7 August 2023 · Delegated - Principal Planner (Chris Balmer)
Cottage, Ballacosnahan, Patrick Road, Patrick Village, Isle Of Man, IM5 3aw
The proposal involves constructing a 7.6m x 3.86m light blue painted timber building next to an existing open-sided agricultural barn for two toilets (one disabled) and a small retail area to sell charcuterie made from Manx Loaghtan sheep raised on the 200-acre farm.
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The officer assessed the principle of development under General Policy 3 and Environment Policy 15, finding extensive supporting information demonstrated a clear agricultural and horticultural need su…
Spatial Policy 5
Strategic Policy 5 addresses design and visual impact. Officer found proposals acceptable without detriment to visual amenity of locality and landscape due to moderate scale, farm siting, and matching existing structures.
General Policy 2
General Development Considerations. Applied to design and visual impact assessment, finding no material harm.
General Policy 3
Exceptions to development in countryside for essential agricultural buildings and countryside interpretation. Extensive evidence showed agricultural need outweighed general restrictions, similar to prior wool shop approval.
Environment Policy 1
Protection of the countryside. No detriment to visual amenities due to contained farm location.
Environment Policy 2
Protection of areas of high landscape value. Buildings not visible from public vistas, sited close to existing groups.
Environment Policy 15
Development of agricultural buildings in countryside requires proven need and siting near existing groups. Need demonstrated for charcuterie; sited within farm cluster matching vernacular.
Policy EP18 (Isle of Man Strategic Plan Modified Draft)
Retail in countryside limited to ancillary farm produce sales. Retail only for on-farm meat products; conditions ensure compliance.
Transport Policy 4
Highways safety. No significant impact per Highway Services; existing access adequate with passing places.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. 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.
Removal if use ceases
In the event that it is no longer used or required for agricultural purposes or for the operation of the charcuterie business the buildings hereby approved shall be removed and the ground restored to its former condition within 3 months of the use ceasing. Reason: The building has been exceptionally approved solely to meet need and its subsequent retention would result in an unwarranted intrusion in the countryside.
Restricted use to farm products
The buildings must be used only for the storage and sale of products produced on the Ballacosnahan Farm holding or for ancillary agricultural purposes relating to the Ballacosnahan Farm holding. Reason: The countryside is protected from development and an exception is being made on the basis of need. As such the building must be used for the purposes for which it is approved.
Development would have no significant negative impact upon highway safety, network functionality and/or parking. Advised cycle parking and EV charging.
Satisfied that sewage treatment works can cope with additional load; no evidence of inefficient treatment; discharge license to be amended.
Highway Services, DEFA EPU, Patrick Parish Commissioners, and DOI Highway Drainage provided consultation responses on application 23/00504/B, with most indicating no objection but advisory comments on highways, drainage, sewage, and unadopted road traffic.
Key concern: unclear responsibility for unadopted roadway and potential increased traffic
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.
Conditions requested: install secure and enclosed cycle parking storage, and an electric vehicle charging point to aid Active Travel and net zero objectives
DEFA Environmental Protection Unit
No ObjectionI have visited the site and I am satisfied that the sewage treatment works installed will be able to cope with the additional load from the public toilets and charcuterie.; The current discharge license (WPA/06/2015) will be amended to ensure all of the information is accurate including the type and location of the unit.
Patrick Parish Commissioners
The Commissioners' concern relates to traffic on this road encouraged by the additional facilities provided by the Applicant. The Commissioners would like to see some assessment of this matter being considered when the matter is determined.
Conditions requested: some assessment of this matter being considered when the matter is determined
DOI Highway Drainage
Conditional No ObjectionPlease be aware off and comply with the above clauses and prevent any surface water running off the site onto the highway assets.
Conditions requested: prevent any surface water running off the site onto the highway assets
