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23/00504/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00504/B Applicant : Ms Jane Caroline Shepherd Proposal : Erection of building for use as a toilet facility and storage, sales of charcuterie produced on site and the creation of a unit for the preparation of charcuterie from meat from the site Site Address : Ballacosnahan Farm Patrick Road Patrick Village Isle Of Man IM5 3AW
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.08.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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.
C 2. 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.
C 3. 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.
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This application has been recommended for approval for the following reason. The proposed development is considered to be acceptable in principle having demonstrated a clear agricultural need, without detriment to the visual amenity of the immediate locality and wider landscape. The proposals are considered to be in accordance with Strategic Policy 5, Spatial Policy 5, General Policies 2 and 3, and Environment Policies 1, 2, 15 and 18 of the Strategic Plan (2016).
Plans/Drawings/Information;
This approval relates to the following drawings referenced;
Existing and proposed site and location plans - 21/3123/23/01/A Proposed toilet and storage block plans - 21/3123/23/P/02 Existing and proposed barn plans - 21/3123/23/03 Meat preparation area plans - 21/3123/23/04 Received 25.04.23. __
Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to a portion of Ballacosnahan Farm, including an open sided agricultural building, a grassed paddock and an area of hardstanding adjacent to the pre- existing wool shop, with the principle cluster of buildings associated with the holding located to the immediate east arranged around an irregular courtyard. The principle farmhouse is located to the immediate north outside of the red line area. Various mature trees are noted within the northern portion of the site adjacent to the farmhouse and wool shop, with a small area of dense woodland located to the south. The application site includes a long, narrow access to the farm holding which runs to the west and then north-west towards its junction with Patrick Road.
1.2 From the site visit it was noted that a concrete base had been laid to facilitate the construction of the proposed toilet block and store, whilst a timber structure for the preparation and storage of meat had been sited within the southern portion of the open sided agricultural building.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the erection of a building within the existing agricultural building for the preparation of charcuterie produced from slaughtered sheep (Manx Loaghtans) raised on the farm. This building has already been constructed and sited within the aforementioned building, and comprised dimensions of 7.6m x 5.5m incorporating a very shallow dual-pitched roof and finished in light blue painted timber; effectively matching the adjacent wool shop. This element of the proposals is therefore submitted on a retrospective basis.
2.2 Following internal inspection of the building by officers, it was noted that the building had been fully kitted out for the preparation of meat products, but was noted by the applicant that it was not presently operational.
2.3 In addition to the above, planning permission is also sought for the erection of a timber clad dual-pitched building immediately adjacent to the existing agricultural building for the
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purposes of facilitating 2 no. toilets (including 1 disabled toilet), together with a small retail area in which to sell meat products produced on the farm. The building would comprise dimensions of 7.6m x 3.86m, and also finished in light blue painted timber to match the existing wool shop. It was noted on site that the concrete base for this structure had already been poured and set, but with no further works having commenced.
2.4 The applicant's planning agent has provided the following information within the submitted planning statement as to the justification for the scheme:
o Ballacosnahan Farm is a long established agricultural holding with a significant acreage (circa. 200) and where a highly successful Loaghtan flock has been created and managed with its products sold internationally; o The farm is frequently visited by those wishing to see the sheep, view and purchase their related products but with no current toilet facilities available on site; o Similarly, no toilet facilities exist for those working on the farm aside from within the principal farmhouse; o Presently, the applicant cannot be considered for regular tours due to the lack of on site toilet facilities, despite working with Blue Badge Guides, cruise ship agents, Visit Isle of Man Agency and Bus Vannin; o The farm is seeking to further diversify and like the wool business which promoted the creation of the wool shop, the applicant is seeking permission for a similar building for a new range of meat products to be sold from the site; o The applicant already exports their wool products and wishes to do the same with charcuterie, with the present applicant little different to the previous applications for the development and improvement of the farm; o The wool shop was considered in the 2019 application by officers to comply with General Policy 3 (f) and (g) with the current proposals comparable in principle; o Development wold pose no visual impact given they would only be visible within the immediate confines of the farm itself, whilst not being sited in an isolated location; o Proposals are justified in terms of their function to support the farm and its diversification, whilst allowing visitors to understand the role of agriculture in providing food and food products.
3.0 PLANNING HISTORY 3.1 Ballacosnahan Farm has been the subject of a number of previous planning applications, the following of which are considered to be of most relevance:
o 22/00725/B - Erection of tourist accommodation, farm shop and toilet facilities - Refused o 19/00435/B - Erection of building for the storage and sale of Manx Loaghtan Wool Products - Approved o 15/00361/B - Erection of an agricultural dwelling - Approved o 09/00261/B - Relocation of existing agricultural building, construction of access road and removal and planting of replacement trees - Approved
4.0 PLANNING POLICY 4.1 The site falls outside of a defined settlement and comprises 'white land' within the countryside in accordance with the 1982 Development Plan, and therefore an area not zoned for development. The site is not within a Conservation Area or an area at risk of flooding, but does fall within an Area of High Landscape Value as defined in the 1982 Development Plan.
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources
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2 Priority for new development to identified towns and villages 5 Design and visual impact
Spatial Policy 5 Development only in countryside in accordance with General Policy 3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 2 Protection of areas of high landscape value 15 Development of agricultural buildings in the countryside 18 Retail development in the countryside
Transport Policy 4 Highways safety
5.0 REPRESENTATIONS 5.1 Patrick Parish Commissioners - It is not clear who is responsible for the roadway between Patrick Road and the farm entrance. It does not appear to be adopted but it is not shown as belonging to the applicant in the plans submitted. 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.
5.2 Highway Services - Development would have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to install secure and enclosed cycle parking storage, and an electric vehicle charging point to aid Active Travel and net zero objectives. (28.04.23)
5.3 Environmental Protection Unit - With regard to PA 23/00504/B; I 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 unit has a re-circulation pump installed to ensure sufficient treatment of the sewage when input is intermittent. I have checked the receiving watercourse and there is no evidence of inefficient treatment from the unit. The current dischagre license (WPA/06/2015) will be amended to ensure all of the information is accurate including the type and location of the unit. This will be completed directly with the owners of Ballacosnahan Farm. (12.05.23)
5.4 Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Please be aware off and comply with the above clauses and prevent any surface water running off the site onto the highway assets. (11.07.23)
5.5 Forestry Officer - no response received at the time of writing.
5.6 Manx Utilities Authority - no response received at the time of writing.
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
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6.2 PRINCIPAL OF DEVELOPMENT 6.2.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3, which allows an exemption for essential agricultural buildings and those required for interpretation of the countryside, and Environment Policy 15, which requires that the Department is satisfied that there is agricultural or horticultural need for a new building/s, sufficient to outweigh the general policy against development in the countryside. In the case of this application there has been extensive supporting information submitted demonstrating the need for the new buildings to support agricultural needs and further diversity the established agricultural business.
6.2.2 In particular, the proposals seek to facilitate the creation of charcuterie products produced from sheep reared on the farm, whilst allowing for the potential for such products to either be shipped to customers or sold on the farm directly to those visiting the site. Such a scenario is similar to that which was considered and granted in 2019 with respect to the production and selling of wool based products from sheep reared on the farm.
6.2.3 Such proposals are considered to be acceptable on the basis that they would assist with the diversification of an established agricultural business in a sensitive and proportionate manner, and are therefore considered to be essential for the conduct of agriculture, whilst further assisting with the interpretation of the countryside, its wildlife and heritage. The proposals are therefore considered to be acceptable in principle in accordance with General Policy 3.
6.2.4 Likewise, whilst the proposals do include a retail element, this would only relate to products associated with meat produced from sheep reared on the farm itself (i.e. ancillary sales of produce grown on the farm) and therefore would not be subject to additional retail policies contained within the Strategic Plan in accordance with Environment Policy 18. It is considered that the attachment of appropriately worded conditions would ensure continued compliance with this policy, in a similar fashion to conditions attached to the decision notice for the 2019 permission in relation to the wool shop.
6.3 DESIGN AND VISUAL IMPACT 6.3.1 The meat storage building already in situ, together with the proposed toilet block/retail element are noted to be broadly similar to the design, colour and built vernacular of the existing wool shop previously granted permission in 2019. Such buildings are noted as being moderate in both scale and footprint, whilst only being visible within the application site itself. Moreover, the meat storage building is located inside an existing agricultural building, with the toilet/retail block located immediately adjacent. The development would not be visible from any public vistas outside of the application site, including the long and winding access track to the site, and therefore pose no material impact upon the character and appearance of the wider landscape.
6.3.2 Such proposals are therefore considered to be acceptable from a design and visual impact perspective, and in particular are considered to accord with Environment Policy 15 which requires that such development must be sited as close as is practically possible to existing building groups, together with Environment Policy 2 which seeks to safeguard Areas of High Landscape Value.
6.4 HIGHWAYS SAFETY 6.4.1 Whilst concerns have been noted by the local authority over the potential for increased traffic on the access road, no issues have been raised by Highway Services on this matter. The access road in question is understood to not be under the applicant's ownership and already serves a busy working farm and wool shop which has been in operation for some time. The addition of the small toilet block and retail element are not considered to demonstrably impact traffic levels associated with such intensification and are therefore deemed acceptable.
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Moreover, whilst the access road is somewhat narrow and winding, various passing places are noted along the track to therefore allow for the safe passage of vehicles which do traverse this access.
7.0 CONCLUSION 7.1 In summary, the proposed development is considered to be acceptable in principle having demonstrated a clear agricultural need, without detriment to the visual amenities of the immediate locality and wider landscape. The proposals are considered to be in accordance with Strategic Policy 5, Spatial Policy 5, General Policies 2 and 3, and Environment Policies 1, 2, 15 and 18 of the Strategic Plan (2016), and therefore 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: (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 in Article 6(4) 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 : Permitted
Date: 04.08.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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