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20/00765/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00765/B Applicant : Apple Orphanage Co. Ltd. Proposal : Erection of temporary building for storage and retail use Site Address : Apple Orphanage Field 310346 Ramsey Road Peel Isle Of Man
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.09.2020 __
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 development hereby approved is for agricultural use and the ancillary elements referred to in C5 only.
Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved. Any other use would require permission via separate application.
C 3. Planning approval is hereby granted for a temporary period only and shall cease to have effect on 31st December 2025 ('the cessation date'). The use will stop on the cessation date and the application site shall be cleared of all works and development (including any ancillary works, infrastructure, fixtures and fittings) permitted under this approval within 3 months of the cessation date.
Reason: The building is acceptable only for a temporary period because it meets a specific short-term need.
C 4. The building hereby approved including cladding and planting but excluding water tanks and solar panels shall be completed in accordance with approved drawings (ref: PTBS-01, PTBS-02, PTBS-03, PTBS-04, PTBF-1-02, PTBF+B-01, PTBF-E-01 and PTBF-D-03) within 12 months of the decision becoming final and retained as such thereafter and for a period no longer than that specified in C3.
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Reason: The proposal has been considered acceptable based on the unique and deliberate design approach of the building and an exception has been made in this case.
C 5. For the avoidance of doubt retail from the site shall be restricted to produce grown on site and associated products only, and for no other purpose including any other use within Class 1.1 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.
Reason: The retailing of any other products not grown on site would need to be assessed as part of a separate planning application and against the Departments relevant policies on retailing.
N 1. The applicant is reminded that a separate application for Express Consent is required for any signage/advertisement at the site.
This application has been recommended for approval for the following reason. Subject to those conditions relating to agricultural use, temporary 5 year period, its completion within 12 months and removal should it no longer be required and a condition restricting retail sales, the application is considered to comply with General Policy 3 (f), Environment Policies 2, 15, 17 and 18 and paragraphs 7.14.1 and 7.14.2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to Location Plan, supporting statement and the following drawing ref numbers all dated stamped and received 15/07/2020: PTBS-01, PTBS-02, PTBS-03 and PTBS-04 PTBF-1-02, PTBF+B-01, PTBF-E-01 and PTBF-D-03 PTS-A1-01 and PTS-A1-02 NP-STRUCT PTBVFR-01 PR-TS-01 SP-0-01 01SP-01, 01SP-02, 01SP-03
The application drawings also includes reference to 4 drawings submitted for a contemporaneous application 20/00661/B showing details for access, internal roads and parking for the site. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site comprises a parcel of land approx. 5.4acres on the eastern side of the A4 road linking Peel to Kirk Michael and south of the junction with Ballabooie Road.
1.2 The site (field 31046) is planted as an orchard and forms part of the established operation of the 'Apple Orphanage', a local business specialising in the production of handcrafted drinks made from local produce and home grown ingredients producing around 100,000 bottles per year.
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1.3 Access into the site is currently via a typical agricultural gated entrance set back approx. 6m from the edge of the A4 and positioned almost opposite the farm entrance to Lynague Farm which is where the 'Apple Orphanage' is currently based within a rented stone barn belonging to a full working farm where access is currently shared between the business, the farm and a public footpath. The shared nature of the farm access often presents limitations in parking and manoeuvrability and can make deliveries to the business site difficult particularly with large vehicles.
1.4 Part of the business operation includes a community fruit exchange whereby persons can drop off ad-hoc home-grown produce to the farm for production, this fruit exchange provides an opportunity for the 'Apple Orphanage' to engage with and educate their customers by promoting and detailing horticultural practices to ensure best practice in food production and promote Manx farming. At present the constraints of the existing shared track makes difficult the drop-off of produce, this is further exacerbated by the limited visibility from the existing farm access making the exit on to the main road more challenging.
1.5 The field site here is current subject to two applications, this one for the erection of a temporary agricultural building and the second for alterations and improvements to the existing field access to accommodate the orchard use and business operations.
2.0 THE PROPOSAL 2.1 The application proposes the erection of a temporary agricultural building for a period of 3-5 years. The temporary agricultural building proposed is to be created through the siting of two green shipping containers and a steel framed arched green canopy between mimicking a 'polytunnel' style appearance and providing a covered central store area.
2.2 The building is to be sited part way along the southern boundary and middling the field central to the orchard. The temporary building is proposed to have an overall footprint approx. 12.2m x 12.8m and the front elevation is to join the internal turning circle (proposed under 20/00661/B) and face west towards the main road.
2.3 Each shipping container is 2.9m tall x 2.4m wide x 12.2m long, the proposed arched PVC canopy is to span 8m between the two shipping containers reaching 5.5m at it tallest point. The building frontage is to be clad in recycled wooden pallets.
2.4 Internally the shipping containers are to provide fully enclosed and weatherproof space for the storage of finished and completed products. Within the end of one shipping container is also to be a small 2.6m deep shop area for the retail sale of products made on site. The internal space created by the anchored canopy is to provide an area of general and fruit storage for the site.
2.5 In terms of ground works the building is detailed to be sitting on three concrete pier foundations with a smaller concrete pad nearest the front elevation facilitating delivery, pick up and customer fruit exchange area. At the rear of the building are rain water storage containers and across the roof of one storage container are detailed a row of south facing solar panels.
3.0 PLANNING HISTORY 3.1 Aforementioned, there is a contemporaneous application on the site for upgrading works to the existing field access 20/00661/B, this application remains pending consideration.
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area not designated for development and zoned as Area of High Landscape Value or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Section 45 of the Town and Country Planning Act 1999 specifies that fruit growing is an agricultural practice. Section 6(3)(c) further states that the use of any land and
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any building occupied together with that land for purposes of agriculture does not constitute development.
4.2 Paragraph 7.14.1 and 7.14.2 of the Isle of Man Strategic Plan 2016 (IOMSP) highlights the existence of market gardens, horticulture and nurseries across the Island's countryside and their contribution to the Island's economy; however their development and expansion should be carefully managed to ensure there is no intrusion or adverse impacts on the character of the area. The selling of produce grown on the site may not constitute development but retailing other products does, and will be subject to the relevant retail policies.
4.3 The proposed temporary building is to be agricultural and to facilitate the orchard operation of the site therefore the key policies to consider in the assessment are General Policy 3(f) where development will not be permitted unless essential for the conduct of agriculture, Environment Policy 2 in seeking to protect the character and quality of the landscape, Environment Policy 15 which specifically covers the development of agricultural buildings and their impact in terms of visual, siting and amenity impact on neighbours, paragraphs 7.14.1 and 7.14.2 and Environment Policies 17 and 18 referring to horticulture and market gardens and the sale of produce.
4.2 General Policy 3 (states in part):
"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.."
4.3 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."
4.4 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
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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".
4.5 "Paragraph 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.
4.6 Paragraph 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."
4.8 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."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Parish Commissioners - No objections (12/08/2020)
5.2 The Department of Infrastructure Highway Services - Do not oppose (04/08/2020).
5.3 DEFA Island Fisheries - No objection (05/08/2020)
6.0 ASSESSMENT Introduction
6.1 Paragraph 7.14 of the Strategic Plan 2016 sets out that the use of land for horticulture, market gardens or nursery grounds is not uncommon and such uses can contribute to the economic activity of rural areas, but that their development and expansion of such sites needs to be carefully managed so as to not result in any adverse impacts.
Agricultural Need
6.2 The current proposal forms part of a larger master plan for the site which ultimately seeks to allow for the continuation and growth of the established 'Apple Orphanage' business
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and the cultivating of the orchard and production of handcrafted beverages. Over the years the company expanded beyond the original stone barn premises and there became an immediate need to source additional space. Due to the nature of the business the space needed to be in close proximity to the orchard and was found through renting space from neighbouring farms, however this space has since become unavailable due to the current Covid-19 pandemic and neighbouring farms introducing restrictions in order to reducing their risk of contamination.
6.3 The need for additional space has been on-going for the business and while temporarily met through rented farm space, the need has now become immediate to ensure to the continued operation of the business. The proposed building provides approx. 156sq m of space, which is 6sq m more than the rented space and now also in a much closer proximity to the orchard and main hub of the business operation. The agricultural need for a building to support the continued operation of the established orchard is considered acceptable.
Visual Impact
6.4 Shipping containers are not generally structures found across the Island's countryside and their proliferation should be avoided at the risk of resulting in adverse harm to the quality of the rural landscape. These structures however, and as demonstrated by the current proposal, can be re-designed and carefully adapted to create something new. Proposed as part of this application is the siting of two shipping containers that are incorporated into a deliberate and well considered design approach which seeks to create an agriculturally styled building on the site with an overall finish that seeks to reflect the contemporary ethos of the 'Apple Orphanage'.
6.5 The dark green colouring of the proposal coupled with timber cladding marries well with the orchard use of the site; the building is fairly small by agricultural standards and size to meet the immediate needs of the business, in terms of its footprint and height is not considered to be unreasonable. Although perhaps isolated compared with buildings in the surrounding area, its central location here is best suited to the operation of the site and the setback location furthest from the road and beyond the orchard planting helps to minimise impact from public view. It could be argued that the need for the building here to facilitate the continued operation of the established local business could outweigh any issues in relation to the AHLV status. However given the acceptable and unique design of the proposal which is considered to be generally in keeping with the rural character of the area and landscape it is felt that both the business and visual needs are met whilst also meeting with the tests of the relevant planning policy.
7.0 CONCLUSION 7.1 It has been satisfied that there is agricultural need for a building here and the siting, unusual design and overall size of the building will help to best limited visual harm to the character and quality of the AHLV.
7.2 The temporary building has been sought for a specific agricultural need for a period of 3-5 years, in order for the visual impact to be acceptable the building needs to be fully implemented in accordance with its unusual design. As part of any such approval suitably worded conditions should be considered for its sole agricultural use, its temporary period, the need to have the structure completed within a specified time frame and its removal should it no longer be required. A condition also specifying that the retail element of the scheme is to be restricted to the retail sale of product made on site only is appropriate for the avoidance of doubt.
7.3 Subject to the above conditions the application is considered to comply with General Policy 3 (f), Environment Policies 2, 15, 17 and 18 and paragraphs 7.14.1 and 7.14.2 of the Isle of Man Strategic Plan 2016.
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7.4 On discussion with the applicant it was agreed that a period of 12 months would be acceptable to have the structure completed in accordance with the drawings and that the temporary period given the current climate for business during the current pandemic shall be for the longer 5 year period.
8.0 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
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 : 21.09.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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