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The application site comprises of a large parcel of land that constitutes the agricultural holding of Ballameanagh Mooar Farm.
The proposed development comprises of the erection of an agricultural building on one of the fields contained within the application site. The planning application is classed as partially retrospective as the applicant is understood to have already undertaken works that are related to the proposed development.
Whilst the overall application site has been the subject of a number of planning applications there has only been one previous planning application that is considered potentially material to the assessment of this current planning application:
Planning application 04/01350/B sought approval for the erection of an agricultural building and creation of cattle handling areas on field 614865 (County Series 2903). Part of Ballameanagh Mooar Farm, Ballameanagh Road, Lonan. This previous planning application was initially considered and approved on the 5th October 2004, with the initial approval decision notice issued on the 7th October 2004. The development permitted by this approval is directly adjacent to the development proposed by the current planning application.
Lonan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the impact of the proposed development is unacceptable within the area and in terms of its close proximity to Ballannette Nature Reserve. They also make comment on the previous planning application and the retrospective nature of the planning application.
The Department of Transport Highways Division do not oppose the planning application.
The Manx Electricity Authority request that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and Environment objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is too remote from the main farm group and that such distance leads to pressure for additional dwellings.
The application site is within a) a wider area of land designated as open space and b) a wider area of land designated as high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. There are two policies within the plan that are considered material to the assessment of the planning application.
Policy L/OSNC/PR/1 states:
"There will be a general presumption against development in areas designated as open space or open space for particular purpose."
Policy L/OSNC/PR/7 states:
"Permission for the erection of new building related to agriculture will only be granted where the Department is persuaded that the building is essential for agricultural purposes and that they comply with the Department's policy guidance on such matters."
As can be seen by the relevant planning policy there is a general presumption against new development in areas of open space, i.e. in the countryside. However there can be instances where it is acceptable to set aside this presumption, such as for buildings that are required for agriculturally justified reasons. As this planning application proposes an agricultural building it is therefore necessary to firstly assess need to establish whether there is reason to set aside the presumption against and then, if appropriate, to examine the specifics of the proposed location of the building.
During the course of the assessment of the planning application a site meeting was undertaken with the applicant. From this it is apparent that a "homemade" structure on the application site will be removed as part of the implementation of the development proposed by this planning application, if it is approved. Therefore, it is reasonable to conclude that a significant proportion of what has been attributed as retrospective would be removed as part of that implementation. It is also reasonable to say that the application site is somewhat untidy, but that this clutter in itself does not constitute development and is not controllable through this planning application. Having said that it is clear that the provision of the proposed building would provide an area to tidy up the site. Following on from the meeting, the Department of Agriculture, Fisheries and Forestry (DAFF) provided the applicant with an assessment of agricultural need based on the farming operation within Ballameanagh Mooar Farm. This assessment has been duly submitted to the planning application and is on the application file. Based on the assessment from DAFF it is understood that there is agricultural justification for the proposed building. Therefore it is accepted that there is sufficient agricultural need to set aside the general presumption against new development in the countryside. It then remains to examine the siting of the proposed building.
The building itself is located within a natural dip in the fields, which serves to limit the visibility of the site from surrounding public vantage points. Whilst the site is remote from the main farm group it is adjacent to an existing agricultural building. It is understood that this siting limits the impact of the animals, their movement and their handling on any known watercourses within the area. It also reduces the need to move animals across the public highway. Accordingly, the site for the proposed building is considered to be appropriate and acceptable.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Society for the Preservation of the Manx Countryside and Environment.
Recommended Decision: Permitted Date of Recommendation: 23.10.2006
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of two years from the date of this notice.
C 2. This approval relates to the location plan and agricultural building specifications date stamped the 30th June 2006.
C 3. Prior to the erection of the building hereby permitted the unapproved structure must be taken down and removed from the site in its entirety.
C 4. The building must only be used for agricultural purposes.
C 5. The external colouring of the building must match those of the existing adjacent building.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made: Permitted Date: 24.10.2006
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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