Loading document...
==== PAGE 1 ====
19/01322/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01322/B Applicant : Springwater Estates Ltd Proposal : Erection of agricultural barn Site Address : Field 434623 Springwaters Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ
Planning Officer: Mr Paul Visigah Photo Taken : 03.01.2020 Site Visit : 03.01.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.01.2020 __
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 external lighting shall be installed.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 3. The building may only be used for agricultural/equestrian purposes.
Reason: The countryside is protected from development and an exception is being made on the basis of an agricultural barn with added equestrian use only. As such the building may be used only for the purposes for which it is approved.
C 4. The agricultural/equestrian building hereby approved 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 building has been exceptionally approved solely to meet agricultural/equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.
==== PAGE 2 ====
19/01322/B Page 2 of 7
C 5. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the appearance of the development and the surrounding area.
Plans/Drawings/Information;
This decision relates to the location map, supporting statement, drawings 1505.1 and 1505.2 received on 22nd November, 2019, and additional Information and drawing no.1505.P01 received on 18th February, 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 The site defined in red is an area of land situated to the east of the A3 Foxdale/ Ballamodha Road. Along with the land defined in red, additional land is defined in blue, indicating that it is within the ownership or control of the applicant, extending the site to around 45 acres.
1.2 The site which is enclosed by a thick line of trees and shrubbery is situated north-west of a traditional cottage located within the broader site area. This cottage has a conservatory which has been added to the front elevation and a single storey side elevation to the west and a single storey flat roofed annex at the rear. The core of the cottage is a vernacular Manx cottage with a basic footprint of 9.4m by 8m. The conservatory, side and rear extensions add further floor space, resulting in a total overall floor area of 269 sq m.
1.3 In addition to the main dwelling, there is another small bungalow which has a floor area of around 44 sq m and a block of three garages attached to a former cottage and additional garage. The main dwelling sits a little distance from the other buildings which are grouped together some 10-20m to the north east. A further dwelling, Close Clark lies within the site at the junction of the access lane with the northern spur towards the application site and its other buildings. This has a collection of outbuildings alongside it.
1.4 Access to the buildings is via an existing lane which runs to the south of the buildings from the A3 towards Close Clark. This lane provides access to the application site and other sites within the broader application area.
PROPOSAL 2.1 Proposed is the erection of a new agricultural barn infilling a space well screened by trees. The building would be 34m x 15.5m with an eaves height of 5.4m, facilitating a new storage for agricultural plant and machinery, such as a horsebox, tractors and trailers. The building will also be used to house livestock.
2.2 The designs show that the barn would be built to follow the level changes on site, particularly on the external views. The applicant has stated that the excavated material would
==== PAGE 3 ====
19/01322/B Page 3 of 7
be used for creation of hardstanding area and any surplus would be transported via road to licenced disposal/recycling centre.
2.3 The new building would feature a pitch roof, with six roof lights installed on either side of the roof pane. Two roller shutter doors would be installed on the front elevation of the barn to serve the two sections while two pedestrian doors would be installed on either of the side elevations. This barn walls would be made of green box profile cladding, which will also serve as the roof cover.
2.4. The supporting letter also states that the proposal would combine the stabling of horses he owns within the proposed barn, which would minimise the number of buildings added to the area to provide a structure that would be more long lived and effective against the weather.
2.5 Additional information detailing the justification for the barn, materials that will be kept in the proposed barn, as well as the activities that would take place in the barn has also been provided by the applicant. The details are as follows:
JCB Backhoe loader JCB 3CX (or similar) 7.2m long / 2.45m wide / 3.53m high About 4 years ago, I bought A JCB backhoe loader as this is desperately needed on the farm because of the poor drainage. The fields need ditching and some of them need French drains to dry them out. I ditched a couple of the fields with it, but soon realised that I really needed storage for the digger. As it was deteriorating quickly with it being left out in the weather all year round and sold it after about 18 months.
Tractor, i. MF5460 or similar, with a front loader, 6.9m long / 2.1m wide / 2.77m high. ii. 2 x trailers, 6m long / 2.4m wide iii. Tractor mounted hedge cutter iv. An AVT with a trailer v. A topper & a cultivator vi. A plough
In addition to the above, we will need an area for working on the machinery (I was a mechanic by trade many years ago and look forward to working on the machinery myself). They will also require; i. Storage space for Undercover storage for a horse box ii. Stables within the shed for horses iii. Storage space for tools, iv. Small plant & machinery v. Fencing stocks vi. Horse feed vii. Animal feed
2.4.1 The applicant has also stated that the existing outbuildings around the property are old Manx stone built garages which are very small, and currently being used as garages. The sizes of the existing outbuildings are as follows: i. Shed at rear of main garage: 50.92 sq.m ii. Shed by main garage: 29.86 sq.m iii. Main garage: 56.84 sq.m iv. Single garage by Farmhouse: 20.74 sq.m
PLANNING POLICY 3.1 The site is located in an area where development is generally discouraged under Environment Policy 1. The site is not identified as being of High Landscape Value on The Isle of
==== PAGE 4 ====
19/01322/B Page 4 of 7
Man Planning Scheme (Development Plan) Order 1982 and the Area Plan for the South includes the site as within an area of Incised Slopes where the following advice is provided:
Ballamodha, Earystane and St Marks (D14)
The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons.
Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.2 Due to the land use designation , General Policy 3 of the Isle of Man Strategic Plan 2016 applies, it lists exceptions to the rule for the restriction of development in the countryside, one of which is (f) " building and engineering operations which are essential for the conduct of agriculture or forestry."
3.3 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."
3.4 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 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 is it 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".
3.5 With regard to the additional equestrian use that the barn would also be used for, it is vital to consider the following policies:
3.6 Environment Policy 19: Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high
==== PAGE 5 ====
19/01322/B Page 5 of 7
quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic (see Environment Policy 14 for interpretation of Class 1 and 2).
3.7 Environment Policy 21: Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used.
PLANNING HISTORY 4.1 The application site has been the subject of five previous planning applications two of which are considered to be materially relevant in the assessment of the current application.
4.2 PA 13/00339/A for Approval in principle for the erection of a dwelling and equestrian centre (Refused), and PA 13/00918/A for Approval in principle for erection of a dwelling and equestrian centre (Approved). These developments were proposed to be carried out within the broader application area, although they have components to involve the creation of an equestrian centre which the current application would partly cater for.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 9 December 2019.
5.2 DEFA's Biodiversity Officer has made the following comments regarding the application in a letter dated 18 December 2019:
The proposed barn is in a small, agriculturally improved paddock surrounded by trees. It is very likely that the shelter provided by the trees surrounding the paddock makes this an important feeding area legally protected bats. To mitigate for any adverse effects on feeding bats and other nocturnal wildlife and to comply with Environment Policy 4 of the Isle of Man Strategic Plan 2016, the Ecosystem Policy Team recommends that should the application be granted permission the following condition is attached:
No external lighting shall be installed unless a detailed external lighting design scheme has been submitted to and approved in writing by the Planning Directorate. The external lighting scheme shall identify measures to avoid impacts on nocturnal wildlife in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018). The development shall be carried out in accordance with the approved details.
5.3 Malew Parish Commissioners have no objection to the application (08.01.2020).
ASSESSMENT 6.1 The key considerations in the assessment of this application are; the principle of the development and the visual impact of the proposed barn. It is not considered that there are neighbours close enough to be impacted.
6.2 The principle of the erection of the barn
==== PAGE 6 ====
19/01322/B Page 6 of 7
6.2.1 As with any countryside development, there is a presumption against any which would adversely impact the countryside. With this development proposal, as part of an existing farm, it must be established if there is sufficient need for the building.
6.2.2 The applicant has demonstrated in their written submission supported by the location map with blue land boundary indicating land within the applicant's ownership (in excess of 40 acres) to be served by the barn and existing farm buildings. The available information also indicates that the farm is currently being occupied by a tenanted farmer who uses the land for sheep grazing. As well, the planning history for the site evidences the established agricultural nature of the site. Considering the agricultural use of the site and the fact that the applicant intends to rework the lands and raise livestock with the lands serving to provide harvested feed
6.2.3 The agricultural/equestrian need for the new building is therefore accepted.
6.3 Assessment of Equestrian use
6.3.1 With regard to the additional use of the barn for equestrian use, the presumption against equestrian development in the countryside, as stated in Environment Policy 19 and 21 is a key consideration; however the proposed development is not considered to be contrary to policy. The equestrian policies, Environmental Policies 19-21 refer to the loss of amenity, the loss of high quality agricultural land, impact to the local highway network and impact on the character and appearance of the countryside.
6.3.2 The area of land that will directly be effected by the development i.e. its footprint, is considered not to be high quality agricultural land as shown on the Agricultural Land Use Capability Map of the Isle of Man (the land is within Class 3). The level of activity on the local highway network as a result of this development, as there would be no commercial element, will be relatively low. Moreover, significant sections of the existing farm track serving the application site is in good form and this section of the farm is located over 600m away from the A3; diminishing any impact the proposed development would have on the nearby highway.
6.4 The visual impact
6.4.1 The new building would be sited to fit within an enclosure sufficiently enveloped by trees and shrubbery, and would not be noticeable from the surrounding highways or nearby fields. As well, its green cladding would ensure that it completely blends into the landscape and treeline. In this respect, it is considered that the building would fit within the existing layout of the farm and would not appear out of place. No further impact on the surrounding countryside is envisaged.
CONCLUSION 7.1 In summary, it is considered that there is an agricultural/equestrian need for the barn, and impacts on the countryside would be minimal if any. The proposal is therefore compatible with the aforementioned policies of the Isle of Man Strategic Plan 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;
==== PAGE 7 ====
19/01322/B Page 7 of 7
(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 : 09.03.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal