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16/01277/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01277/B Applicant : Mr Chris Treanor Proposal : Replacement agricultural storage building Site Address : Winterbrook Cottage Ballaragh Road Laxey Isle of Man IM4 7PG
Case Officer : Mr Chris Balmer Photo Taken : 14.12.2016 Site Visit : 14.12.2016 Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION BEING RECEIVED FROM THE LOCAL AUTHORITY WHICH IS A CONTRARY TO THE RECOMMENDATION.
1.0 THE APPLICATION SITE 1.1 The application site is Winterbrook Cottage, Ballaragh Road, Laxey, which is located to the north-east of Laxey Village and south east of the Laxey Wheel. The site is mainly characterised by fields with the exception of the main dwelling house with detached garage, two stable buildings (total of four stables) and a further timber agricultural field shelter. The site is generally sloping in nature, with the northern eastern corner of the site gradually slopping downwards in a western direction.
1.2 The boundary treatment of the application site mainly comprises of hedging and natural vegetation, especially along the east, southern and western boundaries.
1.3 The surrounding area is characterised by countryside features such as high levels of vegetation, sparse populated properties apart from Ard Reayrt housing estate and general open space. There are a number of farm buildings more than 300 metres above the application site.
1.4 The site is accessed via private farm lane which runs for approximately 600 metres from the Ballaragh Road which is to the south of the site.
2.0 THE PROPOSAL 2.1 The application seeks approval for the replacement agricultural storage building. The proposal would replace the existing field shelter with an agricultural barn which has a width of 12 metres, a depth of 8 metres and a ridge height of 4.2 metres, finished in olive green box profile metal sheeting to all elevations and roof. The works also include the profiling of a small section of the site to enable the new barn to be sited on a similar footprint to the existing field shelter.
2.2 For information, the existing field shelter has a width of 5 metres, a depth of 2.6 metres and a ridge height of 3 metres.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of the previous planning applications, three of which are considered specifically relevant to the assessment of this current planning application:
3.2 PA 12/00925/B: Erection of an animal shed / food store. This application was refused at appeal for the following reason:
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"1. The proposed development would not qualify as one of the exceptions to the presumption against development in the countryside as set out by General Policy 3 of the Isle of Man Strategic Plan 2007 and as such would contravene this established policy which aims to prevent development that fails to preserve or enhance the Manx countryside.
The proposed animal shed/food store, by reason of its size, siting, design and finish would be contrary to the provisions of Environment Policy 2 and Environment Policy 21 of the Isle of Man Strategic Plan 2007 as the proposal fails to protect the character and quality of the landscape and is considered to be detrimental to the character and appearance of the countryside.
The proposed development represents unwarranted development within the countryside and area recognised as an area of ecological interest and would be contrary to both L/OSNC/PR/1 and L/OSNC/PR/3 of the Laxey and Lonan Area Plan Order 2005 that aims to prevent development within areas designated as open space and areas of ecological interest."
For information this proposal was for a larger barn, measuring 9.1 metres wide by 18.4 metres long and would have had an overall height of 3.2 metres. This building was also located to the north- eastern part of the site.
3.3 PA 11/00758/B: Alterations and extensions to dwelling. This previous planning application was permitted.
3.4 PA 08/02313/B: Erection of a dwelling to replace existing redundant agricultural building. This previous planning application was refused.
4.0 PLANNING POLICY 4.1 The application site is not designated for development but is in an area recognised as part Area of High Landscape or Coastal Value and Scenic Significance and part area of ecological interest, under the Laxey and Lonan Area Plan Map No. 1. There are two policies within the written statement that accompanies the Laxey and Lonan Area Plan Order 2005 that are considered specifically relevant to the assessment of this planning application:
4.2 L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains four policies that are considered specifically material to the assessment of this current planning application:
4.4 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
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h) buildings or works required for interpretation of the countryside, its wildlife or heritage".
4.5 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."
4.6 Environment Policy 2 states: "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."
4.7 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 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."
5.0 REPRESENTATIONS 11. The Garff Commissioners have objected (12.12.2016). They raised concerns that no justification has been provided in terms of agricultural need for the building; and they indicated that Environmental Policy 165 and paragraph 7.13.3 both from the IOMSP need to be taken into account when considering the proposal.
For information paragraph 7.13.3 states: "In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for new buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition."
5.2 Highway Services indicated the proposal will have no impact on the existing parking or access arrangements (09.12.2016).
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5.3 Fisheries Directorate - DEFA raise no objection (24.11.2016) to the proposal as the required 'development within 9m of a watercourse' form has been completed by the applicant and are aware of the necessary precautions need to be undertaken to ensure no disturbance to the watercourse occurs.
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 Initially, as highlighted by the Commissioners there was no justification submitted with the application to explain why the building was required on the site. Accordingly, the Department sought additional information which was provided by the applicant, but also an Officer from the department discussed the proposal with the applicant during an unannounced site visit.
6.4 It was evident from the site visit that the applicant has livestock on the site, including four horses/donkeys which are kept within the two existing separate stable blocks. The applicant also has a number of agricultural vehicles (two small tractors) which one is currently stored within a domestic garage and the second under the canopy of the field shelter (proposed to be demolished). These are both understood to be used in connection with the upkeep of the land which they own, as well as the two neighbouring fields which the applicant currently rents. There was also further evidence of agricultural equipment which is currently stored outside within the site and within the domestic garage. Lastly, the feed for the animals (hay) was currently being stored outside under polyphenol tarpaulins, the proposal would allow this to be stored inside.
6.5 It is noted that the previous application was refused for a larger agricultural building (165sqm) which was located 100m to the northeast of the existing dwelling. This proposal is smaller measuring 96sqm in area and being located 25m to the southeast of the main dwelling house. The proposed barn would also utilise the same access and driveway of the main dwelling house.
6.6 The Inspector of the previous application commented that; "Although the appellant indicates that the building is required for 'agricultural purposes' there is no evidence to suggest that there a genuine agricultural need in planning terms and none to suggest that the appellant farms the surrounding land and keeps animals for agricultural rather than private and personal reasons. Whilst accepting that responsible owners need to house their animals, there is a distinct difference between keeping cattle, sheep or other animals for agricultural purposes and keeping horses, donkeys, sheep and poultry on the basis that they are for personal reason relating to living on a large rural site. In planning policy terms, therefore, I do not consider that the building can be referred to as one which is required for genuine agricultural purposes."
6.7 The Inspector goes on to state: "A building of this size (165ms) seems excessive for a small number of animals and other items relating to a residential use. I accept that it would also be used for the storage of machinery, tools and equipment and that it would need to be of suitable size to make the project worthwhile. However, in my view, there is insufficient justification in planning policy terms for a building of this size in a field which is located within the HLCVSS; in and area of open countryside; in one which is also of ecological interest and which is also zoned as 'open space'. Policies L/OSNC/PR/1 and L/OSNC/PR/3 indicate that there is a general presumption against development in such areas where there would be an adverse impact. In this case it is my view that there would be an adverse and harmful visual impact."
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6.8 There are considered to be significant differences between the current proposal and the previous application these being; proposed barn being almost half the size; being sited closer to the main dwelling house; being sited on the footprint of a existing building; access shares the same access and driveway of main dwelling house; The building is not within an area of ecological interest; and the size of the building appears to be of a more reasonable size to accommodate the existing agricultural machinery and vehicles and store of hay/feed.
6.9 Whilst the agricultural operation is not of a scale of full-fledged farm holding, it is considered to be a small holding in scale and nature, noting Environment Policy 15 does allow buildings for agricultural and horticultural purposes, and doesn't not required these to be used only in connection with a fully-fledged farm holding/operation. Furthermore, it is considered the level of agricultural machinery stored and animal feed on the site is of a scale and size which could be reasonably considered to be appropriate for the size of the small holding. The applicant also advised that with using a large proportion of the existing domestic garage for the storage of some of the agricultural equipment, they are unable to park cars or use the garage for its intended use (i.e. domestic garage) as the space available is very limited due to the room taken up by the agricultural equipment. Accordingly, it is considered the justification for the additional barn is acceptable and therefore complies with Environment Policy 15 in this respect.
6.10 In terms of the siting, scale, colour, form and materials of the proposed building, no objection is raised. It is accepted that the building is of a relatively uninspiring design but, in the context of agricultural buildings, it is very much "of its type". That the roof and wall colour would be Olive Green in colour and thus provide a level of camouflage due to surrounding mature landscaping which is also green in colour. The siting of the barn next to the main dwelling house where the applicant lives again would comply with Environment Policy 15 which requires building being as "close as is practically possible to existing building groups".
7.0 RECOMMENDATION 7.1 Overall it is concluded that the planning application does accord to the provisions set out in L/OSNC/PR/1 and L/OSNC/PR/3 of the Laxey and Lonan Area Plan Order 2005 and General Policy 3, Environment Policy 1 & 2 and Environment Policy 15 of the Isle of Man Strategic Plan 2016. It is recommended that the planning application be approved.
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: 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 , in this case, Department of Infrastructure Highway Services and o The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture - Fisheries Directorate 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
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Recommended Decision:
Permitted Date of Recommendation: 03.01.2017
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. The building must be used only for agricultural purposes.
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.
C 3. 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.
C 4. The external walls and roof on the new barn must be a dark green/olive green colour all being retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
This approval relates to drawings reference numbers 1, 2, 01 and P5895-01 all received on 15th November 2016.
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: 23.01.2017
Signed : C Balmer 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 online services/customers and archive records.
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PLANNING COMMITTEE DECISION 23.01.2017
Application No. :
16/01277/B Applicant : Mr Chris Treanor Proposal : Replacement agricultural storage building Site Address : Winterbrook Cottage Ballaragh Road Laxey Isle of Man IM4 7PG
Presenting Officer : Mr Chris Balmer
Addendum to the Officer’s Report
After discussion the Planning Committee agreed with the recommendation and APPROVED the application, but altered conditions 2 & 3 to be more specific to the development proposed.
Reason for Refusal/Conditions of Approval Delete as appropriate
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 building must be used only for the keeping of animals/animal feed or equipment to maintain the land only. For the avoidance of doubt, the building may not be used for general or domestic storage purposes or for any other purpose.
REASON: The countryside is protected from development and an exception is being made on the basis of the specifics of the application. As such the building must be used for the purposes for which it is approved.
C 3. 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 its approved purposes.
REASON: The countryside is protected from development and an exception is being made on the basis of the specifics of the application. Should the building no longer be required for those purposes the land should be restored.
C 4. The external walls and roof on the new barn must be a dark green/olive green colour all being retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
This approval relates to drawings reference numbers 1, 2, 01 and P5895-01 all received on 15th November 2016.
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