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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00157/B Applicant : Mr James Radcliffe Proposal : Erection of an agricultural building to house livestock and farm machinery Site Address : Ardonan Nurseries Ardonan Lane Regaby Ramsey Isle of Man IM7 3HN
Planning Officer: Mr Owen Gore Photo Taken : 31.07.2018 Site Visit : 31.07.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.09.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2.The agricultural building, hereby approved, shall only be used for agricultural purposes and shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.
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 and its subsequent retention would result in an unwarranted intrusion in the countryside in accordance with General Policy 3 and Environment Policy 15 of the Isle of Man Strategic Plan 2016.
C 3. The agricultural building, hereby approved, shall not be brought into use until details of the arrangements for surface water drainage and the storage and disposal of animal waste and sewage have been submitted to and approved in writing by the Department. The storage and disposal of animal waste and sewage shall not be carried out unless in strict accordance with the approved details. There shall be no discharge at any time of any foul drainage or foul surface water from the livestock area (directly or indirectly) from the proposed development, into the adjacent marshland and fields to the west of the site.
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Reason: In order to prevent the pollution of the local environment and to protect the health and safety of people in accordance with Environment Policy 1, Environmental Policy 4, Environment Policy 5, Environmental Policy 7 and Environment Policy 8 of the Isle of Man Strategic Plan 2016.
C 4. The ridge height of the agricultural building, hereby approved, shall be no higher than 7.28m above the existing floor level as shown on drawing No. (03) 001 - 'Site Location Plan' & drawing No. (03) 100 - 'Proposed Plan and Elevations'.
Reason: In the interest of protecting the character of the site and surrounding countryside in accordance with General Policy 3, Environment Policy 1 and Environment Policy 15 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information:
This Planning permission relates to the following plans and documents: -
Drawing No. (03) 001 - Site Location Plan Drawing No. (03) 100 - Proposed Plan and Elevations Drawing No. (03) 002 - Existing Site Plan Agricultural Justification form date stamped as having been received 15 February 2018
Additional Agricultural Justification received via email dated 18 June 2018.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 The application site is to the south west of Regaby, off of Regaby West Road. The site is part of a farm unit that includes numerous horticultural buildings, greenhouses and polytunnels; there are several agricultural type barns and a farmhouse on the main part of the site and there are numerous agricultural fields to the north and south of the site.
1.2 The site is currently geared towards horticultural activities and includes 7 polytunnels (another 3 having been removed from the site to accommodate the proposed barn) and a vast area of greenhousing to the south and west of the farmhouse. There are several existing agricultural buildings and out buildings located to the south east of the farmhouse. The largest of the buildings is a typical agricultural building similar to the proposal, but was witnessed on- site to be significantly damaged and dilapidated. The outbuildings that adjoined this building appear to be currently used as workshops and storage, with one housing two antique tractors that were being restored.
1.3 A significant amount of the land surrounding the individual outbuildings and polytunnels was being used for storage of vehicles, scrap or reclaimed materials and machinery; the unassembled portal frame of the proposed agricultural building was visible on site as well as other materials for the proposed agricultural building. The applicant stated on-site that another building had been removed from the site and rubble from this had been used partially and will
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be used in the future, as the hardcore base for the proposed agricultural building; this seemed to include stone, masonry and block work, as well as Asphalt and tarmac.
THE PROPOSAL 2.1 The proposal is for the erection of an agricultural building to house livestock and farm machinery.
PLANNING POLICY 3.1 The application site is shown on the 1982 Development Plan as being 'white land' in the open countryside. General Policy 3 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:
(f) building and engineering operations which are essential for the conduct of agriculture or forestry'
3.2 Environment Policy 15 states that 'Where the Department is satisfied that there is agricultural or horticultural need for a new building..., 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...'
The policy continues: -
'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'.
3.3 Environment Policy 1 states that 'The countryside and its ecology will be protected for its own sake... Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative'.
3.4 Environmental Policy 4 & Environment Policy 5 refer to species and habitats of national and international importance, stating that generally development will not be permitted which would adversely affect such sites, except in exceptional circumstances.
3.5 Environmental Policy 7 states: 'Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species.
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3.6 Environment Policy 8 states: 'Agricultural buildings will not be permitted on sites where their existence and associated discharges would result in a breach of the "Code of Good Agricultural Practice for the Protection of Water."'.
PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application; however an enforcement case 17/00185/COMP is a consideration.
REPRESENTATIONS 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest, in the comments dated 15 March 2018.
5.2 Andreas Parish Commissioners have commented on this application and stated that they do not object, in the letter dated 16 March 2018.
5.3 Comments have been received from a Senior Biodiversity officer in DEFA that state: -
'Whilst we do not object to the development of a barn in this position, it should be designed so as to ensure that foul water from the livestock area cannot run through to the adjacent fields to the west. The field over the field boundary to the west contains marshland, with records of protected marsh orchids, which have also been recorded in some further fields adjoining it'.
ASSESSMENT The principle of development 6.1 The policy allows for new buildings which are essential for the conduct of agriculture. The applicant has submitted an agricultural justification, as well as additional information to describe the proposed activities, subject to the acceptance of a new, more suitable barn being constructed on site.
6.2 The submitted statement indicated that the applicant intends to rear 40 beef cows and 100 ewes on the 60 acres of agricultural land; there is also 1 acres of horticulture remaining on site. It is understood that the land is currently utilised for the grazing of horses and growing hay/fodder. The statement indicates that beef and sheep had previously been kept on-site but had declined following a lack of suitable accommodation until it finally ceased.
6.3 The site is considered to be a farm of an appropriate size to accommodate the proposed agricultural activities as well as the horticultural activities. The principle for the proposed agricultural building is acceptable, subject to the considerations below.
Character and appearance 6.4 The applicant has removed three of the dilapidated polytunnels previously on the site to accommodate the proposed building; a line of trees surrounds the wider area and the site is clearly within the existing site boundary and is not encroaching on the open countryside.
6.5 The submitted plans show the proposed building to be 6.4m tall; the ground levels are proposed to be altered by increasing them by 880mm to match the ground level immediately to the east of the proposed building and therefore the ridge height of the agricultural building will be 7.28m above the existing floor level.
6.6 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings.
Impact on neighbours
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6.7 There are no nearby neighbours to the site excluding the existing farmhouse. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents.
Ecology and countryside 6.8 Comments have been received from a Senior Biodiversity officer in DEFA concerning the potential for foul water from the livestock area to run through to the adjacent fields of marshland to the west. A condition can be included to ensure that foul water from the livestock area is not drained into the surface water drainage.
CONCLUSION 7.1 The proposal would not unacceptably harm the character of the surrounding area. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with General Policy 3, Environmental Policy 1 and Environment Policy 15.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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.
Decision Made : Permitted
Date : 05.09.2018
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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