DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00954/B Applicant: Mrs Fenella Hampton And Ms Charlotte Geoghegan Proposal: Retrospective approval for erection of stable and agricultural building Site Address: Ballachurry Beg Summerhill Road Jurby Isle Of Man IM7 3BS Planning Officer: Mr Paul Visigah Photo Taken: 12.09.2023 Site Visit: 12.09.2023 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 16.02.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The agricultural building must be used only for agricultural purposes.

Reason: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

• C 2. For the avoidance of doubt, the stable building hereby permitted shall only be used for equestrian purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need only.

• C 3. The agricultural building and stable 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 agricultural purposes.

Reason: The building has been exceptionally approved solely to meet agricultural and equestrian needs, and their subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason.

Overall, the proposal is considered acceptable in terms of both agricultural need, equestrian need, visual impact, impact on soils, and impact on highway safety, and accords with the requirements of General Policy 3, Environment Policies 1, 15, 19, and 21 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to the following plans/drawings/information:

• o Planning Statement;
• o Correspondence from Agent to DEFA Ecosystem Policy Team; and
• o Drawing Numbers: 23-118-01 Rev A, 23-118-02 Rev A, 23-118-03 Rev A, and 23-118-

• 04 Rev B, Received 14 August 2023; and o Agricultural Needs Statement, and Photographs, received 31 January 2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site which is defined by the red-line boundary comprises the residential curtilage of Ballachurry Beg, Summerhill Road, Jurby, which is a detached traditional dwelling, a fenced paddock within an adjoining agricultural field (Field 214160) and two other fields (Fields 214161 and 211417). The fields excluding the residential curtilage cover an area measuring about 11,400sqm (2.83Acres or 1.14 Hectares). - 1.2 The site which sits on a corner plot with the A13 road to the south of the site and the B4 road to the east, is located approximately 1km east of Sandygate Crossroads in Jurby. The main access to the site is via a gated access situated along the A13 (Sandygate Road), while a secondary access is via Summerhill Road. The site frontage has a low Manx stone boundary wall which open up at the gated access. - 1.3 The residential curtilage houses the main dwelling which is a two storey property, a detached two storey Manx stone outbuilding which sits just southwest of the main dwelling and west of the gated access to the site, as well as a portal framed building which sits west of the two storey Manx stone outbuilding. A timber clad stable building sits north of the portal framed building, but just outside the residential curtilage. - 1.4 Most of the site area is enclosed is mature landscaping comprising mature trees and shrubbery and there is pond situated just northeast of the main dwelling and within Field 211417 which is within the broader site area.

2.0 THE PROPOSAL - 2.1 Retrospective planning permission is sought for erection of stable and agricultural building. - 2.2 The agricultural building is erected west of the Manx stone outbuilding positioned southwest of the main dwelling on site, and measures 13.9m x 6.2m, and is 4.3m tall (3.4m to the eaves). The building is finished externally in dark green profile sheeting to the upper wall sections with lower sections finished in blockwork. The roof is also finished in profile sheeting, although the colour of the roof sheeting is lighter. The only opening is to the front and

• measures 4.4m wide and 3.2m tall. No door is installed at this opening. The applicants note that the building was built on the footprint of the remains of a former building.
• 2.3 The stable which sits north of the agricultural building is a timber structure which measures 9.1m long, 3.7m wide and is 3.5m tall (2.7m to the eaves). This pitch roofed building has a roof overhang measuring 1.2m to the front. Tis building accommodates two stables and a tack room.
• 2.4 The erection of both buildings involved the felling of a number of trees on site, as is evident in the comparison of Aerial photographs for the site covering 2018 and 2021.
• 2.5 The applicants have provided a planning statement which describes the site, provides a history of planning applications for the site, sets out the planning context for the site and area, the relevant policies, describes the proposal, whilst putting forth arguments as to why the application should be approved. It is noted within the Planning Statement that the barn provides accommodation for equipment required for the management of the fields, whilst also providing an area for a log store.
• 2.6 The applicants have also provided further information which clarifies the agricultural building is used daily for the storage of agricultural equipment for land management along with suitable housing of Livestock, associated storage of tools and equipment. They further note that the land management and animal management included a self-sufficient scheme of planting, production and harvesting of vegetables, fruit and eggs, including housing of hens, ducks and geese and associated equipment. They also state that during the period from 2019 to date, as with any good practice of rotational land management they have used the land for grazing of horses, sheep and various free-range poultry and also for hay making for animal fodder.

• 2.6.1 The livestock on site includes; 2x Ponies, 3x Loughtan Ewes, 10x Herdwick Ewes in lamb, 6x Cross bred Rams, 8x breeding ewes , 10-15x Laying Hens, 6x Geese, 15 - 25 x Breeding Runner Ducks, including wild mallard and Moorhen.
• 2.6.2 Agricultural Equipment: Various Vintage Tractors and equipment have been and are kept on site suitable for the land, with appreciation and sympathetically thought of for the limitations of use of equipment appropriate to the acreage, this includes all associated mechanical attachments needed to effectively and efficiently run a private, self-sufficient small holding including:

• a. Digger Case 580F and associated attachment's including various buckets and forks (lifting and movement of fallen trees, laying of wood chip for maintenance of access lane to pond and rear paddocks, all heavy lifting and moving);
• b. 1x Massey Fergerson 165;
• c. 1x International 374;
• d. 1x Field Marshall;
• e. Tractor Attachments: Plough, Spud planter, Ridger, Seed Drill, Spinner, Power Harrow, Field Roller, Topper, 2x Tipping trailers - (1x large 1x small to fit the relevant tractor's);
• f. Storage of Fencing equipment, materials (Wire and Posts);
• g. Various size water pipe and associated equipment for land drainage and livestock water troughs;
• h. Multiple hand tools including: Various chainsaws (petrol and battery), Ride on lawn mower, Petrol and electric push lawn mowers, hedge cutter, strimmer; gardening Tools - hoe's, shovels, trowels, rakes; and Various vegetable harvesting picking baskets, tools and storage handling system.
• i. Animal Housing: Multiple Hen houses, Various Duck and Geese housing units and Run, Various Large multi-purpose animal crates for safe movement and segregation, Various Cat Boxes, Secure storage of equine, feed, bedding, tack, rugs, etc.; Storage of bird grain - vermin

proof; and wheelbarrows and hand tools for cleaning of livestock housing and manure handling.

3.0 PLANNING POLICY - 3.1 Site Specific

• 3.1.1 The site lies within an area of land that is designated as private woodland or parkland under the 1982 Development Plan Order, and the site is not within a Conservation Area. The site is largely not prone to flood risks although Field 211417 which forms part of the broader site area is susceptible to high flood risks. The entire site is within a Registered Tree Area although there are no registered trees on site.

3.2 National: STRATEGIC PLAN (2016)

• 3.2.1 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However, there are policies and texts within the Strategic Plan which support some equestrian-related developments provided they do not conflict with the requirements of GP3 and EP1. General Policy 3 also sets out exceptions which are allowed in the countryside and includes (f) building and engineering operations which are essential for the conduct of agriculture or forestry.

• 3.2.2 Relevant Strategic Plan Policies:

• a. General Policy 2 - General Development Considerations.
• b. General Policy 3 - Exceptions to development in the countryside.
• c. Environment Policy 1 - Protection of the countryside and ecology.
• d. Environment Policy 3 - Development to safeguard woodland of high amenity value.
• e. Environment Policy 4 - Protection of species and habitats.
• f. Environment Policy 5 - Mitigation against damage to or loss of habitats
• g. Environment Policy 14- Soil quality considerations for development that would result in permanent loss of agricultural land.
• h. Environment Policy 19 - Local amenity, Soil quality, and highway network and traffic considerations for equestrian development.
• i. Environment Policy 21 - Development for stabling or shelter of animals in the countryside.
• j. Transport Policy 1 - Proximity to existing public transportation services
• k. Transport Policy 4 - Highway Safety
• l. Transport Policy 7 - Parking Provisions
• m. Strategic Policy 1 - Efficient use of land and resources.
• n. Strategic Policy 2 - Priority for new development to identified towns and villages.
• o. Strategic Policy 5 - Design and visual impact.
• p. Paragraph 7.15.1: "Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose".

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. - 4.2 The Town and Country Planning Act 1999, Section 45, defines; "agriculture" to include horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly".

- 5.0 PLANNING HISTORY

5.0 The application site has been the subject of eight previous planning applications, none of which are considered specifically material to the assessment of this current planning application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (1 September 2023).

6.2 DEFA Ecosystem Policy Team confirm that they are content with the details contained in the attached Ballachurry Beg Tree Planting Scheme. They note that the amount of tree planting undertaken on site and the erection of bat and birds boxes more than mitigates for the previous loss of trees on site and no further ecological mitigation is required (2 February

• 2024).

6.3 DEFA Forestry have stated that they have over the years given licences for trees in the close proximity of the development, although the reasons for removal were due to the trees condition, not to facilitate Development. They note that as this proposal requires no further tree removal the Department does not object to this application (7 February 2024). - 6.4 No comments have been received from Jurby Parish Commissioners and neighbouring properties.

- 7.0 ASSESSMENT

7.1 The key considerations in the assessment of this application are:

• i. The principle (justification of need) (GP 3 & EP 15);
• ii. The visual impact on the wider countryside (EP 1 and EP 15);
• iii. Impacts on Site Ecology/Trees (EP 4 and EP 1);
• iv. Impact on Agricultural Soils (EP 14 & 19); and
• v. Highway Impacts (TP 1, 4 & 7).

7.2 THE PRINCIPLE: JUSTIFICATION OF NEED

• 7.2.1 The aforementioned policies referenced in section 3.2 above would indicate that there is a general presumption against new development in the countryside (Environment Policy 1 and General Policy 3 of the Strategic Plan). As such, the starting point for the development which is within the countryside (i.e. land not zoned for development) is therefore General Policy 3, paragraph (f) which allows exemptions for agricultural buildings and Environment Policy 15, which requires, firstly the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.

• 7.2.2 In the current case, it is noted that the site is within an area not zoned for development with the exceptions within General Policy 3 (f) considered to be applicable given that the proposal has significant agricultural elements. The applicant has also provided information within the Planning Statement and Agricultural Needs document to demonstrate the need for the building to help support the continued operation and growth of the applicant's small agricultural holding which supports both livestock and arable forming on the site. This information also indicates that the land is in active agricultural use, and that the building which is the subject of the planning application is the only farm building associated with the holding; providing lambing space, storage of some livestock and storage of equipment and machinery. Therefore, it is considered that principle of the development is considered to be acceptable and will help to support the continued growth of a farming business which provides local produce contributing to the Islands economy and working towards the aims of the DEFA Food Matters Strategy in growing the economic contribution of the Isle of Man food and drink from 2015 -

2025.

• 7.2.3 With regard to the principle of the stable building, the planning policy section of this report highlights that there is provision within planning policy for equestrian related development as an exception to the presumption against development in the countryside. As identified within the Isle of Man Strategic Plan 2016 equestrian activities have become increasingly popular in rural areas and on the fringes of our towns and villages. Such activities can generally take place only on open, rural land.
• 7.2.4 From the information submitted, and from visiting the area it was evident that the reasons for the building in this location would appear justified, particularly as it would provide housing for the applicants two horses. Moreover, the scale of the proposed stable would be appropriate for the intended use.

- 7.3 VISUAL AND AMENITY IMPACT

• 7.3.1 The agricultural building on site is of a fairly typical style for agricultural buildings and would not be uncommon in the rural landscape. The size, scale and siting of the structure close to the existing building group on site would also ensure that the sit amongst the existing built development on the farm holding so as to be read in conjunction with these buildings, limiting the spread of development across the countryside.
• 7.3.2 Whilst the building is sited close to the boundary with the highway, the existing mature landscaping and trees on the western and southern boundaries of the site would ensure that the building is not be readily visible from public viewpoints along the highway. The green colour of the external walls would also provide a level of camouflage in its current location among the trees on site. Besides, its appearance would generally be in keeping with the design of agricultural buildings found within most farm holdings in the area. As such, any views attainable would not be at variance with the general character of the area.
• 7.3.3 The comments made by the applicants within the Planning Statement regarding the siting of the agricultural building on the footprint of the remains of the former building is noted. However, the Strategic Plan is clear that the definition or applications of previously developed land does not apply to land that is or has been occupied by agricultural or forestry buildings. Thus, it is not considered that erecting the building on the footprint of the previous building holds any weight in this case with regard to facilitating the use of previously developed land, although it is noted that erecting the building in its current location would diminish concerns in terms of the spread of built development to the surrounding countryside.
• 7.3.4 Therefore, the scale, materials, colour, siting and form of the proposed agricultural building is considered to accord with General Policy 3, and Environment Policy 15 for the reasons stated above.

• 7.3.5 In terms of visual impact the proposed stable, it is of a reasonable size and of an appropriate design and timber material finish to reflect its specific purpose. Likewise, it's siting north of the existing building group on site, and enclosed by existing trees, coupled with the mature roadside vegetation would ensure there would be no views from a public perspective. Therefore, it is considered that the stable would be in keeping with the site character, and would be acceptable from a design standpoint. As such, the proposal would satisfy the key tests of Environment Policies 19 and 21, although a condition requiring the building's removal and the land returned to its previous condition should the building cease to be used for the approved use would, in this case, be appropriate.
• 7.3.6 Overall, it is considered that the proposed buildings are situated within an existing group of built development which could constitute the existing farm yard on site, and enclosed by mature trees and vegetation which would serve to diminish any impacts on the character of the surrounding countryside, with their siting, scale, materials, colour, form, such that would further serve to limit their impacts on the site and area. Therefore, the proposals are considered to align with the aforementioned policies related to the proposed agricultural and equestrian proposals within the scheme.

- 7.4 IMPACT ON ECOLOGY/TREES

• 7.4.1 In terms of impacts on ecology or biodiversity within the site, it is important to establish the key ecological and environmental concerns bordered on the removal of trees and vegetation, with the resulting impacts on biodiversity within the site. However, the application has been supported by supported by considerable ecological information which has been commented on and accepted by DEFA Ecosystems Officer and in this respect it is felt that the application has satisfied the principles of Environment Policy 4. No further ecological mitigation is required given the level of mitigation that has already been carried out on site to mitigate for the biodiversity loss resulting from the development.
• 7.4.2 With regard to the loss of a woodland area given that the site is situated within an area zoned as Woodland, it is considered that the development has resulted in the removal of mature trees on site to facilitate the development. However, the DEFA Forestry team have noted that have stated that they have over the years given licences for trees in close proximity of the development, whilst also noting that the reasons for removal were due to the trees condition, not to facilitate development. They further advise that this proposal requires no further tree removal. Thus it is considered that although trees have been removed form site, their removal was not to facilitate the development of the site, and as such the provisions of Environment Policy 3 which seeks to protect woodland areas is met I this case.

- 7.5 IMPACT ON AGRICULTURAL SOILS

• 7.5.1 In terms of the loss of high quality soils in relation to the development, the proposal site does not represent high quality agricultural land (Classes 1 and 2), as the site falls within an area with Class 3 soils on the Agricultural Land Use Capability Map of the Isle of Man, which are not the best soils for cultivation. As such, the development would not result in a reduction of superior farm land. It is, therefore, considered that the agricultural building and stables would comply with Environment Policies 14 and 19.

7.6 IMPACTS ON HIGHWAY SAFETY

• 7.6.1 In relation to the impacts on highway safety, it is noted that whilst proposal is expected to generate some level of traffic relative to its scale of operations, the scale of activities on site (given the nature of the holding), would not be so adverse as to warrant refusal of the scheme on highway grounds. It is also noted that Highway Services have considered the merits of the access to and from the application site from the main highways and find the proposal to have no significant negative impact upon highway safety, network functionality or parking, which confirms that they have no concern with the scheme. Given the above, it is considered that the proposal would not have any adverse impact on the existing highway or upon those users

• entering and exiting the site, and the proposals align with the principles of GP2 (h & i), Transport Policy 4, and EP 19.
• 7.7 OTHER MATTERS

• 7.7.1 Impact on Local Amenity

• 7.7.1.1 In terms of impacts on in local amenity (for nearby residents), it is considered that the nearest property 'Willow Grove', Sandygate, is situated about 111m away from the application site and separated by the existing mature landscaping on the site boundaries. Given the separating distance between the application site neighbouring property and landscaping between, it is not considered that the proposals would adversely affect the amenities of any neighbouring property.
• 8.0 CONCLUSION

8.1 In summary, the proposal is considered acceptable in terms of both agricultural need, equestrian need, highway impacts, soil impacts, and visual impact, and accords with the aforementioned policies of the Strategic Plan. The application is therefore recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

9.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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:…25.03.2024

Signed :……………P VISIGAH………….. 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.