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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00514/B Applicant : Mr William Christian Proposal : Erection of an agricultural building Site Address : Ballakeigh Farm West Kimmeragh Road Bride Isle of Man IM7 4BA
Senior Planning Officer: Mr Jason Singleton Photo Taken : 09.08.2018 Site Visit : 09.08.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.08.2018 __
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.No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
C 3.The building must be used only 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.
C 4. The proposed tree planting comprised in drawing referenced 'Site Plan' date stamped 17th May 2018 and email dated 7th August 2018 must be carried out in the first planting season following the completion of the development or the use of the proposed barn, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
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Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Plans/Drawings/Information:
This approval relates to drawings submitted on the 17th May 2018, referenced Site plan, Location Plan, Ballakeigh plan, Land Ownership plan and email dated 07.08.18.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site forms part of the agricultural holding of Ballakeigh Farm, Bride which is located on the northern side of the West Kimmeragh Road and set back approx. 200m from the Highway.
1.2 Currently on site is the farmhouse, a collection of old stone barns/ brick built buildings and interconnecting agricultural buildings to the east and west of the access road. The current barns are fully utilised for cattle housing, hay and straw storage, machinery store and parking for farm type vehicles and implements.
1.3 Ballakeigh Farm is not visible from the public highway and is accessed from a farm road that serves a number of agricultural buildings and the farmhouse the access road continues to the A10 coast road.
PROPOSAL 2.1 Proposed is the erection of an agricultural building measuring a footprint of 36.5m long x 15.2m wide and 6.6m high to the ridge sheet. The building is to be located to the north of the existing farm building approx. 2.4m, and used for housing livestock. Due to the topography of the ground, the building is to be "cut" into the ground at the rear (west), meaning the building would have a level ridge height but the walls (front & rear) would measure respectively 6.1m & 8.2m.
2.2 The construction of the buildings would be metal framed with timber construction elements to support the roof and cladding. The roof would be grey corrugated fibre cement sheets with a vented ridge. The sides of the building would be a combination of concrete panels from ground level and above this, tanalised timber Yorkshire boarding with open ridge ventilation.
2.3 The farm currently occupies 650 acres, of which 150 acres are cultivated for crops with 500 acres for grazing. The farm stock includes, 60 dairy cows, 100 suckler cows, 300 young stock and 550 ewes (lambed in February and March).
PLANNING HISTORY 3.1 03/00902/B - Erection of an agricultural building. Approved.
01/02415/B - Lean to extension to existing agricultural building. Approved.
94/00579/B - Extension to agricultural building. Approved.
88/04350/B - Erection of agricultural barn. Approved.
87/00827/B - Re-roofing of barn with double pitched roof. Approved.
85/01132/B - Extension to cow house. Approved.
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PLANNING POLICY 4.1 In terms of land use designation the application site is located within a wider area of land that is designated as; "woodland" and within an Area designated as High Landscape or coastal Value and scenic significance on the Town and Country Planning (Development Plan) Order 1982.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. As the land is not zoned for development General Policy 3 would be applicable;
4.3 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;
4.4 Spatial Policy 5 states;
New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3
4.5 Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. 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.
4.6 Environment Policy 2 states: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
4.7 Environment Policy 3 states: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
4.6 Environment Policy 15 states: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), 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.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The
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nature and materials of construction must also be appropriate to the purposes for which it is intended.
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."
REPRESENTATIONS 5.1 Bride Commissioners do not object (06/08/18).
5.2 Highways Services have commented and do not object (11/06/18).
5.3 The Arboricultural officer (DEFA) has commented (20/06/18) at the loss of the three mature Sycamore trees that are in good health, whilst the site is remote means they provide little landscape value to the public. Whilst they do not object to the removal of the three trees, the replanting to mitigate their loss is required, ideally in Manx native species to broaden the species diversity.
5.4 The Ecosystem policy officer (DEFA) has commented (15/06/18) indicating concerns whether there is a bat roost present on site or potential for this and requests a check for bat roosts or evidence of bats. A query is raised over the loss of the three trees and the removal of 12m of hedging and whether this is necessary. A further note is placed to ensure the hedges and trees should not be cut in the bird breeding season and all vegetation should be checked for nests prior to cutting.
ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the essential need; (ii) the impact of the development, and (iii) the impact on the countryside.
(i) Essential Need 6.2 The starting point for any development within the countryside (i.e. not zoned for development) is spatial policy 5, which leads to General Policy 3, paragraph F which allows exemption for agricultural buildings and Environment Policy 15, as the first paragraph requires first 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.
6.3 The applicant has provided details to confirm they are the farmer/ owner of Ballakeigh Farm who lives on site, with a land holding totalling 650 acres associated to business. From the supporting information the applicant clearly owns a significant head of cattle and sheep, and to provide for their improved care via the proposed building is welcomed in principle. This aspect is deemed in accordance with Spatial Policy 5 and General Policy 3.
(ii) Impact of the development 6.4 Having considered the justification, 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.
6.5 With this in mind, the siting and location of the new farm building are two of the most important factors to consider in the context of this application. It is noted from the submission details the current farm buildings are all clustered together in close proximity to the farm house and are various shapes and sizes with construction ranging from traditional Manx stone with either slate or corrugated sheeting for roof coverings to large metal framed building, cladded
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with corrugated metal sheeting. The chosen location is immediately adjacent to an existing building and would not appear out of character in its setting.
6.6 It is accepted the building would not easily be visible from the Highway, albeit this would be read in the landscape amongst existing farm buildings with a much larger agricultural buildings to the north-east as a backdrop. In considering the design and scale of the building, it is of a proportionate size and form in relation to the existing buildings within the landscape.
6.7 In terms of the scale, materials, colour, siting and form it is considered this application would be in accordance with Environment Policy 15 for the reasons stated above.
(iii) Impact on the countryside 6.8 Environment Policy 1 states "The countryside and its ecology will be protected for its own sake". The general location of the farm and its buildings is not readily visible from the highway or public vantage points given the topography of the area. The agricultural need and proposal is acceptable, however, given the comments received from the Arboricultural officer and the Ecosystems Officer, concerns regarding the loss of the trees, hedging and the possibility of bat roosts in the trees could be contrary to EP1.
6.9 The loss of the trees is acceptable by the arboricultural office and the agent has confirmed the proposed planting would be as stated in the agents email (07/08/18) "stated 3 beech, 3 sycamore and 4 oak trees were to be planted, this was based on what trees were prospering in the vicinity. The trees would be saplings, probably 1m in height and planted at a density of 3m x 3m". A condition for a bat survey can address the issue over the presence of any bat roosts in the trees prior to their felling. The removal of 12m of hedging is unfortunate but the overall length of hedging is a continuous approx. 300m on both sides of the access road. This loss of hedging is not considered to be detrimental to the scheme or that on the wider countryside. In this instance the proposal accompanied with planning conditions could satisfy the criteria of Environment Policy 1,2 and 3.
RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
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
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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.
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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.
Decision Made : Permitted
Date: 24.08.2018
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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