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Application No.: 20/01103/B Applicant: Mr Joseph Wood Proposal: Erection of an agricultural building Site Address: Field 124817 Ballacallum Red Gates The Lhen Andreas Isle Of Man Senior Planning Officer: Mr Jason Singleton Site Visit: 08.12.2020 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 23.12.2020 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. It is considered the proposed building given the lack of agricultural need, and its size within the countryside would result in a detrimental visual impact and harm to the character and quality of the landscape contrary to General Policy 3; Environment Policy 1,2, & 15 of the IOM Strategic Plan and recommended for refusal.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is part of field 124817 (2.5 acres) and forms part of the land associated with the dwellinghouse called, 'Ballacallum Red gate', The Lhen Andreas. The land holding extends to 20 acres and on site and contains the principle dwellinghouse, a single storey barns in Manx stone and a large shed steel framed shed to the east of the dwellinghouse. - 1.2 The site sits in a remote part of the countryside and is accessed via a private track from the coast road. The property is approx. 300m as the crow flies from the highway and looks over the Lhen trench. - 1.3 On site with in the residential curtilage are a range of traditional single storey stone built buildings with low pitched roofs which have been converted to allow for dry storage as part of the residential use of main house. Also is a steel framed building (13m x 9m) which is
used as a garage and storage area for gardening tools for the up keep of the gardens, land and orchards.
2.0 THE PROPOSAL - 2.1 Proposed is the erection of an agricultural building, measuring a footprint of 22.82m long x 9.1 wide and 3.65m to the underside of the eaves. To the front elevation (south) and rear ( North) would feature a roller shutter doors. - 2.2 The design of this proposed building would have pre-cast concrete walls to the lower proportions and the upper proportions cladded with vertical lengths of tanalised timber in a Yorkshire boarding effect. The roof would be grey fibre cement corrugated roof sheets with 5 roof lights installed on each pitch at regular spacing along the roof. Internally the building would be open plan. - 2.3 The application is supported by an agricultural statement prepared by a rural business consultancy which states, the current owners have recently acquired the property and are in the process of registering the agricultural business with DEFA and aim to apply for the Agricultural Development scheme in 2021. They wish to invest in high value Valais Black nosed Sheep (Swiss mountain Sheep) which are not common on the island. Initially growing the farming enterprise to 40 breeding ewes plus followers. The labour unit would equate to 0.19 standard labour requirements but is envisaged to be far higher due to the values involved and scale of operation. - 2.4 The proposed building measuring 22m x 9m will be used for the housing of the ewe flock through winter and at lambing times (March and April), the storage of hay and bedding and also some machinery. The space calculations for breeding ewes, associated hay and straw storage plus general work area for the storage for tool, equipment (tractor etc) will require approx. 208m2. The barn will provide 209m2. To the south of the front elevation the drawings indicate this area to be a yard area. - 2.5 Also proposed is the engineering landscaping works to reduce the level around this area to the level of the residential curtilage, to allow for a level work area within the yard and the soil remove utilised for levelling up other areas. This material will also be used to create a hedge around the building and finished to allow the grass to grow over and planted with bushes and plants. This area will then be fenced off with stock proofed fencing.
3.0 PLANNING POLICY - 3.1 In terms of land use designation the application site is located within a wider area of land that is designated as; "white land" or land not zoned for development / agricultural land and within an Area designated as High Landscape or coastal Value and scenic significance on the Town and Country Planning (Development Plan) Order 1982. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. As the land is not zoned for development General Policy 3 would be applicable; - 3.3 Development will not be permitted outside of those areas which are zoned for development on the appropriate area plan with the exception of;
3.4 Spatial Policy 5 states; New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3
3.5 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 overriding 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. - 3.6 Environment Policy 2 states: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
3.7 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."
3.8 The Town and Country Planning Act 1999, Section 45, defines; "agriculture" includes 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".
4.0 PLANNING HISTORY - 4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
5.0 REPRESENTATIONS - 5.1 Andreas Parish Commissioners were contacted by letter on the 07/10/20 inviting comments at the time of writing no comments had been received. - 5.2 Highways Services commented (20/10/20) to advise the do not object.
5.3 DEFA Inland fisheries commented (21/10/20) do not object but advise a sediment control measures are to be in place to mitigate and issues downstream. They further advise consent will be required from the MUA and attach a "Application for consent for works affecting water course".
6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are;
i) Principle of development
6.2 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3. Paragraph (f) allows exemption for agricultural buildings in the countryside, subject to the agricultural or horticultural need for a new building, which is deemed sufficient to outweigh the general policy against development in the countryside. - 6.3 The use of land for agriculture is set out in section 45 of the Town and Country Planning Act 1999 at para 3.8, which lists the type of activities and used. However, the storage of; "associated hay and straw plus a general work area for the storage of tool, equipment (tractors etc)" does not come within the definition of agriculture.
6.2 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F which allows exemption for agricultural buildings and Environment Policy 15, as the first paragraph 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 The applicants agent has provided a supporting statement that the existing stone buildings are deemed to be unsuitable for modern agriculture due to the lack of suitable ventilation and access arrangements. The existing steel framed building is used as part of the residential curtilage and is unsuitable for modern farming as is not ventilated and also has restrictive access for modern farming machinery. - 6.4 At the time of writing the current the applicants are not registered agricultural operators (verified with DEFA's Agriculture & Lands Directorates) nor are they any sheep associated to the applicants. Also advised through DEFA was the two fields 124406 (2.5 acres) & 124405 (2.4 acres), which are within the applicant ownership, are utilised by another individual where there is a sheep holding registered by those who do not live in the immediate area and there are no buildings on either of these fields. Furthermore, Hill sheep by definition don't tend to be lambed indoors as advised by DEFA. On balance, the department is not satisfied there is sufficient agricultural need to comply with General Policy 3(f).
6.5 The main aspect here is whether the proposed building would be considered to have a detrimental impact on the countryside. The aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1, 2. Having considered the justification we turn to the siting of the building, Environment Policy 15 notes the proximity of the proposal should be sited as close the farmstead as possible and be appropriate in terms of scale, materials, colour, siting and form to ensure they are in keeping with their surroundings. - 6.6 With this in mind, the siting and location of the new farm building are two of the most important factors to consider in the context of this application. It is noted from the submission details the current buildings are all clustered together in close proximity to the dwellinghouse
house and are various shapes and sizes with nearest building construction of a large metal framed building, cladded with corrugated metal sheeting.
6.7 The chosen location is immediately adjacent to an existing building, and in principle could 'tie-in' to the existing on the east elevation but it is whether there is material harm to the countryside by the introduction of an additional massing of a building and further landscaping works. - 6.8 It is accepted the building would be some way from the main public highway to the south but just because it is not visible isn't an automatic right to be permitted, albeit any distant views could be read in the context of the rural landscape amongst existing buildings. The size of the building would have a footprint of 22.82m long x 9.1 wide and 3.65m to the underside of the eaves, and 5.5m to the ridge. This gives a footprint of 207m2. The existing building adjacent is 13m x 9m giving a footprint of 117m2. For context, the proposal would be 56% larger than the existing (for where there is no agricultural justification) and would be more prominent in this setting. - 6.9 By way of its size, and scale, the building would inherently increase the built development in this area and its visibility within the context of this part of the countryside contrary to Environmental Policy 15 where new development in the countryside should be sympathetic to the landscape and built environment of which they will form a part. It is further considered that this impact and any proposed landscaping / engineering works around it, would be greater than without it being there, thus creating an incongruous feature, much to the detriment of the character and quality of the countryside contrary to Environmental Policy 1 and 2.
7.0 CONCLUSION - 7.1 For the above reasons, It is considered the proposed building given the lack of agricultural need, and its size within the countryside would result in a detrimental visual impact and harm to the character and quality of the landscape contrary to General Policy 3; Environment Policy 1,2, & 15 of the IOM Strategic Plan.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 21.01.2021 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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