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18/01218/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01218/B Applicant : Wendy Odette Potts Proposal : Erection of agricultural storage building Site Address : Field 214380 Sandygate Ramsey Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.01.2019 __
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 agricultural building hereby approved must be used only for agricultural purposes i.e. storage of feed, hay bales, straw, bale shavings, agricultural equipment, for no domestic storage and only by the occupants of the main dwelling house Upper Ballacrye.
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 for a period of greater than 1 year or required for the stabling of animals and associated feed and/or equipment.
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.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 001, 002 and P6238-01 all received on 20th November 2018.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 APPLICATION SITE 1.1 The site is a roughly square area of land measuring approximately 40m by 30m. It lies adjacent to a residential dwelling known as Upper Ballacrye which is accessed from a private lane approx.230m long that serves a number of properties.
2.0 PROPOSAL 2.1 Proposed is the erection of Erection of agricultural storage building to be used in conjunction with Upper Ballacrye dwelling house. The building would be located 60m to the southwest of the property and separated from the residential curtilage by mature planting on the boundary and timber fencing. The building would be sited to the west of an existing "L- shaped" stable block which was recently approved and constructed.
2.2 The size of the building and apron would measure 7.3 long x 7.4m wide with a pitch roof height of 4m. The built aspect would be square in shape and would be finished in green profile steel sheeting to elevations and black fibre cement roofing.
3.0 PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;
3.2 Erection of double stables and adjoining haybarn - 17/00853/B - Approved.
3.3 15/00545/B - Erection of a building to form three stables with feed and bedding store and creation of field access. Approved. This application was for a three bay stable with tack room and a newly created access to the field from the lane. The access to the field necessitated (it has already been carried out) the removal of part of a sod bank 4 metres wide. This building would be constructed out of metal sheeting with a brickwork base and a natural grey fibre cement roof. Although elevations and a roof plan have been provided, no floor plan was shown. Whilst it was deduced from the other plans what the floor plan will be like, In this instance it is acceptable that this be submitted as a condition of any approval prior to any works commencing.
3.3 15/00160/B - Erection of an agricultural storage building with field access and hard- standing. Refused. This application was for a building which was to be 15.3 metres by 6 metres with a ridge height of 3.8 metres. No agricultural justification was provided with the submission. The application was refused for the following reason:
'The Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside of areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provisions of General Policy 3, part (f) and Environmental Policy 1 & 15 of the Isle of Man Strategic Plan 2007.'
PLANNING STATUS
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4.1 In terms of land use designation the application site is located within a wider area of land that is designated as white land on the Town and Country Planning (Development Plan) Order 1982 and is not zoned for development.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
4.3 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 h) buildings or works required for interpretation of the countryside, its wildlife or heritage".
4.4 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."
4.5 Paragraph 7.15.1: "Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
4.6 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,
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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."
4.7 Environment Policy 21: Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used.
5.0 REPRESENTATIONS 5.1 No comments received at the time of writing this report.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the principle of the development; and (ii) the visual impact of the proposed development on the character and appearance of the countryside in terms of siting, design, size or finish
THE PRINCIPLE OF THE DEVELOPMENT 6.2 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1 and General Policy 3 of the Strategic Plan. There are exceptions to this presumption with respect to agricultural/equestrian buildings (this application proposed uses blur into both) which are set out in Environment Policies 15 and 21.
6.3 As previously identified EP 15 the Department needs to be satisfied that there is agricultural or horticultural need for a new building to sufficient to outweigh the general policy against development in the countryside. In this case the applicants have indicate that the new building (slightly larger than a double garage) is needed for the storage of hay bales, straw, bale shavings and horse feed bins for their horses. Further they have a tractor and its attachments. They indicate that currently they have to store these outside under tarpaulin sheeting. The Department is satisfied that there is a need for a building of this size on this site and therefore the principle is accepted in this case.
THE VISUAL IMPACT OF THE PROPOSED DEVELOPMENT ON THE CHARACTER AND APPEARANCE OF THE COUNTRYSIDE IN TERMS OF SITING, DESIGN, SIZE OR FINISH 6.4 The proposed building is smaller that was refused under application 15/00160/B, plus the stable building has since been approved/erected. The design, scale, form and finish set adjacent to the existing approved stable building will essential appear as a very modest agricultural building which is not considered to be out of keeping in this location. There is a larger agricultural barn to the south of this site, in the neighbouring field. The size and finish of the barn will help reduce the impact and whilst not being visible from the main highway and it is not considered to have a detrimental impact which would adversely affect the character or quality of the landscape to such an extent to warrant a refusal.
6.5 As such, it is considered that the proposal manages to satisfy the key tests of Environment Policy 15 & 21. A condition requiring the building's removal and the land returned to its current condition should the building cease to be used for the approved use would, in this case, be appropriate.
7.0 RECOMMENDATION
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7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 18.01.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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