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Application No.: 22/00201/B Applicant: Mr Michael Kinvig Proposal: Erection of a replacement agricultural building Site Address: Ballakissack School Lane Santon Isle Of Man IM4 1EG Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.07.2022
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.
Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
This application has been recommended for approval for the following reason.
The proposal is considered to be acceptable in terms of the agricultural need satisfying General Policy 3, and the proposed buildings scale, materials, colour, siting and form would be in accordance with Environment Policy 1 and 15 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to drawings received on 24th February 2022, referenced; 1, 2, 3, 4, 5, 6. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is referred to as Ballakissack Farm, School Lane, Santon. The farm is characterised by a number of agricultural buildings clustered together and a detached dwellinghouse. Access to the dwellinghouse and the farm buildings is via a track that extends to 400m in length off the A5 Douglas to Castletown Road. The farm buildings sit to the north of the A5 highway. - 1.2 The farm encompasses some 356 acres which is laid to grass for grazing livestock and a further 40 acres are placed in cereals annually. The agricultural business is currently centred on 155 high yielding pedigree dairy cows with 20 suckler beef cows and their 210 you stock. In addition there are also 33 breeding ewes and 2 breeding sows. The farm business has a labour requirement of 4.91 standard labour units. - 1.3 The existing agricultural building subject to this assessment is metals framed buildings with masonry walls and timber cladding above. The use of the building is as a milking parlour that the agent notes is nearing the end of its functional life and due to its location, in an old stone building, there is insufficient room to accommodate the larger parlour that is proposed. The current milking parlour milks 7 a side whereas the proposed parlour will milk 14 each side. - 1.4 The existing buildings on site are currently used for livestock housing. Including some cow cubicles and also loose housing for bulls etc.
2.0 THE PROPOSAL - 2.1 Proposed is demolition of the existing built agricultural building and in its place the erection of a new built agricultural building with modern day openings, feed barriers and larger open areas internally. This building will be flanked by existing agricultural buildings both sides, essentially this is a replacement infill building. - 2.2 The agricultural building measuring a footprint of 36m x 9m with a height to the eaves of 4.5m and an overall ridge height to match those of the existing. This building would be constructed from a steel 'portal' frame and cladded with some concrete wall to the lower proportions and timber 'york' boarding in a vertical format to the upper proportions. - 2.3 The roof would be profiled grey fibre cement sheets and would feature 16 roof lights (8 per slope) for natural illuminance and the only opening are to the front (West) elevation facing the existing agricultural barns. - 2.4 The proposed building is to be utilised for the installation of a new milking parlour and cattle handling area…The installation of a new parlour will reduce the current milking time of 6 hours (daily) to approximately 3 hours (daily)…The new building will replace two lean-too type buildings and allow for improved cow flow, both for cows entering the parlour and cows exiting…The improved stock handling area will allow for the stock to be handled in good facilities, improving the management and performance of the stock that are safe and secure for the people involved.
2.5 The agent notes;" the proposed building will improve the milking efficiency of the herd, reduce the time spent milking the cows which is critical for cow and human welfare along with the safe. This investment is a considerable investment into the future of the business and essential for the future of this family farming dairy unit to progress".
3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is noted on Map 3 of the Area Plan for the East as an area recognised as being within white land or land not zoned for development or not for any particular purpose and within an area of 'Incised Slopes' as part of the Landscape assessment. The intention of the latter is to protect the countryside and its rural character. - 3.2 The site is not within a Conservation Area or within an area identified as flood risk. There are no defined registered trees or registered trees areas on the Govt maps. - 3.3 Within the adopted Isle of Man Strategic Plan 2016, the following policy are considered to be the pertinent relevant policy in the determination of this application:
3.3 General Policy 3f - Exceptions for Development in the countryside for agriculture - 3.4 Environment Policy 1 - Protection of the countryside and its ecology - 3.5 Environmental Policy 15 - visual impact of any buildings
3.7 Environment Policy 22(iii) - Environmental Harm through vibration, odour, noise and light - 4.0 PLANNING HISTORY
4.1 20/00595/B - Erection of barn and lean to.
4.2 PA 93/00311/B for Erection of portal-framed agricultural building, Ballakissack Farm, Santon. (Approved) - 4.3 PA 96/00356/B for Erection of an agricultural building, Ballakissack Farm, Santon. (Approved) - 4.4 PA 05/92187/B for Erection of a slurry store. (Approved) - 4.5 PA 08/00884/B for Erection of extension to existing agricultural building. (Approved) - 4.6 15/01038/B for Erection of an agricultural building. (Approved). The building which would be the subject of the current application would be situated northeast of the building approved in this application.
5.1 Santon Commissioners has not commented at the time of writing.
5.2 Highways Services do not object (No Highways Interest) 11.03.22 - 6.0 ASSESSMENT
6.1 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1 and General Policy 3 of the Strategic Plan. The starting point for any development within the countryside (i.e. not zoned for development) is therefore General Policy 3, paragraph F which allows exemption for
agricultural buildings and Environment Policy 15, which requires, firstly the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside. Then further assessment to ensure the built form is appropriate in terms of size, scale material and colour with siting and form that is sympathetic to its surroundings without being detrimental to the character and appearance of the countryside. This is also underpinned through Environmental Policy 1 to ensure any development does not adversely affect the countryside.
6.2 The applicant has provided details through their agricultural agent to confirm they "the farmer/ owner", of land buildings who lives within the farm holding. The site is an active farm with its land holding of 356 acres of land. The farm currently operates a dairy farm with continuous milking with a dairy herd 155 cows with 20 suckler beef cows and their 210 you stock. In addition there are also 33 breeding ewes and 2 breeding sows. The main farm buildings and dwellings are all clustered together and at the centre of the farming lands as noted on the land ownership plan submitted as part of this proposal.
6.3 Having visited the site, it is confirmed this is an active farm and the buildings on site area currently being used for agricultural purposes for the husbandry of animals and for their support (storage of feed, hay and farm equipment). As such the principle of a replacement farm building for the welfare of animals, in this case a modern milking parlous to increase capacity of milking on this site building would accord with GP3f where its use would be used for the conduct of 'agriculture'.
6.4 Having considered the justification and its broad acceptance in principle, we turn to the siting of the building. Environment Policy 15 notes the proximity of the proposal should be sited as close the farmstead as possible and be appropriate in terms of scale, materials, colour, siting and form to ensure they are in keeping with their surroundings. In this case the proposal would be of the same style or method of steel frame construction and level of finish using the Yorkshire boarding timber sheets to clad the vertical elements and roof pitches would be seen to match that of the existing farm buildings. - 6.5 The location would be sited close (infill development) to the existing group of farm buildings, and (approx.40m) from the applicants farm house and would be considered appropriate for its intended use for the husbandry of animals/ milking parlour, as noted in section 2. The proposed building would be suitable for its intended use in accordance with Ep15. Visual Impact on the countryside - 6.6 The siting of the proposed building as noted above would confirm the location is not one of open countryside but would be read within the context of an existing working farm to which planning policies support for the placement next to existing building groups and replacing an existing building. From the highway the building would be read amongst other agricultural buildings of similar type, size and colour, if viewable from the highway. The addition of this proposed building and its use would confirm to the guidance given in EP15 where it would not be considered to have any detrimental impact upon the wider countryside (EP1) or would not be considered to harm the character and quality of the wider landscape designation of TAPE. Impact on the residential amenity - 6.7 The later paragraph of Ep15 refers to the potential conflicts of siting of agricultural buildings near residential properties, which is further supported through EP22 that deals with statutory nuisances. Firstly, in considering the farm dwelling closest to the proposed building (Applicants Farm House) this would be approx. 40m away but given the current farm layout their residential curtilage. As such the proposal would not be eroding any amenity space of the dwelling and is close enough to allow the owners, who farm the land to be on hand where they
7.1 The planning application has been designed to ensure its siting and appearance has no adverse impact on the character of this site and the wider countryside, or that of the neighbouring property, which has been recommended for approval. - 8.0 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 : 19.07.2022 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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