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Part 1 - Case Officer's report
| Consulttee: | Highways Division |
| Notes: | Do not oppose |
| Consulttee: | Lonan Parish Commissioners |
| Notes: | Objection |
| Application No.: | 07/01282/B |
| Applicant: | Mr P A Willers |
| Proposal: | Erection of an agricultural building |
| Site Address: | Ballagawne Farm Ballagawne Road Baldrine Isle Of Man IM4 6EP |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | 16.10.2007 |
| Expected Decision Level: | Planning Committee |
THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises of land to west of Ballagawne Farm on Ballagawne Road in Baldrine, Lonan. The proposed development comprises of the erection of an agricultural building on the application site. PLANNING HISTORY
Whilst the application site and adjoining land has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS
Lonan Parish Commissioners recommend that the planning application be refused on the grounds that there is insufficient agricultural justification for the proposed building.
The Department of Transport Highways Division do not oppose the planning application.
In terms of local plan policy, the application site is located within a wider area of land that is designated as a) open space/agricultural use; and b) high landscape value and scenic significance. There are two policies within the local plan that are specifically material to the assessment of this current 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 purposes."
Policy L/OSNC/PR/7 states:
"Permission for the erection of new buildings 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."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are specifically material to the assessment of this current planning application:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
"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."
"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:
"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."
The planning application seeks approval for the erection of an agricultural building on the application site. Following a request for clarification the applicant has submitted an explanation for the proposal and an assessment letter from the Department of Agriculture, Fisheries and Forestry. The applicant has stated that they do not personally own any farm animals and work the land with help at weekends. They have experienced difficulties in using the existing barn for the storage of hay bales and there are difficulties in altering this existing building due to the height of its eaves.
In terms of assessing the proposed development the assessment letter from the Department of Agriculture, Fisheries and Forestry highlights that the applicant's enterprise is too small to be viewed as an agricultural business, with a labour requirement of 0.26 standard labour units, and that the erection of a new agricultural building would only have some agricultural merit. It is felt that the evidence put forward within the letter from the Department of Agriculture, Fisheries and Forestry does not give sufficient support to demonstrate true agricultural need for a new building in this prominent location. The proposed development fails to demonstrate sufficient agricultural need to justify setting aside the general presumption against development in the countryside and therefore the proposed building represents unwarranted development within the countryside and an area of high landscape value. Notwithstanding the above, it is considered that if there are difficulties with the existing barn due to it size, etc. that a proposal to alter, or erect a new building on the site of, the existing building would be more appropriate.
It is recommended that the planning application be refused.
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:
Decision Made : REFUSED Committee Meeting Date : 15/11/07
| Recommendation | |
|---|---|
| Recommended Decision: | Refused |
| Date of Recommendation: | 22.10.2007 |
| Conditions and Notes for Approval / Reasons and Notes for Refusal | |
| C : Conditions for approval | |
| N : Notes attached to conditions | |
| R : Reasons for refusal | |
| O : Notes attached to refusals | |
| R 1. Due to a lack of sufficient agricultural justification it is concluded that the development proposed by the planning application represents unwarranted development within a) an area of open space; and b) an area of high landscape or Coastal Value and Scenic Significance. As such the proposal fails to accord with policy L/OSNC/PR/7 of the Laxey and Lonan Area Plan Order 2005 and Environment Policy 15 of the Isle of Man Strategic Plan 2007 and therefore is contrary to policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 3, Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2007. |
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