13 July 2017 · Planning Committee
Close Leece Farm, Patrick Road, St. Johns, Isle Of Man, IM4 3br
The proposal at Close Leece Farm on Patrick Road involved converting a two-storey stone barn south of the highway into a farm shop (Class 1), cafe (Class 3) with 28 covers, and associated commercial kitchen, retaining existing windows/doors and adding a small rear stone toilet block.
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The officer assessed the proposal against multiple policies, finding the barn conversion acceptable under ENV16 as the existing barn is structurally sound but redundant for modern agriculture due to s…
General Policy 2
Requires development to respect site/surroundings in siting/scale/design (b), not harm landscape character (c), protect wildlife/habitats/watercourses (d), incorporate topography/features (f), provide safe access/parking (h), not affect road safety (i), avoid flood risk (l). Officer found compliance via amendments, sympathetic design, no tree loss, justified need outweighing minor visual impacts.
General Policy 3
Permits conversions of redundant rural buildings of value (b) and essential agricultural operations (f) outside zoned areas. Existing barn redundant for agriculture; tracks/new barn essential for expanding farm operations.
Environment Policy 2
Protects Areas of High Landscape Value unless no harm or location essential. New barn somewhat exposed but only feasible site avoiding flood/water issues; seen against existing farm buildings, need outweighs harm.
Environment Policy 7
Prohibits harm to watercourses without mitigation. Klargester and storage tank address runoff; amendments move barn from River Neb.
Environment Policy 8
Agricultural buildings must not breach water protection code. Waste treatment measures ensure compliance.
Environment Policy 15
New agricultural buildings permitted if need outweighs countryside policy, sited near groups, sympathetic. Proven need from livestock growth; closest feasible to highway/buildings.
Environment Policy 16
Permits rural building reuse if redundant, preserves fabric, no extension/adverse change, acceptable traffic, no dispersal harming centres. Barn redundant, conversion minimal/internal, farm-related use preserves visual interest.
Environment Policy 34
Prefers traditional materials for pre-1920 buildings. Stone toilet block matches existing.
Business Policy 10
Retail in town centres except specified cases. Small-scale farm shop justified as ancillary to farm, not harming centres; conditions restrict to farm/Manx produce.
Transport Policy 7
Requires parking per standards. Amended plans provide spaces/manoeuvring per vehicle tracking.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Visibility splay - barn conversion access
Prior to the commencement of works on the barn conversion hereby approved, a visibility splay of 2.4m by 90m unless otherwise agreed in advance with the Department shall be provided from the existing access to the south of Patrick Road, and the existing access lane widened, as shown on Drawing 3 (Version 2.0) (date-stamped as having been received 6th June 2017). The visibility splay shall be retained as such thereafter.
Visibility splay - new barn access
Prior to the erection of the new barn hereby approved, a visibility splay of 2.4m by 90m unless otherwise agreed in advance with the Department shall be provided from Field no.334899 as shown on Drawing 3 (Version 2.0) (date-stamped as having been received 6th June 2017). The visibility splay shall be retained as such thereafter.
Close historic access
Prior to the car parking and turning areas hereby approved coming into use, the existing access annotated as "historic access now closed" on Drawing 3 (Version 2.0) (date-stamped as having been received 6th June 2017) shall be permanently closed.
Provide parking/turning areas
Prior to the barn conversion element of the application coming into the uses that are hereby approved, each of the parking, turning and manoeuvring areas as shown on Drawing 3 (Version 2.0) and Drawing 4 (Version 2.0) (both date-stamped as having been received 6th June 2017) shall be provided and shall thereafter remain permanently clear of obstruction for the purposes of access, manoeuvre and parking.
Tree retention/replacement
The existing trees shall be retained in accordance with the approved details. Any retained tree that, within five years of the approved development being completed, dies, is removed or becomes seriously damaged or diseased, 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.
Farm shop/cafe for benefit of farm only
The farm shop and café hereby approved shall be for the benefit of Close Leece Farm only and shall not be run independently of the farm.
Farm shop floor area limit
The area of the farm shop shall be as shown on approved Drawing 10 (Version 2.0), date-stamped as having been received 6th June 2017, unless otherwise agreed in advance in writing with the Department.
Restrict goods sold in farm shop
The goods sold from the farm shop hereby approved shall be sourced from produce solely grown or produced on the Isle of Man and seafood products caught off the Isle of Man or processed here and ancillary and complementary items to the use of the building as a farm shop. The part of the building shown as farm shop shall not be used for any other purpose within Class 1 of Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification).
initially sought deferral for visibility/parking details but informally accepted amended plans with vehicle tracking
amended barn position and waste pit address runoff concerns to watercourse
proposed entrapment/treating process meets concerns on dairy washings
Multiple consultees raised concerns about flood risk, highways access and parking, agricultural runoff, biodiversity (Japanese Knotweed), and visual impact, with requests for assessments, conditions, and screening; Highways deferred pending information, others raised issues but no outright objections.
Key concern: new agricultural building in flood zone requiring Flood Risk Assessment
Manx Utilities
Conditional No ObjectionThe Authority requests that the applicant submits a Flood Risk Assessment prior to the application being approved.; The authority also recommends that flood resilient measures be introduced to the proposed building.
Conditions requested: applicant submits a Flood Risk Assessment prior to the application being approved; flood resilient measures introduced to the proposed building including all electric points located above predicted flood levels, provision for flood boards, non-return valves on foul and surface water drains
DEFA Inland Fisheries
Conditional No ObjectionInland Fisheries, DEFA, does not have any objections in principle to this application, but would like to highlight areas where details as provided do raise some concerns.; concerns remain that there may be a risk of run-off into the river.; adequate drainage will need to be provided before the agricultural building can be used for milking, in order to fulfil the requirements of the 2007 Food Hygiene Legislation.
Conditions requested: adequate drainage will need to be provided before the agricultural building can be used for milking
Department of Infrastructure (DOI) Highways Division
No CommentDefer - awaiting information; Highway Services requests that the application is deferred to allow the applicant to consider the above.
Conditions requested: Drawings to appropriate scale indicating all vehicle types can enter/leave in forward gear without obstructing oncoming traffic using vehicle swept paths; Drawing demonstrating required visibility splays of 2.4m x 90m in each direction without obstruction; second access taken out of use if not required
Patrick Parish Commissioners
Conditional No Objectionconcern is expressed about parking on the roadside of this de-restricted section of highway.; concerned at the size of the proposed barn which would be clearly visible from the Heritage track in particular.; car park is nowhere near large enough if it would accommodate only 5 vehicles as suggested from the drawing if it is to serve a café with 28 covers
Conditions requested: considerable screening required, particularly on north side if approved
Patrick Parish Commissioners
No Commentconsideration could be deferred until after the end of that week
Patrick Parish Commissioners
Conditional No Objectionpleased that their concerns about car parking have been addressed as far as seem possible and they are now content; serious screening on both highway and Heritage Trail sides of the building would be essential
Conditions requested: serious screening on both highway and Heritage Trail sides of the building essential
DEFA Senior Biodiversity Officer
Conditional No Objectionrecommend that the site be checked for this species and if it is still occurring in the vicinity then plans are made to ensure that this is not spread
Conditions requested: site be checked for Japanese Knotweed and if occurring plans made to ensure not spread within site or to other sites via development works