160558

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00976/B Applicant : Ballaneven Compost Ltd Proposal : Erection of a building to provide a composting site with office accommodation Site Address : Ballaneven Compost Ltd Poortown Road St Johns Isle of Man

Case Officer : Miss Lucy Kinrade Photo Taken : 30.03.2017 Site Visit : 27.10.2016 Expected Decision Level : Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE DUE TO THE NATURE OF THE HISTORY OF THE SITE

1.0 THE SITE

1.1 The application site edged red on the submitted location plans forms part of the Balleneven Compost Ltd site which was approved at appeal in 2005 under PA 04/01725/B, the entire site is situated within part of a larger land holding know as Ballaneven Farm edged blue which is owned by the applicant although run separately to the composting business.

1.2 The site and Ballaneven Compost Ltd is situated along the northern side of the A20 Poortown Road which links Ballig with Peel. The site is accessed via a well-established entrance off the A20. The site sits at the top of the hill where the fields begin to level although still gradually sloping northwards.

1.3 The site is not readily visible from the Poortown Road although it is partially visible from sections of the A3 although views across the landscape are intermittent between the trees and roadside vegetation.

1.4 Approved application PA 04/01725/B included the development of landscaping banks which are in existence on site and line the access leading to the composting site and the boundaries of the working area.

1.5 On site is an existing portacabin structure which is used for the storage of smaller implements and tools relating to the composting business and is utilised as a small office and facilities area to help with the day to day running of the business. The portacabin structure is of poor form and quality and offers substandard provisions for its users.

1.6 Ballaneven Compost Ltd is a family run business which offers a facility for the recycling of green waste and the production of compost.

1.7 Over recent years the business has been exposed to harsh winters and extended periods of bad and wet weather which has had an onset detrimental impact on the production of quality compost which ends up saturated and not fit for its designated purpose. Within the last several months there has also been a consecutive number of large composting related machines, which are current housed outdoors becoming non-operational due to weathering impacts.

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2.0 THE PROPOSAL

2.1 The current application seeks approval for the erection of a building for the storage of compost and associated composting machinery and implements, an internal area for the maintenance of composting machinery, and also to provide an area of office space with kitchen, showering and toilet facilities.

2.2 The proposed building is 31.8m long x 13.7m wide and is to be constructed using a steel portal frame with green coloured profile sheet cladding which will sit on a concrete base. The building will be 4.3m to eaves level and 6.4m to the ridge. The roof will be finished in matching green profile sheeting with 7 translucent roof sheets to each roof slope to provide daylighting within.

2.3 The building is to be fully enclosed with only large doors proposed on each gable end which allows access in and out for large composting machinery and two single pedestrian doors one at ground floor on the south elevation and one on the east gable at first floor accessed by an external staircase to the mezzanine level.

2.4 Internally the ground floor provides an area for the storage of finished compost product and large composting machinery and an area for smaller composting implements. At mezzanine level the application proposes a 9m x 6m area which is to be used as an office with kitchen, toilet and showering facilities for those on site.

2.5 Externally the application proposes a small concrete apron on the eastern side of the proposed building and connected to the main access track allowing an area to load and unload green waste and finished product for delivery.

3.0 PLANNING HISTORY

3.1 The application site has been subject to only a small number of applications although there have also been a number of applications in the surrounding area which can be considered relevant in the assessment of the current application. Each of the applications are listed in date order below:

3.2 PA 07/00788/B - for the erection of an agricultural building within field 314583 which forms part of Ballaneven Farm was refused at Appeal due to the visual impact on the landscape.

3.3 PA 05/02006/B - for the Repair and widening of existing / former tracks, and creation of new tracks, and repair to hedges was given a Split decision at appeal in 2006. The appeal approved the retention of tracks carried out before 7th August 2006 to the South of point B on the plan whilst refusing the retention of engineering works beyond point B on the plan and the construction of new tracks.

3.4 PA 04/01725/B - for the construction of an organic composting facility (Ballaneven Compost Ltd) was refused at Planning Committee, whilst the Planning Committee acknowledged the importance of composting green waste on the Island, the proposed facility, by virtue of its scale, required visibility splay and upgraded access, and the erection of a portacabin, would have an adverse impact on the character and appearance of the area. The development would be visible from the Poortown Road as well as from more distant points in the landscape given its elevated and exposed location. The Planning Committee judged that the creation of a composting facility on this site would thus be inappropriate and would seriously harm the area, which is recognised as having High Landscape Value and Scenic Significance. The application was taken to appeal and later granted full approval. The Inspector commented on the application stating the considerable asset that the recycling of green waste would bring to the Island. Whilst not visible from the Poortown Road the inspector agreed views could be achieved from further afield although at such distances it would be difficult to distinguish the composting works from an agricultural use of the land.

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3.5 PA 00/01611/B - for the construction of two agricultural building on land at Ballaneven Farm was refused at appeal. The inspected concluded that there was a lack of need for both units and their prominent location at the top of the land would have a significant visual impact on the landscape.

4.0 PLANNING POLICY

4.1 The application site is located within an area not designated for development under the Isle of Man 1982 Development Plan and also within a zoned Area of High Landscape or Coastal Value and Scenic Significance. Given the nature of the current planning application and its proposal the following policies of the Isle of Man Strategic Plan 2016 are considered relevant:

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

4.3 Environment Policy 1: "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."

4.4 Environment Policy 2: "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."

4.5 Environment Policy 15: "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."

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4.6 Environment Policy 17: "The development of buildings and other facilities associated with nurseries and market gardens will only be permitted where: a) any built development is of a scale, form, design and material in keeping with the character of its surroundings; b) any development does not unacceptably affect residential amenity or local highway conditions; c) there is no adverse impact on the character or appearance of the area or a requirement for significant highway alterations; and 49 d) if appropriate, those buildings are erected away from public highways and are screened from public gaze.

4.7 Business Policy 1: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

4.8 Paragraph 12.1.6 states: "The Department is responsible for waste management on the Island, and has adopted the following policy: "To develop and promote an integrated Waste Management Strategy embracing

o reduction; o recovery; and re-use o recycling; o incineration with energy recovery; and o landfill, and which recognises the "user pays principle"(1) . [Department of Local Government and the Environment Business Plan 2004/07]"

4.9 Paragraph 12.1.7 states: "The Government Plan 2006/09 has, within the Quality Environment Aim, the objective "To dispose of the Island's wastes in a safe, effective and efficient manner."

5.0 REPRESENTATIONS

5.1 German Parish Commissioners have not provided any comments on the application.

5.2 The Department of Infrastructure Highways Services have assessed the application and have indicated that whilst the application proposes a building which assists with the storage of compost and facilitates the day to day running of the business that there is little evidence to support intentions of retail sale of goods to members of the public. Concern has been raised with the use of the private access for retail purpose as it is not suitable for additional traffic to use on a regular basis in this manner. As such the following condition has been recommended to protect the safety of the local highways:

"1. The development hereby permitted shall be for the sole use of managing the composting process and all reasonable processes associated with its production of compost. The permission does not include the retail sale of compost / lawn dressing unless otherwise approved in writing by the Planning Authority.

Reason - In the interest of Highway Safety"

6.0 ASSESSMENT

6.1 The current application proposes the erection of a 31.8m x 13.7m green portal steel framed building for the production and storage of compost and associated machinery, and an office/kitchen area with toilet and showering welfare facilities at mezzanine level. In addition to this the building will also provide an internal environment for the fixing and maintenance of the composting machinery. The proposed location is north of the Poortown Road and within the south-east corner of field 315142 where Ballaneven Compost Ltd has established its recycling green waste business. The

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fundamental issues to consider throughout the assessment and determination of the application are the impacts of the development on the character of the countryside, whether its design, form, siting and scale are appropriate and sympathetic to the landscape and whether or not the need for the building is sufficient enough to outweigh policies against development in the countryside.

Essential Need

6.2 Ballaneven Compost Ltd has been processing and recycling green waste from local businesses and amenity sites for just over 10 years and have played a key role in the production of compost which is distributed Island wide, some of the finer product being purchased and utilised on local golf courses and town centre flower beds.

6.3 The business is run outdoors in the external environments, with only an onsite portacabin for facilities and office space. The site has been exposed to extreme and wet weather conditions which have often resulted in the ruin of their finer quality composting products which are in high demand and time consuming to produce. Once completed these products must be kept out dry or can be at risk of becoming saturated by wet weather and no longer fit for purpose. In some cases several tonnes of compost have been lost due to wet weather and have required new product to be milled and processed in order to replace its loss. This severely impeding the efficiency and sustainable productivity of the business.

6.4 In addition to this there have been a number of mechanical issues to some of the larger composting machines due to the adverse weather conditions and their housing in the external environments is not suited to the wet weather such as those associated to the sorting and bagging process.

6.5 It may be deliberated that the business has proven to be functional without the need for a building for this long, for what reason is it required now? It could be argued that due to an increased interest in the reduction of waste materials that re-use and recycling of products has been widely promoted and reduces waste taken to landfill. This has seen an increase in local districts and individuals correctly disposing of green and garden waste to local amenity sites and local gardening businesses who also seek to recycle their waste.

6.6 As the running of the businesses is transitioning to the next younger generation of the family it has recently been sought to look towards ways in which the business can continue to cope with the increasing demand in recycling green waste materials whilst sustaining an efficient and functional composting process.

6.7 It is expected that the provision of the proposed building will now allow for the internal bagging and processing of the recycled compost and also provide a satisfactory area for the storage of such a finished product prior to its distribution. This internal area will ensure that there will be a reduction in wasted materials through exposure to wet weather and improve the efficiency of the business by reducing time wasted on producing replacement products.

6.8 Suitable areas for such operations are essential to the process of this green waste and without such facilities this would be transported to local land fill or incineration sites. The location of composting process is not ideal in town centre locations or near to residential areas. A location within an industrial area would be feasible, however given the nature of the green waste material process that this rural location remains as acceptable as it did in the inspectors report of PA 04/01725/B and the benefits of the composting continue to outweigh the negatives of its existence in the landscape.

Visual Appearance and Impact

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6.9 Given the evidence which supports the essential need of such a development we can progress to look at the finer details of the proposed building and what onset impacts this may have on the appearance of the area of high landscape value.

6.10 The proposed building is sited partway up the slope of the hill which bounds the Poortown Road on the northern side, due to the topography of the land and the bank which sits on the south side of the proposed building views from the Poortown Road will not be possible and the erection of the building would likely go unnoticed to any passing members of the public.

6.11 However views of the site are possible from further a field and from the adjacent side of the landscape, although the banked earth to the south of the proposed building would again minimise these views to only the roof slope and from such distances and from along the A3 these view would likely be intermittent through the roadside trees.

6.12 Additional planting and also been proposed for the bank, whilst tree's here may appear a little artificial within the landscape it has been discussed that a more suitable native species such as gorse could be planted to help screen the roof slope of the proposed building and to merge it with the surrounding countryside.

6.13 If we assess what is proposed now against what was refused under PA 00/01611/B for the two agricultural buildings it can be considered that the lower siting and smaller scale of the proposal now is of a much greater acceptability, in comparison to the PA 00/01611/B proposal which was located at the top of the hill in an area which was considered to be so significant and secluded that its prominence in the landscape would have a detrimental impact on the countryside.

6.14 The proposed steel framed building here is approximately 32m x 14m and is to be finished in a green colour. A building of this size and style is not uncommon in the Manx countryside when looking at agricultural premises and working farms. Given the size, siting and design of the building it has been considered acceptable and suitable for its purpose, and its appearance sits comfortable within the landscape. It could be added that if a building twice the size and double the height had been proposed in the same location that its visual appearance may not be considered to sit as comfortable within the landscape and could raise visual concerns.

6.15 During a site visit on the 30th March it was noted that the composting site was using several large items of machinery to process the compost in addition to some smaller hand held implements, it is considered that the development of the proposed building will allow for internal storage of this machinery and in turn work towards improving the visual appearance of the site and reducing the spill of items.

6.16 The site at present has regular traffic movements for the dropping off of green waste from amenity sites and by local gardening businesses. The proposed building is not expected to increase these traffic numbers but merely allow for an efficient process of composting them. There are no retail sales proposed or expected on the site which would result in an increase of individual members of the public visiting the site. A suitable condition to this effect has been added in order to protect highway safety from increased traffic movement to and from the site in this retail manner.

Conclusion

6.17 Ultimately the proposal of a building in this location is going to be partially visible within the landscape and would be considered development in the countryside, both of which are not supported by the policies as set out in the Strategic Plan. However, it has been considered that the supporting evidence clarifies the essential need for such a building in this location in accordance to the policies set out in the Isle of Man Strategic Plan, which not only allows for the continuation of a vital green waste recycling facility for the Isle of Man, but also environmentally contributes to the objectives and policies of the Government Waste Management Strategy, whilst producing a beneficial horticultural product which is used Island wide.

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7.0 RECOMMENDATION

7.1 Given the reasons above the application is considered to meet the needs of the policies as set out in the Isle of Man Strategic Plan 2016 and is therefore recommended for approval.

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 (d) Highway Services Division of Department of Infrastructure, 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:

Permitted Date of Recommendation: 13.04.2017

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 hereby approved shall be used solely for managing the composting process and all ancillary processes associated with its production of compost.

Reason - In the interest of Highway Safety

C 3.For the avoidance of doubt, no retail uses shall be undertaken from the site.

Reason: In the interest of highway safety.

C 4.No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all planting which is to be retained and details of all planting which is to be proposed. Specification to include numbers, species and positions of all new trees and shrubs and a programme of implementation.

Reason: To ensure the provision of an appropriate landscape setting to the development.

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C 5. In the event that the use of the site for recycling of green waste and composting of material ceases, the building, the concrete pad and hard standing areas of the site hereby approved within Field 315142 shall be removed from the site to a licensed facility within 12 months of the date of the cessation of works and the land returned to its original use and appearance.

Reason: To protect the countryside and the appearance of the landscape.

C 6. The existing portacabin must be removed from site on completion of the works or upon the coming into use of the approved building whichever is the sooner.

Reason: In the interest of visual appearance of the site.

C 7. The use hereby approved shall only be for the benefit of Ballaneven Compost Ltd for the purpose of composting green waste and in accordance with the details set out in the application.

Reason: The countryside is protected from development and an exception is being made on the basis of waste management need. As such the building must be used for the purposes for which it is approved.

C 8. All external facing materials to be used on the approved building must be dark green in colour or otherwise approved in writing by the Department, and retained as such thereafter.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 9. All external facing roofing materials (excluding the translucent rooflights) to be used on the approved building must be dark green or dark grey in colour or otherwise approved in writing by the Department, and retained as such thereafter.

Reason: In the interests of the character and appearance of the site and surrounding area.

This approval relates to Site Plan 1:500, Location Plan 1:1250, Location Plan 1:2500, drawing sheet numbers 1 and 2, Design Statement from Ballaneven Ltd and associated photographs all date stamped and received 17/08/2016.

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: 24.04.2017

Signed : L Kinrade 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 24.04.2017

Application No. :

16/00976/B Applicant : Ballaneven Compost Ltd Proposal : Erection of a building to provide a composting site with office accommodation Site Address : Ballaneven Compost Ltd Poortown Road St Johns Isle of Man

Presenting Officer : Miss Lucy Kinrade

Addendum to the Officer’s Report

During the Committee Meeting the Members noted the beneficial green waste recycling service that the Ballaneven Compost Facility offers. The Committee noted during the presentation a number of miscellaneous items on the site which did not relate to the composting process although recognised that it had been tidied in recent months. The Committee discussed and agreed that a condition be added requiring the permanent removal of all items not relating to the recycling process from the site. The Committee raised concerns regarding the potential spill of light from within the building through the translucent roof lights, it was discussed whether it would be appropriate to require that the use of lighting within the site should be controlled and agreed that it should be linked to the operating hours. Whilst there are no planning restrictions to the operating hours there are restrictions in place in accordance to the Waste Disposal License for Ballaneven Compost, whilst these restrictions prevent the operation of machinery after a certain time, they do not restrict non machinery operations such as administration. As such the condition for lighting was assessed based on reasonable working hours of the site without restricting the use of lighting to the operating hours of machinery set by the Waste Disposal License.

Conditions of Approval

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 hereby approved shall be used solely for managing the composting process and all ancillary processes associated with its production of compost.

Reason - In the interest of Highway Safety

C 3.For the avoidance of doubt, no retail uses shall be undertaken from the site.

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Reason: In the interest of highway safety.

C 4. No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all planting which is to be retained and details of all planting which is to be proposed. Specification to include numbers, species and positions of all new trees and shrubs and a programme of implementation.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 5. In the event that the use of the site for recycling of green waste and composting of material ceases, the building, the concrete pad and hard standing areas of the site hereby approved within Field 315142 shall be removed from the site to a licensed facility within 12 months of the date of the cessation of works and the land returned to its original use and appearance.

Reason: To protect the countryside and the appearance of the landscape.

C 6. The existing portacabin must be removed from site on completion of the works or upon the coming into use of the approved building whichever is the sooner.

Reason: In the interest of visual appearance of the site.

C 7. The use hereby approved shall only be for the benefit of Ballaneven Compost Ltd for the purpose of composting green waste and in accordance with the details set out in the application.

Reason: The countryside is protected from development and an exception is being made on the basis of waste management need. As such the building must be used for the purposes for which it is approved.

C 8. All external facing materials to be used on the approved building must be dark green in colour or otherwise approved in writing by the Department, and retained as such thereafter.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 9. All external facing roofing materials (excluding the translucent rooflights) to be used on the approved building must be dark green or dark grey in colour or otherwise approved in writing by the Department, and retained as such thereafter.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 10. External lighting of the development hereby approved may only be illuminated between 0700hrs and 1800hrs in any day.

Reason: In the interest of visual amenity.

C 11. Internal lighting of the development hereby approved may only be illuminated between 0700hrs and 2000hrs in any one day.

Reason: In the interest of visual amenity.

C 12. Within 28 days of the completion of the building hereby approved the site shall be cleared of all plant, machinery or other extraneous material not used in the day to day lawful use of the site.

Reason: In the interests of environmental and visual amenity.

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This approval relates to Site Plan 1:500, Location Plan 1:1250, Location Plan 1:2500, drawing sheet numbers 1 and 2, Design Statement from Ballaneven Ltd and associated photographs all date stamped and received 17/08/2016.