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16/00323/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00323/B Applicant : Mr David Cooil Proposal : Erection of two detached agricultural buildings and creation of a slurry lagoon and move overhead power cable Site Address : Field Number 420855 Ballagawne Farm Ballagawne Road Ballabeg Castletown Isle of Man
Case Officer : Mr Edmond Riley Photo Taken : 06.04.2016 Site Visit : 06.04.2016 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is Field 420855, which is an almost rectangular-shaped parcel of land bounded by different land uses and associated with Ballagawne Farm, which is to the north of Colby. The farmhouse itself is roughly 150m to the south of the site as the crow flies. To the east is the A27 Colby Glen Road, while to the north is a recently finished underground reservoir. To the west and south / southeast / southeast are agricultural fields - all in the control of the applicant - while to the northwest, and directly west of the reservoir, is the associated water treatment works.
1.2 Within the site itself is a pair of large agricultural buildings used, at present, as "cow accommodation", which was observed during the site visit. Although the buildings are separate, they are very close to one another and appear from the highway to be a single mass. In total, they measure 36m in length and 26m in width, with a ridge height of 6.1m. There are also some shipping containers to the north of the site, along with some associated plant. The south and southwest of the site has, in places, standing water. To the southern border runs an overhead power cable. The western and eastern boundaries are heavily treed and characterised by a high hedge respectively.
1.3 All the land surrounding the application site with the exception of the reservoir and water treatment works is in the control of the applicant.
2.0 THE PROPOSAL 2.1 Full planning approval is sought for the erection of a pair of agricultural buildings on the site, as well as the creation of a plastic-lined slurry lagoon. Building 1, long and thin, would be located to the northwest of the existing building and would provide a milking parlour / dairy. Building 2, more similar in proportions to the existing building, would be located to the latter's southwest and provide additional accommodation for cattle. The slurry lagoon would be located to the southeast in the area where standing water was observed at the site visit. The slurry lagoon is for the containment of cow slurry and associated effluents. These would be to match British Standard 5502:22, which relates to Building and Structures for Agriculture.
2.2 Building 1 would measure 32.11m in length by 9.14m in width, with an eaves height of 3.05m and a ridge height of 4.27m. It would be largely open-fronted facing into the site, and there is also shown a pair of openings in each side elevation. Building 2, meanwhile, would measure 42.32m in length and 22.86m in width (albeit an additional 3.66m in width would result from large
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16/00323/B
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overhanging eaves), with an eaves height of 3.78m and a ridge height of 7.33m. Both would be finished in a mixture of bargeboards to the roof, tantalised Yorkshire boarding to the side elevations and also concrete panels, with some rooflights present in each roof plane.
2.3 The slurry lagoon would be 53m at its longest and 18m at its widest, and would measure 4,270 cubic metres in size. No section drawings have been provided and so it is unclear what the shape of the lagoon would be, but given that dimensions of both length and volume have been provided, in addition to the material lining the lagoon, this is acceptable in this instance.
2.4 During the course of the application it became clear that an overhead power cable and associated electricity substation will need to be moved in order to make way for the proposed slurry lagoon, over which it currently runs, and also for Building 2, which is near. The applicant is content with this and a plan showing their proposed relocation underground just outside of the application site has been provided by the Electricity team of Manx Utilities, and was provided to the Commissioners for their views.
3.0 PLANNING HISTORY 3.1 The site has been the subject of a pair of applications previously, one (PA 08/01344/B) for the erection of the buildings currently in place and another (09/01063/B) for the temporary storage of infill material associated with the creation of the adjacent reservoir - the latter was approved most recently but has evidently been 'spent' as the infill has now been removed and the approved barns stand on the site.
4.0 THE DEVELOPMENT PLAN 4.1 The site lies within an area designated on The Area Plan for the South (Map 6 - Colby & Ballabeg) as "white land" - that is, not designated for development. Given this and the nature of the proposal, it is appropriate to assess the application against Environment Policy 15 of the Strategic Plan:
"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 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."
4.2 The wording of this policy must still be balanced against Environment Policy 1. The Farmhouse is on land zoned as Woodland.
4.3 In view of the overhead power cables, Energy Policy 2 also applies:
"Land within 9m either side of an overhead High Tension power cable will be safeguarded from development."
5.0 REPRESENTATIONS
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16/00323/B
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5.1 Highway Services of the Department expressed the view that the proposal has no highway implications on 23.03.2016.
5.2.1 Manx Utilities Electricity Directorate objected to the application on 08.04.2016. They identify a high voltage overhead line with pole-mounted substation as well as a low voltage underground cable "in the area of the planning application" and therefore they objected to the proposal.
5.2.2 They were contacted for further details about the location and importance of protecting these particular pieces of infrastructure. They discussed the matter further with the applicant and, as noted, agreed a way forward with respect to the relocation. They commented:
"We have now had several discussions with Mr Cooil of Ballagawne Farm and are satisfied that we can now remove our official objection to his planning application with the following conditions remaining:
Building work for the proposed building shown as building 'A' and/or the slurry lagoon indicated as 'B' on the attached plan at Ballagawne Farm MUST NOT be commenced without the existing High Voltage overhead diversion being completed. Mr Cooil has indicated that he is prepared to divert the HV overhead line as shown on attached plan AL150503 for which a quotation for this diversion work will be sent to Mr Cooil.
"Please accept this email as confirmation that we have no objection to Mr Cooil commencing construction for the building indicated as 'C' on the attached plan 16_00323_B."
5.3 Arbory Parish Commissioners indicated they had no objection to the application on 22.04.2016. No further comment was received when their comments were sought in respect of the relocation of the power cable.
6.0 ASSESSMENT 6.1 The proposal should be considered in light of the general presumption against new development in the countryside (EP1) and also how this balances against the exceptional wording for new agricultural buildings of EP15. No supporting statement, per se, has been provided with the application, but it is evident from both the active use of the site and also the planning history that the business is established and expanding. This in itself provides support to the proposal.
6.2 It is noted in the first instance that the existing pair of buildings in addition to the adjacent reservoir (which is really quite imperceptible) and water treatment works (which are not, though equally are not readily visible from Ballagawne Road itself) provide an agricultural character to the site. The buildings are quite well-screened from the highway, which is not an especially well-used one. The site as a whole is organised and tidy and is clearly in active agricultural use.
6.3 The existing buildings supported the expansion of the business for cattle and it is clear that the new buildings and slurry lagoon are directly related to the further expansion of this business. The submitted supporting information is clear that the lagoon proposed has been designed with the needs of the business expansion in mind. Moreover, the standing water on the site clearly identifies the southern area as best for the proposed lagoon, while the new Building 1 would replace the storage containers (even though these do not benefit from planning approval, their removal is welcome) and Building 2 would be well-located relative to the existing pair. The design and finish of the buildings would be wholly appropriate to agricultural use and to this site and would be similarly obscured from the highway to some degree via the existing buildings, while the size, form and massing of each would in any case be appropriate relative to the existing buildings on the site.
6.4 It is therefore concluded that the proposal complies with EP1 and EP15.
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6.5 Turning to the view of Manx Utilities and also the wording of Energy Policy 2, the proposed method meets the MU's requirements and this means that raising any further queries or concerns on this point is unnecessary.
7.0 RECOMMENDATION 7.1 In view of the above conclusions, it is considered that the application is acceptable and is recommended for approval accordingly.
7.2 A condition requiring the use of the building be for agricultural purposes only is a standard condition in circumstances such as this and is recommended accordingly. (This condition was also attached to the approval in respect of the existing buildings on the site.)
7.3 Similarly, a condition requiring the buildings and slurry lagoon be removed, and the land returned to its former appearance, would normally be recommended. However, as this condition was not applied to the existing buildings on the site, it does not seem appropriate to attach it on this occasion since the visual impact arising from the two existing buildings would not be altogether different from that of the existing and new buildings together. Had the condition been previously applied, though, it would certainly have been recommended in this instance.
7.4 Finally, the condition required by Manx Utilities is considered appropriate and necessary, subject to amendments to the wording.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o 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; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, which in this case includes Highways Services of the Department of Infrastructure, and o The local authority in whose district the land the subject of the application is situated.
8.2.1 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
8.2.2 In this instance, it is considered that the following persons have sufficient interest and should be awarded the status of an Interested Person:
o Manx Utilities.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.08.2016
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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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. The buildings and slurry lagoon hereby approved shall be used solely for the purposes of agriculture.
Reason: The building has been exceptionally approved solely to meet agricultural need and its use for any other purpose would need consideration by the Department.
C 3. The agricultural buildings and slurry lagoon hereby approved shall be removed and the ground restored to its former condition in the event that they are 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.
C 4. No work on the approved Building 2 or the approved slurry lagoon (both as shown on approved Site Plan (1), date-stamped as having been received 17th March 2016) shall commence until such time as the existing high voltage overhead diversion has been completed as shown on Plan AL150503, date-stamped as having been received 27th June 2016.
Reason: To ensure the satisfactory preservation and provision of essential infrastructure.
The development hereby approved relates to the following drawings, all date-stamped as having been received 17th March 2016: the Site Plan (1), the Location Plan (2), P5722-01 and P5815-01, and also to Drawing AL150503, date-stamped as having been received 22nd 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: 09.08.2016
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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