145585

==== PAGE 1 ====

                                                 16/00732/B
                                 Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00732/B Applicant : Mr Colin Oates Proposal : Erection of two detached agricultural buildings Site Address : West Kimmeragh Farm West Kimmeragh Road Bride Isle of Man IM7 4BA

Case Officer : Miss Abigail Morgan Photo Taken : 09.08.2016 Site Visit : 09.08.2016 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE SITE

1.1 The site is the holding of West Kimmeragh Farm, a farm extending to 130 acres ( 106 owned and 26 rented) mostly on the southern side of the A17 Burma Road between Bride village and Andreas village. The farmyard is on the southern side of the road with a farmhouse and a range of outbuildings or varying sizes, ages and styles. The predominant character is of the farm is a collection of old and interesting farm buildings with long, low slated roofing and a white painted brick building immediately alongside the road, similar low buildings alongside with the main farmhouse being a red brick traditional property with substantial chimneys.

1.2 To the north east of the group is a cleared open area where machinery and vehicles are currently parked. The building on the edge of the farm group, adjacent to this is a dome roofed open sided building with sheeted finish.

1.3 In the farm yard the 2011 new building has been erected.

2.0 THE PROPOSAL

2.1 The application is for two barns - Barn A and Barn B; Barn A - 18m x 15.25m x 5.4m (eaves) x 7.5 (ridge) - is located in the existing courtyard area Barn B - 9.15m x 18m x 4m (eaves) x 5.3m (ridge) - is located on piece of green space on the south-eastern of farmyard

2.2 Both are proposed to be steel framed, walls up to 1350mm rendered and painted, olive green both profile cladding walls and roof, doors to be treated softwood with black upvc rainwater goods.

3.0 PLANNING HISTORY

3.1 Planning permission was given under 11/01456/B for the Erection of an agricultural building. This building has been erected.

3.2 This was approved subject to the following condition; "Condition 4 - Prior to the use of the new building hereby approved, the existing building indicated on the plans to be removed must be completely demolished and removed from site."

3.3 There is also 16/00631 - application for the erection of a cattle shed in field no 110929 which is being considered concurrently.

==== PAGE 2 ====

                                                 16/00732/B
                                 Page  2  of  4

4.0 PLANNING POLICY AND STATUS

4.1 The site lies within an area designated as "white land" on the Town and Country Planning (Development Plan) Order 1982, that is, open space not designated for development. As such, Environment Policy 15 is applicable: "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."

5.0 REPRESENTATIONS

5.1 Bride Commissioners have no objection to the application. 19.07.16.

5.2 DOI Highways - no highways implications. 18.08.2016.

5.3 DAFF Comments, there are no Concerns about Barn A, however there are 2 trees of category B near the proposed footprint of Barn B. Options are proposed about how to deal with these trees, a tree protection plan and additional landscaping.

6.0 ASSESSMENT

6.1 The proposal is for the erection of two agricultural buildings. One is shown to replace an existing building, however this should have been removed under the 2011 planning permission for erection of agricultural building. On this basis I have assessed the application on the basis that the building should have demolished under a previous consent. However that being said this barn is being utilised for the storage of equipment and hay.

6.2 The site is clearly a working farm and the proposals are for more modern buildings for modern farming requirements for storing hay and machinery. Currently there is a lot of machinery stored outside. The two new buildings will result in an improvement to the environment, enabling the owners to store items inside. The building is in amongst the existing farmyard in accordance with the policy.

6.3 While the agricultural need statement that has been submitted with the application is insubstantial it is clear from the planning history that this site has a long and evidently viable use as a farming enterprise. The proposal is for the storage of machinery and hay, it was evident from the site visit that additional storage was required.

6.4 The proposed buildings will be within the main group of farm buildings although extending it outward slightly in a southerly direction. There will be no adverse visual impact from this and the proposal it considered to comply with Environment Policy 15 which requires new buildings to be amongst others where possible and be of appropriate scale and appearance.

==== PAGE 3 ====

                                                 16/00732/B
                                 Page  3  of  4

6.5 Barn B is close to 2 category B trees which DAFF consider should be protected. Conditions have proposed which require protection measures and replacement should they die as a result of the proposal, to address DAFF comments.

6.3 As a result, it is concluded that the proposal does fall within the exceptions set out in General Policy 3 and it does accord with Policy EP15 in that the proposal is sited a close as is practically possible to existing building groups and is appropriate in terms of scale, materials and colour, siting and form.

7.0 RECOMMENDATION

7.1 On the basis of the above the application is recommended for approval, subject to conditions.

8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

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:

Permitted Date of Recommendation: 09.09.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around the two existing Elm trees, adjacent to Barn B, to be indicated on plans to be first submitted to and approved in writing by the

==== PAGE 4 ====

                                                 16/00732/B
                                 Page  4  of  4

Department. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the 2 existing trees to be retained within the site.

C 3. No works or clearance shall commence in relation to Barn B until details of proposed excavation and levelling in relation to the two Elm trees has been first submitted to and approved in writing by the Department. The approved details shall be adhered to throughout the construction period.

Reason: To safeguard the existing trees and planting to be retained within the site.

C 4. The 2 existing Elm trees shall be retained in accordance with the approved details. Should either of the 2 trees within five years of the approved development being occupied or completed (whichever is the later) die, are removed or become seriously damaged or diseased they shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

Reason: To safeguard the appearance of the development and the surrounding area.

C 5. The agricultural 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 purposes.

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

This approval relates to Drawing 16 1173 1A, 2, 3 and Agricultural Justification Information all date stamped received 28 June 2016.

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 : Permitted

Date: 26.09.2016

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

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 online services/customers and archive records.