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Application No.: 07/01843/R Case Officer : Mr A Holmes #### Consultations {{table:187442}} {{table:187443}} {{table:187444}} #### Representations {{table:187445}} {{table:187446}} ### Planning Applicant: Mr J McCracken Proposal: Erection of an agricultural building Site Address: Field 614865 (formally 2903) Ballamenagh Moar Farm Ballamenagh Road Baldrine Isle of Man **
The application site comprises of a parcel of land located within field 614865 (formerly 2903), which is located off Ballamenagh Road in Lonan.
The planning application seeks approval for the erection of an agricultural building on the application site. The application is made retrospectively as the proposal effectively represents amendments to the building previously approved under planning application 06/01122/R and the applicant has already undertaken the proposed development.
There have been two previous planning applications that are considered to be specifically 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 Moar 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.
Planning application 06/01122/R sought approval for the erection of an agricultural building on field 614865 (formerly 2903), Ballamenagh Moar Farm, Ballamenagh Road, Lonan. This previous planning application was considered and approved on the 24th October 2006, with the approval decision notice issued on the 25th October 2006.
Lonan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern regarding the level of detail contained within the planning application and the impact on the rural landscape.
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 regarding the location of the development and its physical appearance.
The Manx Wildlife Trust objects to the planning application. The grounds for their objection can be summarised as concern regarding the visual appearance of the proposal and the potential implications of the use of the building on wildlife. They also refer to conditions imposed on a previous planning application.
The owners of Ballannette Trust, whose land is approximately 200 metres south east of the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the quality of the submitted planning application, the visual impact of the proposed development and the potential implications of the use of the building on wildlife.
The owner and/or occupant of Ballaclague House, which is located approximately 500 metres south east of the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding the quality of the submitted planning application and the visual impact of the proposed development.
In terms of land use planning the application site is located within wider areas of land that is designated as a) open space and b) 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."
In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered 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 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. The application is made retrospectively and effectively represents an amendment to the building previously granted approval through planning application 06/01122/R. Whilst the quality of the planning application is limited it is sufficient to allow an assessment of the proposal, particularly as the application is retrospective and the building has already been erected. The planning application has been sought as the
initial step in potential enforcement action and it is concluded that the current application submission is the best that can be anticipated from the applicant.
In terms of assessing the proposal it has to be recognised that the planning approval has been previously granted for agricultural buildings in this location. Indeed, planning application 06/01122/R granted approval for a slightly larger building on the site of the building proposed by this current planning application. Fundamentally the development proposed by the current planning application is a smaller revision of the building granted approval through previous planning application 06/01122/R. The agricultural need for a building was established with previous planning application 06/01122/R and is therefore considered justified. Given the reduction in overall size it is logically concluded that the impact of the proposed development is less than that of the previously approved development. On such basis it would be illogical and unreasonable to refuse the current planning application on the grounds of visual impact.
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:
Decision Recommended by the Director of Planning and Building Control: Permitted C 1. This approval relates to drawing no.s 1843/1, 1843/2 and 1843/3 date stamped the 3rd October 2007. C 2. The building must only be used for agricultural purposes.
| 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 |
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