Field 434105 The Lodge Ballaquaggan Farm Douglas Road Ballasalla Isle Of Man IM9 3AD
Officer's Report
The Site
The application site is Field 434105 which is a parcel of un-developed land located to the southwest of the dwelling, The Lodge, Ballaquaggan Farm, Douglas Road, Ballasalla. The site is located on the south-eastern side of the Douglas Road and northeast of Ballasalla.
The site accommodates a recently constructed dormer bungalow 'The Lodge' and a single storey workshop. The workshop is constructed of two shipping containers on each side with a cover between to form an undercover workshop.
The Proposal
The application proposes the erection of an agricultural barn. The proposed barn would be sited to the southwest of the existing dwelling, located approximately 65 metres away. The proposal would have a width of 18.2 metres, a depth of 9.1 metres and a ridge height of 6 metres and would be finished in olive green corrugated sheeting..
The proposed barn would be for the storage for agricultural machinery used in connection with the application site.
Planning Policy
The application site is within an area of Open Space on the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Under the Modified Draft Area Plan for the South the site is on land not zoned for development, and the Landscape Assessment indicates the site as being within an area is characterised as being "Undulating Lowland Plain."
The following policies are relevant to be considered:-
General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Case Officer:
Mr Chris Balmer
Photo Taken:
06.07.2011
Site Visit:
06.07.2011
Expected Decision Level:
Officer Delegation
(a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
(b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
(d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
(e) location-dependent development in connection with the working of minerals or the provision of necessary services;
(f) building and engineering operations which are essential for the conduct of agriculture or forestry;
(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
(h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
Environment Policy 1: "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."
Environment Policy 2: "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."
Environment Policy 15: "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 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."
Planning History
The previous planning applications are considered relevant in the assessment and determination of this application:-
Erection of extensions - 08/01499/B - APPROVED
Erection of a double garage (Re submission to 05/01300) - 05/01699/B - APPROVED
Erection of detached garage and machinery store with workshop, adjacent to approved replacement dwelling (03/00244/B) - 05/00399/B - REFUSED on the following grounds:-
"The building, by virtue of its design and size, would appear as a second bungalow on the site and could again by virtue of its size and also the inclusion of so many windows in future be capable of conversion to a new dwelling in the countryside, contrary to the Department's policies against such development."
Erection of dwelling to replace existing - 03/00244/B - APPROVED
Representations
Malew Parish Commissioners initially objected to the proposal as they had concerns that there already appear to be several agricultural buildings shown on the aerial photograph. However, after discussions with the applicant they have withdrawn their objection.
Assessment / Recommendation
The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 of the Isle of Man Strategic Plan. Criterion (f) could be considered of most relevance, although the applicant is not a farmer, but the machinery proposed to be stored within the barn is for the up keep of the land which includes agricultural fields. 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.
The applicant is not a farmer and the land he owns does not form an agricultural farm holding. Therefore careful consideration needs to be given to whether a barn as proposed is justified and does not have a significant impact upon the visual amenities of the countryside.
Due to the above and the fact that the applicant already has a workshop building (built when dwelling was being erected for the construction of large wooden beams which the applicant made) a question arouse whether the proposal was required given any machinery could be stored in the existing workshop. This concern was also raised by the Commissioners.
Consequently, the applicant provided further information to what equipment would be stored in the proposed barn, the requirements of the machinery on the site and why it couldn't be stored within the existing building. The applicant has seven pieces of equipment/vehicles which he would store within the proposed barn. These include:-
Agricultural rotavator used for harrowing the fields;
The tractor is used for pulling and towing the agricultural grass or hay cutting and to tow the rotorvator and trailers etc;
The digger is used to repair tracks, digging holes for tree planting/fence holes and general maintenance;
The cherry picking vehicular is used for lobbing the large trees down the long access lane (required to upkeep) and for general painting and repairs;
Small general multipurpose trailer;
Bail trailer with lift, general purpose around the fields; and
Larger trailer for general purposes more for heavy use.
The applicant also indicates that the existing workshop building is used for maintenance; there are also bench saws, planers, drilling machines etc used for repairs to both plant and around the site. Also discussions with the applicant it was indicated that he still undertook joinery projects which involves the use of the equipment in the workshop. He also indicated that an issue with the existing workshop related to the height. The entrance is too low for some of the plant to access. Consequently, the proposed barn has three separate doors with heights of 4 metres.
In terms of policy and justification for the proposal, it should be first noted that such a proposal does not necessarily require to be connected with a farm holding with a full time labour unit. What does need consideration is whether the amount of building, and yard proposed is disproportionately large in relation to the proposed usage.
The machinery is currently all on site, majority of which is stored on either side the existing workshop building in the open. The applicant does appear to have need for the machinery on site, albeit the amount of machinery is more than you would generally expect to find on a holding of this size.
Putting the agricultural justification to one side, further consideration of Environmental Policy 15 is required. This policy also states that generally new agricultural buildings 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 indicates that 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 proposed barn would be sited on a parcel of land which is not currently used for agricultural activities (un-kept and equipment storage areas). The site is unusual, as it a small parcel which is separated from the surrounding fields by existing trees/hedgerows around its boundaries. The barn would be 32 metres from the existing workshop building.
The barn could be sited closer to this the existing building but would be sited within an existing agricultural field and would not benefit from the existing landscaping which surrounds the boundaries of the parcel of land. Consequently, it is considered if the proposal is acceptable in terms of justification the siting is the best location.
The proposed barn would have the appearance and finish of an agricultural barn, very similar to other barns found throughout the Island.
From the nearby public highway, the proposal would be very well screened given the amount of landscaping which runs along the south-eastern side of the Douglas Road (mature hedgerows and trees). Additional landscape screening along the northern and southern boundaries of the site and beyond consists of a number of mature hedgerows and mature trees all providing substantial natural screening.
It is also important to note that existing landscaping around the parcel of land where the barn would be erected is substantial and would screen the majority of the barn from public view. This is even if the substantial landscaping between the site and the public road was not in place; the barn would still be well screened. The applicants are proposing more tree planting to the southeast boundary of the parcel of land. A planting condition should be attached to ensure this.
Overall, if it was accepted that there are reasons to allow the building, its siting, size, design and finished materials would be acceptable in relation to Environmental Policy 15.
In terms of the potential impact of the barn upon the residential amenities, it is considered given it height, siting, existing landscaping and substantial distance from these properties the proposal would have no adverse impact.
Recommendation
The proposal is finely balanced; on one hand the site is not zoned for development and given the lack of agricultural justification (i.e. working farm) in the strictest terms, it could be argued there is insufficient justification to outweigh general planning policy.
However, it could be argued that the proposed use of the barn for the storage of agricultural equipment for the use and upkeep of the site is acceptable. Furthermore, the location of the barn could be considered to be an appropriate location for such development, given the design and size of the barn, proximity to existing dwelling/workshop (i.e. not in a isolated position), and being very well screened from public view and within the open countryside.
If the application is approved, all of the agricultural machinery should be required to be stored within the building, i.e. the storage of machinery of any type outside is not permitted. Furthermore, a condition stating that should the barn become redundant it is required to be removed immediately.
Party Status
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Malew Parish Commissioners
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 22.11.2011
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to the erection of a storage barn and hardstanding as proposed in the submitted documents and drawings TT/10/7/08/4A received on 28th September, 2011 and 26/6/11.1 and the landscaping scheme both received on 28th June 2011.
C 3. The building must be used only for agricultural purposes. No commercial activity is hereby approved.
C 4. All external finishes (elevations, doors and the roof) are to be finished in a dark green/olive green colour and retained thereafter.
C 5. In the event of the barn erected under this approval is no longer used for the permitted purpose it must be removed from site immediately and all associated infrastructure removed from the site within 3 months and the land restored back to its original form.
C 6. The approval hereby given allows for the storage of agricultural vehicles only within the approved barn. There must be no storage and/or maintaining of any machinery of any type outside the barn hereby approved.
C 7. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, 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.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made : Permitted Date : 25/11/11
Signed : Michael Gallagher Director of Planning and Building Control
OR Signed: Jennifer Chance Development Control Manager
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