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19/01432/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01432/B Applicant : IOM Goats Limited Proposal : Erection of mobile kiosk for sale of farm produce Site Address : High Tilt Douglas Road Kirk Michael Isle Of Man IM6 1AS
Principal Planner: Miss S E Corlett Photo Taken : 13.02.2020 Site Visit : 13.02.2020 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.04.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. All planting, seeding or turfing shown in drawing 860/27C including the planting of Aucuba japonica crotonifolia as the hedging vegetation, comprised in the approved details of landscaping must be carried out, at the latest, in the first planting and seeding season following the first installation of the kiosk, 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.
Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 2. The kiosk and the use of both sites for the sale of produce subject to condition 3 below, may continue until May 31st, 2022 whereupon the kiosk must be removed from the sites and the sites no longer used for the purposes of any retail.
Reason: to clarify the extent of the approval in line with the application as submitted.
C 3. The kiosk to be positioned to the rear of the Mitre Hotel may be in place only during practice and race weeks associated with the TT and the Festival of Motorcycling.
Reason: to clarify the extent of the approval in line with the application submitted.
C 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the site defined in red on plan
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860.27B hereby approved shall be used only for the sale of goods produced on the farm or from animals kept on the farm and shall not be used for any other purpose within Use Class 1.1 of the Order without the express grant of planning approval from the Department.
Reason: to enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
This application has been recommended for approval for the following reason. The application is considered to accord with General Policy 2, Environment Policies 18 and 35 and Planning Policy Statement 1/01.
Plans/Drawings/Information;
This approval relates to drawing 860.27C received on 18th March, 2020.
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Interested Person Status - Additional Persons
It is recommended that the owners and the occupiers of the following property should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Westlands as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL MAY BE CONSIDERED TO BE CONTRARY TO THE LAND USE DESIGNATION AND IS RECOMMENDED FOR APPROVAL
THE SITE 1.1 All of the relevant information for this proposal can be seen on drawing 860.27C shown on the Government's Online Services as "Amended Plan 860 27C 03 April 2020.pdf".
1.2 The site comprises two pieces of land as shown on drawing: one sits between an existing dwelling, Westlands, which lies to the north west, and a lane which serves the applicant's property and Lhergy Vreck Farm. To the south east of this is Cass a Lhergy. The other piece of land sits closer to the centre of the village of Kirk Michael and lies to the rear of an outbuilding beside the Mitre Public House which in turn sits behind the Old Court House, a Registered Building which sits alongside the main road (A3 - TT Course). There is an existing gated access into this field from the Mitre car park.
1.3 The land alongside Westlands is relatively flat with a hedge running between the two sites. Planning approval was granted for an access into this land from the main road under 17/00678/B which was to provide a new means of access to the main site with a new parking area and new for the complex which was to accommodate farm buildings, a dairy, butchery and goat pens with visitor facilities. The site currently accommodates various activities including goat yoga and the manufacture of goats cheese as well as the dwelling and agricultural buildings associated with the site.
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1.4 The site has already been completely hard surfaced, despite the application not having been considered yet and the previous application proposing only the creation of an access through the site, not the complete hard surfacing of the site.
THE PROPOSAL 2.1 Proposed is the creation of a parking area to serve a sales kiosk which will offer products created on the farm. The kiosk will be there on a temporary basis although it is not clear when and how frequently this will be other than the fact that the kiosk will be positioned behind the Mitre during TT and MGP fortnights. The applicant has confirmed that the kiosk will be in situ for a period of 18 to 24 months in order to establish the need and growth of the business and to see is there is viability for implementation for the larger, approved scheme or whether there needs to be something smaller. The kiosk at the Mitre will only be in situ during TT and Manx Grand Prix/Festival of Motorcycling periods when access off the A3 at the main entrance, is not available.
2.2 The kiosk is a timber, pitched roofed structure with a metal roof with double doors and two windows on one elevation and no other apertures on the other elevations.
2.3 The area between the kiosk and the entrance will be finished in tarmac with areas of grass (shown in brown on the plans). Following concerns raised by the occupier of Westlands, the location of the kiosk at the main site has been moved to the other side of the space, closest to the existing lane and with the existing access to the garden shown (27C). Planting is to be introduced to reinforce the boundary with Westlands and to make intervisibility less available.
2.4 New hedging of an unspecified type - now clarified as Aucuba japonica crotonifolia (a dense, evergreen speckled leafed shrub which has purple berries and red berries in the female variety) will be introduced along the boundary between the site and the rear garden of Westlands.
2.5 The applicant has provided supporting information, explaining that the agricultural operation is registered with DEFA as an agricultural business and run as a partnership between two individuals who have farming backgrounds. The business was started in 2012 with 13 imported goats and different groups have been introduced over the years, there being 280 at maximum and the number currently stands are just over 100 which will increase once kidding commences at the end of March. There are currently three types of goat on site - Boer, Engora and Anglo Nubian and cross breeding between the breeds is undertaken to create specific types of animal.
2.6 Pure and cross breed Boer goats are bred for meat, spending two years on the farm and raised on chemical free grass and having free access to a purpose built field shelter or barn. All animals go through the abbatoir but are retained by the applicant and returned once slaughtered to be stored and butchered and packaged when required. The meat is sold seasonally from late spring/early summer to Christmas. All the meat products are sold on Island direct to the end customer including restaurants.
2.7 The Angora goats produce fleece and are sheared twice a year and shipped to the UK for spinning and returned for sale and knit into garments.
2.8 Anglo Nubian goats are prized for artisan cheese makers as the milk is very high in butterfat and protein. Milk and cheese is produced on the site and sold in recyclable, returnable glass jars. The products are sold at various farmers' markets with a stall every Saturday at the Ramsey market. They were attending two additional markets every week but no longer have the time and now hope to have a self serve outlet on the farm allowing their customers to have access to the products every day and not just Saturdays.
2.9 They also sell goats and offer on-going support and provide goat boarding.
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2.10 The farm grows fruit and this will also be available for sale at the kiosk.
2.11 Their products have won awards and is well thought of and the process aims to be as holistic and environmentally sustainable as possible.
2.12 Since the Coronavirus precautionary measures, the applicant is finding difficulty in finding outlets for their already prepared meat and approval of this facility will enable them to apply for the appropriate financial assistance to help them diversify their business and hopefully survive these current conditions.
PLANNING POLICY 3.1 The site lies within an area of Residential use on the Kirk Michael Local Plan of 1994, part of a much wider area that wraps around the eastern side of the village. The proposal is not residential so does not strictly relate to General Policy 2 although this sets out general standards of development which should be applicable to any kind of development. In this case, the relevant parts are those which require the development to have an acceptable impact on the living conditions of those in neighbouring dwellings and on highway safety. In addition, the Strategic Plan makes provision for the sale of agricultural produce under Environment Policy 18: "Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies." In this case it is understood that the items to be sold are produced on the farm.
3.2 The smaller site lies within the Kirk Michael Conservation Area and as such, the development is required to preserve or enhance the character of appearance of the Area in accordance with Environment Policy 35 of the Strategic Plan and Policy CA/2 of Planning Policy Statement 1/01. This also lies within a wider area of Predominantly Residential use although the land is currently agricultural.
PLANNING HISTORY 4.1 Aside from the various applications for residential development of the adjacent land (which were all refused) the applicants have submitted a number of applications for the creation of the goat enterprise, the most relevant of which was 17/00678/B which is referred to above and which included the creation of an amended access to the main site and the erection of a large building in the field between the current proposal and the main farm buildings. That application would have resulted in an access running through the current application site, approximately 5m at its closest to the boundary with Westlands with the building and associated parking area being some 50m and more from its rear boundary.
REPRESENTATIONS 5.1 Michael Commissioners have not commented at the time of writing.
5.2 Highway Services have no objection (07.02.20).
5.3 The tenant of Westlands expresses concern that the kiosk should not be sited immediately alongside Westlands' boundary and people entering the site will be close to the bedroom window of that property, creating issues of privacy. He also expresses concern at whether the kiosk will remain as shown or whether it would be extended and seeks assurance that there will be no cooking in or noise nuisance from the use of the kiosk. Finally, he refers to an existing access from the high road to the rear of Westlands which would be impeded if the kiosk is sited as proposed (29.01.20). No comments have been received following the amended plan which seeks to address these concerns.
5.4 The owners of Westlands have no objection to the application (10.03.20).
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ASSESSMENT 6.1 The site is wholly designated for residential but this is not what is proposed. However, it is relevant that the larger scale proposal for the permanent building, play area and parking facilities was also approved on land partly designated for residential development and this was not considered to be an issue. The designation brings with it a presumption in favour of residential development on this land so it would be inappropriate to ignore the fact that residential use or development of the site could be possible and the impact of that needs to be borne in mind whilst assessing the impact of the current proposal. In terms of visual impact, the kiosk is clearly smaller than would be a dwelling so the visual impact of it is likely to be less than that of residential development both in terms of the landscape and the impact on Westlands. However, a single dwelling, which is all this land would be likely to support, would not be likely to generate as much vehicular traffic as could the sales kiosk so the current proposal could be considered to have a more detrimental impact on the living conditions of those in Westlands.
6.2 PRINCIPLE OF DEVELOPMENT AS PROPOSED 6.2.1 As noted above, the previous and larger scheme was approved using land designated partly for residential use. As such, this conflict is not considered objectionable in the current case.
6.2.2 The principle of having a facility for selling produce from the farm would accord with EP 18 and a condition could be attached to restrict the goods sold to those produced on the farm. Interestingly, the condition attached to 17/00678/B was a little more flexible, stating,
"The goods sold from the farm shop hereby approved shall be sourced from produce solely grown or produced on the Isle of Man and seafood products caught off the Island or processed here and ancillary and/or complimentary items to the use of the building as a farm shop.
Reason: the part of the building shown as farm shop shall not be used for any other purposes within Class 1 of Town and Country Planning (Permitted Development) Order 2012 or any Order revoking and/or re-enacting that Order with or without modification."
6.2.3 What is proposed in this application is more restricted and refers only to "the sale of farm produce". The supporting statement includes reference to meat and meat products, cheese, milk and related products all produced on the farm as well as wool and skins and knitted products. They also refer to home baked goods which use Manx products which are not solely produced on the farm.
6.2.4 The principle of the proposal is considered acceptable given the above.
6.3 THE IMPACT OF THE DEVELOPMENT ON THE CHARACTER AND APPEARANCE OF THE AREA 6.3.1 The impact of the development is not dissimilar to that which would result from the earlier application's development in terms of comings and goings although people will gather and park closer to the highway. The scale of the building is significantly smaller than that which has approval.
6.3.2 Given that the site is designated for residential development and that there could be an impact from the appearance of a dwelling and the associated activity, the impact on the environment is considered acceptable.
6.4 IMPACT ON HIGHWAY SAFETY 6.4.1 The development will create a similar level of traffic as the previously approved development and there is no objection from the Highway Authority. The impact on highway safety is considered acceptable.
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6.5 IMPACT ON THE LIVING CONDITIONS OF THOSE IN WESTLANDS 6.5.1 As stated above, the impact of what is proposed needs to be compared with what would result from lawful residential development of the site and what has approval under the earlier application. Compared with this, what will result is likely to be different - the comings and goings will potentially be greater during the day than would be the case with a dwelling built on the site, but less in the evenings and when the kiosk is not operational. The activity will be closer than that resulting from the 2017 development but less in scale. Given all these possible alternatives, it is considered that the development including the amended plans moving the kiosk further from the boundary with Westlands, would not have an unacceptable impact on the living conditions of those in Westlands.
6.6 IMPACT OF THE PROPOSED KIOSK TO THE REAR OF THE MITRE 6.6.1 This site is much smaller than the other and will not be used as frequently. Given the distance between it and the nearest residential property, it is not likely that there will be any adverse impact on the living conditions of nearby residents. Any impact will be experienced by those operating the public house and no objection has been received from them. There is a significant car park serving the public house which is often not fully used and as such, any additional traffic for the sale of the goat products should be capable of being satisfactorily accommodated without any harm to highway safety or those using the adjacent buildings. This siting is less conspicuous than the main site and will not significantly or adversely affect the character or appearanace of the Conservation Area or the Registered Building.
6.6.2 PPS 1/01 requires that development within a Conservation Area takes account of the special character of the Area. In this case the kiosk will be positioned behind the existing outbuilding and will not be publicly visible in order to maintain access to this field. The impact on the Conservation Area and the Registered Building is therefore considered to be negligible and certainly not adverse.
CONCLUSION 7.1 The works are not considered to have an adverse impact and will support this local business and help the owners decide the future direction of development. The application is therefore recommended for approval, subject to conditions which establish the time limits of the approval and the items which may be sold from the kiosks as well as the implementation of the proposed landscaping.
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. __
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted... Committee Meeting Date:...05.05.2020
Signed :...S BUTLER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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