DEC Officer Report

Applicant: Mr Shane Skelly Proposal Erection of horticultural storage building Site Address Field 320909 Top Road Crosby Isle Of Man Case Officer : Mr Paul Visigah Photo Taken: 11.03.2020 Site Visit: 11.03.2020 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 06.04.2020

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The 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 or horticultural purposes.

Reason: The building has been exceptionally approved solely to meet horticultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C 3. The building may only be used for horticultural or agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of a horticulture storage need only.

This application has been recommended for approval for the following reason. The application is considered to accord with GP2, EP 2 and EP15 and is supported.

Plans/Drawings/Information; This approval relates to the Planning Statement, and drawing numbers 980/001 and 980/002 all received on 21st February, 2020.

Interested Person Status

Additional Persons None

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

THE SITE

1.1 The site represents the curtilage of Field 320909 situated on the southern side of the A23 (Top Road), Crosby and south of Ballaclucas Farm. The land which is served by a single track access is considerably enclosed by trees and Manx hedges which runs along the site boundary; serving as boundary markers for the agricultural land. - 1.2 This 1-acre site is surrounded by agricultural fields with one of the fields at the southern boundary having a large pond which appears to be artificial. THE PROPOSAL

2.1 The proposal seeks planning approval for the erection of horticulture storage building on the application site. This building will be erected to the north of the field, with easy access to the farm track serving the site. The building will be 3.5m from the boundary to the north and

• 3m from the eastern boundary of the work area. The horticultural storage building will be 12m long and 7m wide (84 sq.m). This facility with mono-pitched roof will slopes into the site, having a height of 3.5m on the northern elevation and 3m on the southern elevation. The only entrance would be through a 3.2 x 2.6m roller shutter door located midway on the southern elevation. There would be six rooflights 1m x 1.5m located on its mono-pitched roof which slopes southwards.

1.2 The building will have external walls made of green coloured portal framed metal. The roof, as well as the roller shutter door will also have colour as the walls. The proposal has been designed in a manner that would ensure that the high hedges and trees serve as the backdrop for the development and ensure that the building is not visible from the public highway. - 1.3 The site plan submitted gives an indication of how the site would be subdivided with the orchard situated on the southeast location, beehives situated south-west, while vegetables and herbs will occupy the central location within the site. The facility which will be situated north of the planting area will be subdivided equally into three sections with the serving as storage for mobile equipment such as the tractor. - 1.4 The supporting information provided indicates that the applicant intends to lease the land from the current owner for the proposed use. It also states that the applicant has experience and qualifications in Arboriculture, Horticulture, Premaculture, Bee keeping and Basket weaving. This document further states that the applicants family rely on plan based diet, eating local and chemical free produce and have the ambition of producing their own on site using their own expertise. It is noted that the site was deemed ideal for horticulture due to the soil conditions, available south facing light and shelter afforded by the hedging surrounding the site. - 1.5 The building will be used for:

• i. Storage of equipment including hand tools, rotavator, midi-tractor, topper (mower).
• ii. Storage of Organic fertilizer
• iii. Storage of compost and on-site composting
• iv. Storage of seeds and plants

• v. Propagation of seeds and plants

PLANNING POLICY

3.1 The site is shown on the 1982 Development Plan Map as being land that is not designated for any particular purpose, albeit, the site is within an Area of High Landscape or Coastal Value and Scenic Significance. Within the Isle of Man Strategic Plan, the following policies are considered relevant:

3.2 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; - 3.3 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.

3.4 Section 7.14 of the Strategic Plan: 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.

3.5 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, 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".

PLANNING HISTORY

4.1 The application site has been the subject of a single planning application which is considered to be materially relevant in the assessment and determination of the current application:

4.2 PA 18/01157/B - Erection of an agricultural building for the storage of agricultural machinery - Refused

• 4.2.1 The application was refused on the premise that the applicant did not provide adequate justification to demonstrate that the agricultural need for a new building, sufficient to outweigh the conditions stipulated in GP3 and EP2.
• 4.2.2 It was also noted in the Officer's report that there was no formal tie between the application site and the site that the equipment to be stored on the site would be required for, or any of the adjoining fields. The report also highlighted the fact that the use of the site in connection with The Braaid Farm could lead to future pressure for commercial use of the site.

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 10 March 2020.

5.2 Marown Parish Commissioners have made the following comment regarding the application in a letter dated 19 March 2020:

The Commissioners have considered the above at their meeting on Wednesday last. The Commissioners are not convinced of the need for such a large building in terms of footprint and, more particularly, height being required for the stated purpose and without further and better information are unable to support the application.

ASSESSMENT

6.1 The key issues to consider when assessing applications such as this are the principle of the development and the impact the development will have on the character of the countryside.

The principle of the erection of horticulture storage building

• 6.2.1 As with any countryside development, there is a presumption against any which would adversely impact the countryside. With this development proposal, which is within the countryside, 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 a well annotated site plan indicating the proposed used of the site, as well as the proposed building plan which shows a clear subdivision of the building and the use of the various sections. There is also supporting information showing the various uses of the proposed building which falls within the acceptable use for buildings setup in support of horticulture. It is also considered that the proposal accords with the guidelines stipulated in Section 7.14 of the Strategic Plan on Horticulture and EP 15.
• 6.2.3 As well, a review of the planning history for the site evidences that the proposed use is considerably at variance with and an improvement on the previous application (PA 18/01157/B) which proposed using the site as an agricultural building for the storage of agricultural machinery in association with another site that was approximately 2.1km away by road; with

• significant traffic implications for the connecting highway. Considering the applicant intends to put into productive use an isolated agricultural site which is not connected to any of the adjoining farms is also considered to bode well with the proposed use which does not require large land expanse to function but small-holdings. Besides its location within Class 3 land which is suitable for cultivation will ensure that the horticultural need, which is usually intensive, would be appropriate for the field.
• 6.2.4 Whilst the Marown Commissioners stated that they would require further information in order to determine their support for the application, it is considered that the information provided within the submitted plans and supporting statement is sufficient to justify the need for a building with a footprint of 84sqm on a 1 acre field for the support of horticulture. Moreover, the land may legitimately be used for agricultural purposes, which includes horticulture and it is equally legitimate to require buildings or structures needed in association with these uses. The agricultural need for the new building is therefore accepted. 6.3 Impact on the character of the countryside

• 6.3.1 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. The building will also be sited relatively close to the building group within the locality (about 100m) and will have no adverse visual impact from its proposed location. 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 need for the horticulture storage building, 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) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (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 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

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 onlineservices/customers and archive records.

Planning Committee Decision 05.05.2020

Application No. : 20/00216/B Applicant : Mr Shane Skelly Proposal : Erection of horticultural storage building Site Address : Field 320909 Top Road Crosby Isle Of Man

Planning Officer : Mr Paul Visigah Presenting Officer S BUTLER

Addendum to the Officer’s Report

Planning Committee approved the application subject to an additional condition restricting sales from the site.

C4. No retail sales shall take place from the building hereby approved. Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details.