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General Policy 3; Environment Policy 15. ### Planning History There have been a number of previous planning applications relating to the site, the following of which are considered relevant in the consideration of this application: PA 05/02006/B - Repair and widening of existing / former tracks, and creation of new tracks, and repair to hedges, Fields 314585 314586 314583 314582 315141 315142 W Of Ballig Bridge And N of Poortown Road, St Johns. Decision split at Appeal. (a) Retention of tracks carried out before 7th August 2006 to the south of point on the plan, subject to the condition set of in para. 28 of the Inspectors report – Approved. (b) Retention of engineering works beyond (i.e. North and East of) point B on the plan and the construction of new tracks – (clarifies as, the retention of the remaining works which have already been carried out, and for the works not so far constructed – Refused. PA 00/01611/B – Erection of agricultural building – Refused at Appeal, 8th February 2002. PA 99/00772/B – Infilling of quarry hole, filed 2486, Ballig, German – Refused 30th November 1999. PA 99/00671/B – Repairing farm roads with surplus waste stone and disposal of excess, fields 2440, 2441, 2443, 2486 and 2489 at Ballig, German – Refused at Review 17th September 1999. ### The Proposal The application seeks approval for the construction of an agricultural building. The building would be 12m x 8m, for housing animals, food storage machinery and workshop for machinery. ### Representations German Parish Commissioners recommend that the application be refused on the grounds that the land is not viable as an agricultural holding and that part of the land is used as a composting facility. The land used as a composting facility is outside the application site, but identified as within the ownership/control if the applicant. The Manx Electricity Authority advise of no objection subject to conditions and no comments have been received from the Department of Transport Highways Division. ### Assessment A pre application meeting was held on the application site in August/September 2006, with a subsequent meeting held in the offices of the Department of Local Government and the Environment in September 2006. A letter was sent to the applicant at that time, indicating that in principle the proposal discussed was considered to be acceptable. Since that time, various issues have arisen relating to an area of land indicated as being within the applicant’s ownership and/or control relating to a composting facility. This area of land is outside the application site. The proposal indicates the construction of an agricultural building with maximum length 12m and width 8m, constructed in profile sheeting which would be used to accommodate livestock, and agricultural machinery. The building would be sited at a lower level than the sloping site with a ‘cut and fill’. Levels have been submitted in relation to the FFL. At the time of the last visit to the site, livestock were accommodated in a field to the west of the application site with no covered accommodation. At the time of the previous application, it was considered that insufficient need had been established to warrant the erection of buildings on the site – the previous application although described as “erection of agricultural building” included a proposal for an agricultural building of 13.7m x 18.3m, a "Nissan Hut" of 12.6m x 17m and widening of an existing access onto Poortown Road. This application proposes a single building of reduced scale, and no widening of the existing access, although the proposal would necessitate the resurfacing of the existing track, which would not require planning permission, if re-surfaced with hardcore. Additional information has been sought and received from the applicant and the Agricultural Field Officer of Department of Agriculture, Fisheries and Forestry. The applicant advised that Ballaneven is a registered producer with the Isle of Man Fatstock and that he bred and reared Beef Cattle. Cattle were present on an adjacent site during a subsequent site visit. Advice received from the Department of Agriculture, Fisheries and Forestry would appear to contradict this information in that although Ballaneven is a registered Holding with the Animal Health Department, no cattle have ever been registered as being born on the holding, or moved to or from the holding; its is a legal requirement that all cattle births and movements are registered with the Department of Agriculture, Fisheries and Forestry. The conclusion reached by the Agricultural Field Officer was that "It is therefore reasonable to conclude that Mr Kneen does not personally keep cattle at Ballaneven". In addition, they were unable to identify Agricultural subsidies ever having been paid to a Mr J Kneen of Ebor, Peveril Road or Mr J Kneen of Ballaneven. Finally, DAFF advise that the majority of the land identified by the applicant as part of the planning application as being within his ownership or control, has been farmed under an Annual Tenancy by an independent third party farmer. In conclusion, it is considered that insufficient need has been demonstrated to warrant the granting of approval for a building in the location indicated on land that is not zoned for development. ### Recommendation It is recommended that the application be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: German Parish Commissioners Manx Electricity Authority ### Recommendation Recommended Decision: Refused Date of Recommendation: 08.05.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
It is considered that insufficient need has been demonstrated to warrant the granting of approval for a building in the location indicated, on land that is not zoned for development, contrary to the provisions of General Policy 3 of the Isle of Man Strategic Plan.
Decision Made : ... Committee Meeting Date : ...
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