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Application No.: 21/00130/B Applicant: Ballagawne Farm Ltd Proposal: Erection of an agricultural building Site Address: Field 414754 Ballakilpheric Farm Ballakilpheric Colby Isle Of Man IM9 4BT Principal Planner: Miss S E Corlett Photo Taken: 12.03.2021 Site Visit: 12.03.2021 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.05.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
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.
This application has been recommended for approval for the following reason. The proposal is considered to accord with Environment Policies 1 and 15 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the site and location plans received on 2nd February, 2021 and the elevations and plans received on 27th April, 2021. _______________________________________________________________
The Department of Infrastructure's Flood Risk Management Team are a Government Department which raises material considerations and should be afforded Interested Person Status. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site as defined in red is the footprint of a proposed building within a farm holding, which is defined in blue all of which lies on the north western side of the junction of the Ballakilpheric Road and road (U66) which serves a number of houses before becoming footpaths which head north west and south west to Ballacorkish (PROW 293), and the Cronk e Dhooney Road which also serves a small number of houses before turning into a footpath which heads, in this case, south east (PROWs 287 and 288). - 1.2 The junction of these roads has a chapel on the north western corner, a dwelling, "Crow's Nest" on the south western corner. - 1.3 Ballakilpheric Farm sits to the north and west of the chapel and comprises a farm group with a traditional Manx cottage with much more modern, larger span farm buildings which can be seen from further up the Ballakilpheric Road. These buildings sit opposite, to the north, of Geay Vorrey and partly in front of Keeill Cottage. THE PROPOSAL
2.1 Proposed is the erection of a free standing building to the north of Keeill Cottage and Geay Vorrey but further north than the existing building which sits opposite them. The plans submitted are basic but demonstrate that the new building will be just over 5m to the ridge (3.66m to the eaves) and its footprint will be 36.56m by 12.2m and the building will be finished in fibre cement roof sheeting with Yorkshire boarding at the lower levels of the long and western sides of the building and the eastern gable open. - 2.2 The ground will be excavated by up to 1.2m to set the building into the site slope. The building will be 40m from Keeill Cottage. - 2.3 The application includes a supporting statement which explains that the farm is tenanted by Ballagawne Farm Ltd which are principally a dairy farming business based at Ballagawne Farm and currently milk 240 cows and rear the calves for replacements or for beef and they also purchase more beef cattle annually for the local beef market. They have leased the application site farm for the last ten years and this is set to continue. The overall land holding is 544 acres all of which is leased on a medium to long term arrangements. They calculate the labour requirement for the land as 7.14 units and is Red Tractor Farm Assured and supplies milk to Isle of Man Creameries and beef to Isle of Man Meats. - 2.4 Currently, they consider that there is insufficient stock housing facilities and as a result some stock has to be outwintered on winter forage crops which results in increase labour demand to move fences and there is associated soil damage and risk of erosion. - 2.5 They confirm that all material excavated will be retained on site and will contribute to a soil bank to help screen the building and limit the effect of the weather. Roof water will drain into the existing drainage system. - 2.6 They estimate that the enterprise requires around 3300 sq m of housing of which the application building will provide 446 sq m which will mean that some animals may still need to be outwintered but at a lower density. They consider the application building to be critical to the improvement of the farm operation and livestock performance and reducing environmental risk and allowing the farm to maximise its available grazing.
3.1 The site lies within an area designated on the Area Plan for the South (2013) as not for a particular purpose and where there is a presumption against development as set out in
Port Erin and Port St Mary (D15) The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes. Key Views Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill.
3.20 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Undulating Lowland Plain Landscape Area: E9 (Bay-ny-Carrickey), A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), F8 (Poyll Vaaish and Scarlett Peninsula)
3.3 Agriculturally justified development is one of the exceptions set out in General Policy 3 to the presumption against development in the countryside. Further advice is provided in Environment Policy 15 as follows:
"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."
4.1 Planning approval was granted for a new agricultural building under 05/01045/B but this was not implemented. The farm group was expanded in 2000, 2001, 2002 and 2005 by the erection of extensions to the main building which sits to the north west of Geay Vorrey. The most relevant of these extensions is that closest to Geay Vorrey which was approved on appeal/ 04/00006/B was initially refused for reasons relating to the impact on residential impact of those living opposite and was opposed by the occupants of Keeill Cottage who appealed the decision on review to approve the application. The inspector hearing the appeal concluded that from his inspection of the site it was "an efficient and well run agricultural enterprise" and although there was a row of houses opposite it was generally set in open countryside where "farming should be encouraged, amongst other reasons for the important of farming activity in terms of care of the countryside". He considered that the building would not increase the amount of hay and animal hair in the air but recommended a condition which required that the building not be used for the housing of cattle. This recommendation was accepted by the Minister who approved the application subject to a condition which requires that "The building hereby approved shall not be used for the housing of cattle". REPRESENTATIONS - 5.1 Neither Highway Services nor Rushen Parish Commissioners have any objection (23.02.21 and 20.02.21).
5.2 Department of Infrastructure Flood Risk Management Team have no flood risk interest in this application (23.03.21). ASSESSMENT - 6.1 The issues in this case are whether the proposed development would have an adverse impact on the character and appearance of the countryside (EP1, EP15 and the Area Plan) and secondly, whether there would be any adverse impact on the living conditions of those living nearby (EP15), particularly given the planning history of the site.
6.2 The proposed building is next to and amongst an existing building group and part of an active working farm. The building would be visible from the properties opposite and the highways and footpaths alongside but not considered to be prominent or intrusive given the setting (EP1). Whilst there are dwellings nearby, they are lower and the proposed building is separated from them by the building which was approved under 04/00006/B. It is therefore concluded that there would be no adverse impact on the living conditions of those in the nearby dwellings (EP15). Given this distance and intervening buildings it is not considered that a condition is required regarding the use of the building as there was with 04/00006/B. CONCLUSION - 7.1 The proposal is considered to accord with Environment Policies 1 and 15 of the Strategic Plan. Whilst it is sometimes appropriate to add a condition which requires that the building is removed if it ceases to be used or needed for agricultural purposes, in this case there are many other buildings around it which are not so controlled and as such it is not considered necessary in this case. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management 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 : Permitted Date : 13.05.2021 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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