DEC Officer Report

Application No.: 22/00232/B Applicant: Mr Tom Spires Proposal: Erection of agricultural barn and pump house Site Address: Upper Kirkill Ballakillowey Road Colby Isle Of Man IM9 4BW Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 19.05.2023 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. There is no overriding need for the proposed agricultural building, as has been assessed in the preceding sections of this report. No exceptions can be justified within the submission, as required by General Policy 3f, and there is a conflict in the information provided for the proposed building. - R 2. There is insufficient justification for the proposed agricultural building to warrant setting aside the presumption against development outside areas zoned for development and would harm the character and quality of the landscape and as such contrary to General Policy 3f, Environment Policy 1 & 15. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

Manx National Heritage as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status.

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

No. 95 Malew Street as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is Field 410199 & Field 410198, which is a parcel of land associated with Upper Kirkill, which is situated to the West of Ballakillowey Road, Colby. The site encompasses approximately 24 acres, of which the site is accessed via a track access of Ballakillowey Road which also serves "Kirkle Farm and Kirkle Cottage." THE PROPOSAL - 2.1 The current planning application seeks approval for two parts firstly to erect an agricultural barn measuring 20m by 9.4m, with a height of 4.5m. The proposed barn is separated into two sections, one section with is to provide a tractor and farm equipment area, a livestock shed and an animal feed store.

2.2 Secondly the proposal also seeks approval for the erection of a pump house which is to measure 3.5m by 4.6m. - 2.3 No details have been received on what materials either structure is to be constructed out of. PLANNING HISTORY

3.1 There are several applications on the overall site including the following;+ PA88/04427/B - Alterations and extensions to form extra living accommodation and garage PERMITTED PA87/04755/B - double garage and porch - PERMITTED PA90/00374/B - Alterations and extensions - REFUSED PA95/00592/B - Approval in principle to convert garage into living accommodation and erect barn - PERMITTED PA97/01063/B - Erection of five stables and hay store - PERMITTED PA97/01149/B - Conversion of garage into living accommodation - PERMITTED PA02/00797/B - Creation of wildlife pond - PERMITTED

• PA07/01109/B - Alterations and erection of extensions - REFUSED
• PA08/00108/B - Erection of a replacement dwelling - PERMITTED PA08/00332/B - Erection of replacement stable block - PERMITTED

• PA11/00839/B - Erection of a replacement dwelling - REFUSED
• PA11/00840/B - Erection of replacement dwelling - REFUSED PA23/00308/B - Erection of replacement dwelling - PENDING CONSIDERATION PLANNING POLICY

4.1 The site lies within an area zoned as "not for development" on the Area Plan for the South. The site is not within a Conservation Area but parts of the proposal are situated within a surface water, low likelihood, Flood Risk Zone.

4.2 Given the nature of the application it is appropriate to consider General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, Environment Policy 1 which seeks to protect the countryside from unwarranted development and Environment Policy 15 which outline the general design criteria for agricultural buildings. - 4.3 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly." REPRESENTATIONS

5.1 Highway Services have considered the application and state they have no Highways Interest. (17.3.22, 5.4.22, 15.06.22, 5.9.22 & 13.02.23)

5.2 Arbory and Rushen Parish Commissioners have considered the application and objected to the proposal (23.03.22, 29.04.22, 04.07.22, 28.09.22) and whilst a letter was received (21.11.22) to state they were in support of the application, confirmation was requested from the officer in which the local authority confirmed this was incorrectly minuted and they still OBJECT to the proposal. (02.05.23) - 5.3 DEFA Biodiversity firstly wrote in to comment regarding several factors (29.03.22), of which after further details being received, as such they are happy with the proposal but would like to request that a Construction Environment Management Plan and a Habitat Enhancement Plan are received as conditions of an approval. (15.11.22) - 5.4 Manx National Heritage have written in to state that the proposal will result in the loss of habitat and possible orchids and that they suggest a condition be attached to protect the semiimproved and wet grasslands and provide mitigation for the loss of barn sparrow nesting ground when the new barn is completed. (29.09.22) - 5.5 A request was made for comments regarding the both agricultural barn drawings received from the Head of Agriculture (06.04.22 & 28.03.23). - 5.6 The Isle of Man Natural History and Antiquarian Society have written in to object to the proposal and bring up queries regarding the information provided within the application. (24.04.23) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - principle
• - character and appearance
• - pump house

- 6.2 PRINCIPLE

• 6.2.1 When looking at the principle of agriculture in applications such as this where there is a proposed new agricultural development within the countryside, it is necessary to assess whether the principle of the development prior to any other material matter is acceptable, with the starting point for this development being General Policy 3(f) of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential for the conduct of agriculture or forestry.
• 6.2.2 Originally with this application, there was no justification for the proposed barn given, which after a meeting within the office, further information was provided. Firstly in the form of information upon the proposed barn drawings which showed several farm machinery, which are within the applicants ownership and secondly in the form of a Planning Statement and information provided in the form of the Agricultural Building Questionnaire and a Labour Calculation.
• 6.2.3 Having discussed this application from the onset with the applicants, when the house extension was also part of the application, there is the general feeling that at some point, the land will be hobby farmed. Whilst this is the case, the land is currently not being farmed to any extent, with the applicants on the understanding that they need a barn to progress in farming the land and based on the photographs received from the application, the property on the site is currently not habitable, as such the site is currently not being occupied.
• 6.2.4 All too often when looking at proposed agricultural buildings and the need for such a building, weight is put down upon a "chicken and egg" situation. Without an established operation in place it can often be difficult to demonstrate a need for a building while on the other hand applicants want to ensure that they have the appropriate facilities and buildings in place first before investing in agricultural or horticultural paraphernalia or investing in livestock.
• 6.2.5 Often established agricultural enterprises are the sole income of farmers and their livelihood is heavily dependent on their continued and efficient operation. The bigger and more established the farming operation the easier it's likely to be, to demonstrate an agricultural need for a new building to continue the farming operation. This is not to say that smaller farm holdings or start up hobby farms should be discouraged as these can also help contribute to local economy and sustainability, but rather that their agricultural justification is proportionate to the size of the operation and that they can provide sufficient evidence to support the need for any agricultural building.
• 6.2.6 The difficulty with such applications like this one, is that there is a clear want to at some point to farm the land to a standard but the justification is not there. Not only is the land currently not being farmed to any extent, nor at the time of writing this to the knowledge of the officer in the ownership of farm animals.
• 6.2.7 The risk is then that any ad hoc decisions taken on agricultural buildings without sufficient justification of need could lead to an unacceptable proliferation of unwarranted permanent buildings across the countryside which may become obsolete if the intended farming operation does not materialise as anticipated or expected.
• 6.2.8 Any structure positioned within this site would require planning approval. Sometimes in trying to address the chicken and egg situation approval is first sought for a much smaller or less permanent building which meets the basic farming/horticultural needs and once the enterprise becomes more established then consideration can be given to a larger more permanent structure for approval. This was discussed at a meeting with the applicants (among other points of the application), to which it was stated that the size within this application was required.

• 6.2.9 It is increasingly apparent from the information provided whilst there is a want to farm, that there is not sufficient justification or evidence or need has been demonstrated for a building of this size and footprint within this location for agricultural purposes.
• 6.2.10 Overall the principle of the agricultural building is not acceptable and deemed not to comply with Environment Policy 1 and General Policy 3 of the Isle of Man Strategic Plan 2016

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 Turning towards the character and appearance of the proposed barn, information has been supplied on why the proposed building is situated away from the other structures upon the site, which is deemed an acceptable reason. The character and appearance of the proposal is as an agricultural shed as such, any fleeting views which will be minimal would just see an agricultural barn in an agricultural setting and as such this is deemed acceptable.
• 6.3.2 Overall from a character and appearance point of view the proposal is deemed to comply with Environment Policy 15 of the Isle of Man Strategic Plan 2016.

- 6.4 PUMP HOUSE

• 6.4.1 Lastly turning towards the proposed pump house, in the first instance there is a discrepancy from the existing pump house drawings and the structures which are currently in place. The existing drawing shows one large structure whereas there are two separate structures situated together.
• 6.4.2 As stated above there are already certain structures in place where the proposed pump house is to be situated, with the proposed pump house wanting to amalgamate the structures into one. The proposal is deemed acceptable from a principle point of view, due to the nature of the proposal being an acceptable reason for a structure within the countryside and also from a character and appearance point of view, with the proposal unlikely to impact the overall character and appearance of the surrounding countryside. As such the pump house is deemed to comply with the principles of Environment Policy 1 and deemed acceptable. CONCLUSION

7.1 On balance, whilst the overall principle and character and appearance of the pump house is deemed acceptable, there is no overriding need for the proposed agricultural building, as has been assessed in the preceding sections of this report, no exceptions can be justified within the submission, for the proposed building as required by General Policy 3.

7.2 With the above reasons, the application is recommended for refusal as the Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside areas zoned for development. - 7.3 As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provision of General Policy 3(g) and Environment Policies 1 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;

• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner 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 : Refused Date: 15.06.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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