Officer Report

Application No.: 16/00899/B Applicant: Mr Christopher Grose & Miss Susan Bairstow Proposal: Erection of an agricultural storage shed (retrospective) Site Address: Field 130688 Kella Road Sulby Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 14.09.2016 Site Visit: 14.09.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 SITE - 1.1 The application site forms the curtilage of Field 130688, Kella Road, Sulby, which is a 3 acre parcel of land located to the south and west of Kella Road. The site is accessed via an existing entrance which accesses off Kella Road and a unmade lane which runs in a southern direction for approximately 240 metres. This 'lane' is actually grass, with the exception of areas of hard-core which have been laid to improved accessibility to the site and the surrounding fields. - 1.2 The site is rectangular in shape and approximately three quarters of the site has the appearance of an agricultural field in appearance and character. However, approximately a quarter of the site has been fenced off from the main field and a number of buildings (two currently under construction), ponds, decking, domestic type planting, timber walkways, domestic styles chairs and tables, a number of BBQs and log burners, and garden ornaments have been installed/erected on the site.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of an agricultural storage shed (retrospective). The drawings submitted are limited in detail but indicate a shed including a small decked area beneath the overhanging pitched roof, having a total depth of 4.3 metres, a width of

4.3 metres and a ridge height of 3.5 metres. The plans are incomplete as submitted and do not represent what is on site, as the 'shed' on site includes a number of uPVC windows and patio doors within the south (front) and east elevation (side). Furthermore, there is additional deck fronting the property which is more than as shown in the plans. The 'shed' also has a log burner within the building with an external flue running up the rear elevation of the shed. Again this is not shown on the plans submitted.

2.2 There are a number of building/structure/ponds/features within the site that also require planning permission which are not included within this submission.

3.0 PLANNING POLICY AND STATUS - 3.1 The application site is within an area not designated for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 Due to the land use designation of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:

3.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
• b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment
• d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
• e) location-dependant development in connection with the working of minerals or the provision of necessary services;
• f) building and engineering operations which are essential for the conduct of agriculture or forestry
• g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and
• h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

3.4 Environment Policy 1 states: "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." - 3.5 Environment Policy 15 states: "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".

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

- 5.0 REPRESENTATIONS

5.1 Lezayre Parish Commissioners have recommended an approval (09.09.2016). - 5.2 Highway Services do not oppose (26.08.2016).

- 6.0 ASSESSMENT

6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on

• the appropriate Area Plan with the exception of those buildings which are essential for the conduct of agriculture or forestry.
• 6.2 Environment Policy 15 also needs consideration, as the first paragraph of this policy requires first the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.
• 6.3 Turning to the agricultural need of a building on the site, the applicants have indicated that the shed is needed for the storage of livestock feed and growing of seedlings.
• 6.4 Visiting the site (14th August 2016) there was evidence of 7 Loughtan sheep on the larger part of the site. There was also evidence of a small vegetable plot (ploughed land) albeit it is not known what if anything has been planted.
• 6.5 There is significant concern that even with this building on site, there is no significant agricultural justification for the building. Its design is such that livestock could not utilise it and in terms of the growing of seedlings, the building's design and size would appear overly large for such use and the roof of the building is solid, rather than glazed i.e. greenhouse. However, visiting the site it was noted that the shed, appeared more like a summerhouse which you would expect to find within a domestic property. Furthermore, it was clear that the space within the building was been used for more recreational purposes rather the growing of seedlings etc. There was evidence of chairs and a pew, a log burner, book shelf, table and decorative garden ornaments on the walls and table. Whilst there was evidence of plant pots and gardening books on the book shelf, these appear useful for gardening purposes rather than agricultural purposes. Evidence of this is how the majority of the eastern part of the site appears, i.e. as a domestic garden with domestic landscaping which has been planted (rhododendron, escallonia) and the creation of domestic styled planted borders, decked areas with tables and chairs, BBQs, external log burners and decorative ponds.
• 6.6 It should be noted that the current application only seeks approval for the single shed and does not seek a change of use of the site nor for any of the other buildings, structures, ponds etc.
• 6.7 Overall, the Department is not satisfied that there is agricultural need for an agricultural building on the site sufficient to outweigh the general policy against development in the countryside therefore the proposal is contrary to Environment Policy 1 and 15.
• 6.8 There is also a question of the appropriateness in terms of scale, design, materials, colour, siting and form of the building. Clearly the timber building with uPVC windows and doors appears as a domestic summerhouse which is wholly out of keeping within the countryside setting and its appearance has an adverse effect upon the visual amenities of countryside. It also appears to be being used for more domestic / recreational purposes given the furniture, log burner, bookshelf and garden ornaments located within it. Accordingly, if an agricultural need for a building on the site was accepted, the scale, design, materials, colour, siting and form of the building is considered unacceptable and not a building one would expect to see within a countryside setting or appropriate for agricultural activities and therefore fails Environment Policy 1 and 15 irrespective of the need.

- 7.0 RECOMMENDATION

7.1 For these reasons set out in this report, it is considered the proposal would contravene the relevant policies as indicated within the Isle of Man Strategic Plan and therefore it is recommended that the application be refused. - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Refused

Date of Recommendation: 01.11.2016

• R 1. Whilst General Policy 3 and Environment Policy 15 of the Strategic Plan make provision for development which is essential for the conduct of agriculture, it is not considered that there is sufficient agricultural need to set aside the strong policy objection to development in areas not designated for development.
• R 2. The building in terms of its design, layout, appearance and finish are not sympathetic to the landscape of which they form a part being in a countryside location. Accordingly, it is considered the building are contrary to the provisions of Environmental Policy 1 and Environmental Policy 15 of the Strategic Plan.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date: 02.11.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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