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20/00205/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00205/B Applicant : Mr Gregory & Mrs Debora Carcas Proposal : Erection of an agricultural building Site Address : Field 425031 Ballaglonney Ronague Road Ronague Castletown Isle Of Man IM9 4HG
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 29.04.2020 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. There is insufficient justification and evidence of agricultural need demonstrated for a building of this size and design at this site contrary to General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is field 425031 located just north east of Ballaglonney Farm which sits roughly within the area between Ronague and Grenaby and approx. 1.25 miles north of Ballabeg when travelling along the B42.
1.2 The existing field measures approximately 3 acres and is bound by a mix of sod hedging and vegetation along all sides and provided with an existing gated access from the public highway.
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THE PROPOSAL 2.1 The current application seeks approval for the erection of a 10m x 5m agricultural building along the northernmost boundary nearest the highway and adjacent to the access gate. The building is proposed to be 2.4m to eaves and 3.2m to central ridge. A large door is proposed on one elevation. The supporting statement indicates the building is to sit on a concrete base and is to be constructed from blockwork, timber and sheet metal although there are no drawings to clarify these construction or external details.
2.2 The supporting statement indicates that the proposed building is to store agricultural equipment which supports activities on the site including raising and establishment of plants, keeping of bees and small livestock. Some equipment listed; tractor/agricultural quad bike, mower, rotavator, strimmer/bushcutter, hand tools and safety equipment, clothing and footwear, first aid kit, bee keeping and processing equipment, materials for sowing, potting, propagation, work bench, saw, small tools, foodstuffs, pesticides and seed trays and pots.
PLANNING HISTORY 3.1 The site has not been the subject of any other applications.
PLANNING POLICY 4.1 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly."
4.2 The application site lies within an area not designated for any particular purpose on the Area Plan for the South 2013 and within character appraisal area D14. The applicants' statement indicates that the proposed building is for a number of those uses within the definition of 'agricultural'. It is therefore necessary to assess the current application against those policies which seek to protect the countryside for its own sake (Environment Policy 1), ensure there is a sufficient agricultural need demonstrated to warrant a building in this location (General Policy 3 f) an that the building is designed appropriately for its specific purpose and its siting does not result in the loss of high quality agricultural land or detriment the rural countryside landscape (Environment Policy 15). Section 7.14 of the Strategic Plan also refers to horticultural activity albeit on a much larger nursery and market garden scale, although the principle tests of their acceptability is also relevant (Environment Policy 17).
4.3 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."
4.4 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: f) building and engineering operations which are essential for the conduct of agriculture or forestry."
4.5 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,
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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."
4.6 Section 7.14 Horticulture "7.14.1 The use of land for horticulture, market gardens or nursery grounds is common on the Island and often found on sites in the urban fringe or free-standing in the countryside. Such uses can contribute to the economic activity of rural areas, but the requirement for buildings and adequate access and parking spaces means that such developments can be intrusive in the countryside. The development and expansion of such sites needs to be carefully managed particularly where there are traffic implications and in order to prevent the proliferation of buildings, which may include growing tunnels and external displays and greenhouses, leading to an adverse impact on the character of such areas. 7.14.2 Selling the produce grown in a market garden or a nursery from the site may not constitute development, but retailing other products does, and will be subject to the Department's general retail policies."
4.7 Environment Policy 17: "The development of buildings and other facilities associated with nurseries and market gardens will only be permitted where:
a) any built development is of a scale, form, design and material in keeping with the character of its surroundings; b) any development does not unacceptably affect residential amenity or local highway conditions; c) there is no adverse impact on the character or appearance of the area or a requirement for significant highway alterations; and d) if appropriate, those buildings are erected away from public highways and are screened from public gaze."
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Arbory Commissioners - Objection (23/04/2020) insufficient information and lack of independent verification provided as to the agricultural need for the proposed building.
5.2 Department of Infrastructure Highway Services - No highways interest (10/03/2020)
ASSESSMENT
6.1 The Strategic Plan contains policies that support agricultural development, but as part of any such application it is necessary for the applicants to demonstrate a sufficient agricultural need to outweigh the test of those policies that ultimately seek to protect the countryside for its own sake. Should sufficient need be demonstrated and the principle of need be accepted,
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the assessment shall then fall to the visual and amenity impacts in seeking to protect the quality of the landscape.
6.2 In the case of the current application the supporting information states that the building is for storage of agricultural and horticultural machinery to support activities on the site including raising and establishment of plants and the keeping of bees and small livestock, however there is little evidence within the application to demonstrate whether these activities are being undertaken or that livestock exist. It does appear from the photographs that there has been some tree planting already carried out within the site.
6.3 Often there can be a chicken an egg situation when it comes to agricultural need and agricultural buildings, without an established operation in place it can often be difficult to demonstrate a need for a building, while on the other hand applicants often want to ensure they have all the appropriate facilities and buildings in place before investing in agricultural or horticultural paraphernalia or investing in livestock.
6.4 Often agricultural enterprises are the sole income of farmers and their livelihood is heavily dependent on their continued and efficient operation. The bigger and more established the farming operation the easier it's likely to be to demonstrate a genuine agricultural need for a new agricultural building to continue the farming operation. This is not to say that smaller farm holdings or start up hobby farms should be discouraged as these can also help contribute to local economy and sustainability, but rather that their agricultural justification is proportionate to the size of the operation and that they can provide detailed evidence to support the need for any building.
6.5 The risk is that any ad hoc decisions taken on agricultural buildings without sufficient justification of need could lead to a proliferation of unwarranted large permanent buildings across the countryside which may become obsolete if the intended farming operation had not materialised as expected.
6.6 It seeking to address the chicken and egg situation, it may be that the basic farming/horticultural needs are first met with a smaller and less permanent building, then once a greater need can be established and agricultural need for additional space be sufficiently demonstrated would a larger more permanent unit be considered.
6.7 Although it is empathised that the applicants wish to have a building to keep their suggested equipment safe and support agricultural and horticultural activities it is not considered that there is sufficient justification of agricultural or horticultural need demonstrated or an overriding national need for a building of this significant size and of such permanent design in this location to outweigh those policies that seek to protect the countryside for its own sake and for which there is no other reasonable and acceptable alternative proven.
CONCLUSION
7.1 On review of the application submission and those relevant policies of the Strategic Plan it is not considered that sufficient justification or evidence of need has been demonstrated for a building of this size and footprint in this location and as such the proposal would result in an unwarranted development in the countryside contrary to General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016.
INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf);
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(b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above who should be given Interested Person Status __
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 : Refused Date: 29.04.2020
Determining officer Signed : S CORLETT Sarah Corlett
Principal Planner
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