significantly increase traffic to such an extent as to warrant refusal of the application on highway safety grounds.
6.30 The condition and maintenance of the track has also been raised by the owners/occupiers of Old Moaney. While their concerns are appreciated, the up-keep of the track is a civil matter and not a material planning consideration.
Impact upon Watercourse 6.31 The Fisheries Officer of the Department of Environment Food and Agriculture has visited the site and do not have any concerns at present provided that good agricultural practice is adhered to.
6.32 Manx Rare Breeds Ltd is proposing an ambitious project which is quite high in risk due to the nature of the scheme, and if approved would result in a significant visual impact due to the location of the application site. 6.33 A balance needs to be made in terms of the agricultural need and the impact upon the character and appearance of the landscape. 6.34 At present it is difficult to assess whether the buildings are essential for the conduct of agriculture, sufficient to outweigh the policies aimed at protecting the countryside. 6.35 Having visited the site it is clear that significant works have been carried out to improve the land including the installation of fencing and the clearing of the drainage ditches which provided all of this is managed will help to improve the quality of the land over time. 6.36 This application is for the principle of additional farm buildings only and therefore the details of the buildings including size, design and siting would be determined under future applications.
Recommendation 6.37 On balance this application is considered to be acceptable and is recommended for approval.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department; and (e) The local authority, Malew Parish Commissioners in whose district the land the subject of the application is situated. 7.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. 7.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:
7.4 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
7.5 In this instance, it is recommended that the following persons do not have sufficient interest and should not be awarded the status of an Interested Person:
The Planning Committee approved the application at its meeting of 9th February, 2015 subject to the addition of the following conditions:
C 5.
The application for the reserved matters must demonstrate that the buildings are of a height, form and finish, including colour, to minimise their impact in what is generally an open landscape.
Reason: to preserve the character of the countryside as set out in Environment Policy 1.
C 6.
The application for reserved matters must include a landscaping scheme which introduces planting and/or mounding to minimise the visual impact of the proposed buildings in the landscape.
Reason: to preserve the character of the countryside as set out in Environment Policy 1.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 29.01.2015 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1.
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C 2.
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Details of the (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. No approval is hereby granted for the principle of a dwelling.
Reason: The current stock levels do not justify a new dwelling
C 5. The application for the reserved matters must demonstrate that the buildings are of a height, form and finish, including colour, to minimise their impact in what is generally an open landscape.
Reason: to preserve the character of the countryside as set out in Environment Policy 1.
C 6. The application for reserved matters must include a landscaping scheme which introduces planting and/or mounding to minimise the visual impact of the proposed buildings in the landscape.
Reason: to preserve the character of the countryside as set out in Environment Policy 1.
This approval relates to drawings 01, 02, 03 and 04 received 12th December 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made: A Committee Meeting Date: 9-2-15
Signed: Dan Girett Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
Signatory to delete as appropriate ☐ YES ☑ NO
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