Loading document...
Application No.: 15/00160/B Applicant: John Potts Proposal: Erection of an agricultural storage building with field access and hard-standing Site Address: Field 214380 Upper Ballacrye Sandygate Ramsey Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 24.02.2015 Site Visit: 24.02.2015 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The site is Field 214380, Upper Ballacrye, Sandygate is a parcel of land (approximately
2.8 acres) which is located to the northern side of the A13 road and east of Sandygate. The site is accessed via a farm lane which runs from the A13 road in a northerly direction for approximately 200 metres. The track also serves the residential properties Ballacrye and Upper Ballacrye. The track also serves an existing agricultural barn which is immediately to the south of the application site.
1.2 The residential property Upper Ballacrye is also within the ownership of the applicant.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of an agricultural building. No justification has been provided why the building is required, its size and/or position. The building would have a width of 15.3 metres, a depth of 6 metres and a ridge height of 3.8 metres. The proposal would be finished with part concrete panels at the lower section and the upper section in profiled metal sheeting. Access to the building would be via a door opening 3 metres in width and 2.7 metres in height to the eastern elevation. - 2.2 A new entrance to the site would be created and would gain access onto the existing lane. This would involve the removal of part of the existing sod banking and a new 4 metre steel gate installed. The new entrance would access onto a new area of hardstanding which would front the proposed building.
3.1 The site is not designated for development under the Isle of Man Development Order 1982. - 3.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policies are relevant in the consideration of the application:-
3.2 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. 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." - 3.4 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 The previous planning application is considered relevant in the assessment and determination of this application: - 4.2 Erection of an agricultural building - 07/00240/B - Field 214380, Upper Ballacrye, Sandygate - APPROVED - 4.3 Erection of agricultural building for horses and cattle - 01/00839/B - REFUSED on the following grounds: "R 1. The proposed new building is of a size, form and construction that would encourage future use as a dwelling, which would be contrary to established planning policy in respect of
residential development in the countryside. There has not been sufficient need for a facility of this type demonstrated as to outweigh the above concern."
5.1 Jurby Parish Commissioners (received on 26.03.2015 ) have objected to the application for the following reason: "As they consider there is no justification for such building because there is no agricultural land attached to the property." - 5.2 Highway Services have no objection (received on 12.03.2015).
6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential for the conduct of agriculture or forestry. - 6.2 Environment Policy 15 also needs consideration, as the first paragraph of this policy requires first 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. - 6.3 No agricultural justification has been provided, nor any reasons for the building. The building measuring 15.3 metres in length and 6 metres in depth also appears rather large for a rather small land holding. Accordingly, at this time there is no justification for the proposal and therefore contrary to this aspect of Environment Policy 15. - 6.4 It is also noted that planning approval of the adjacent agricultural barn (07/00240/B) also included the current application site and the dwelling Upper Ballacrye. This land and the proposed use of the building for agricultural activities where considered to have sufficient agricultural justification. At this stage the landholding was not substantial nor did the applicant have a significant amount of livestock (20-30 sheep with potential for adding suckler calf rearing in the future). However, on balance it was considered acceptable. It now appears from the information provided that the original applicant (Mr M J C Quaye) has sold this parcel of land and Upper Ballacrye to the current applicant, but did not include the originally approved agricultural building and additional land which he owned at the time of his approval. This raises additional concern that allowing an additional barn to a relatively small site, which has already been used for justifying an agricultural barn would just result in a proliferation of development in the countryside. It should also be noted that approval was before the adoption of the IOM Strategic Plan. - 6.5 Putting to one side the justification and considering the siting of the building, again there is concern. Environment Policy 15 states that:
"…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."
6.6 The policy goes on to state:
"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."
6.7 This proposal would be positioned between the residential property Upper Ballacrye approximately 60 metres to the north and the existing agricultural barn approximately 25 metres to the south. The proposal would be apparent when viewed across fields 21130 and 214380 from the A13 to the southwest of the site. The lower part of the barn would be partially screen from existing landscaping and the applicants have proposed evergreen trees and shrubs to screen the building from these views. However, there are concerns that given the distance from the closest buildings in the area, the proposal would appear isolated and not relate to either Upper Ballacrye or the existing agricultural building. Therefore it is considered the siting of the barn would therefore appear as an isolated building within the countryside contrary to Environment Policy 15. - 6.8 It is noted that if the application is approved a condition should be attached for a more native type of tree planting rather than evergreen, which they appear out of character in the countryside setting being non-native. - 6.9 In terms of the design and finish of the barn only, it is considered the proposal would be acceptable.
7.1 For these reasons set out in this report, it is considered the proposal would contravene with the relevant policies as indicated within the Isle of Man Strategic Plan and therefore it is recommended that the application be refused. - 8.0 PARTY STATUS
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommendation
Recommended Decision: Refused Date of Recommendation: 26.03.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
R 1. The Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside of areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provisions of General Policy 3, part (f) and Environmental Policy 1 & 15 of the Isle of Man Strategic Plan 2007.
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 : Refused Date : ..30.03.2015 Determining officer (delete as appropriate)
Signed :……………M GALLAGHER.. Michael Gallagher Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
