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                                      18/01294/B                                     Page  1  of  8

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01294/B Applicant : Dalmatian Estates Ltd Proposal : Extension to existing farmyard area including ground works, retaining walls, yard extension, concreting and drainage works (part retrospective) Site Address : Field 120242 Land at Ballawhane Blue Point Road The Lhen Ramsey Isle of Man

Principal Planner: Mr Chris Balmer Photo Taken : 17.01.2019 Site Visit : 17.01.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 17.06.2019 __

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 hardsurfacing must be used only for agricultural purposes associated with Ballawhane Farm.

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

C 3. 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 all trees, hedgerows and other planting which are to be retained; and a planting specification to include details of all new planting in the areas identified on drawing 856.25B. All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation/operation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

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                                      18/01294/B                                     Page  2  of  8

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

C 4. The concrete yard area hereby approved and shown in a pink colour on drawing 856.25B shall not commence until a scheme to accommodate surface water and prevention thereof of running onto the highway, should be submitted for approval by the Department and the development implemented in accordance with the approved details with the drainage work completed prior to the use of the concrete yard area and the drainage provision retained thereafter.

Reason: To ensure adequate measures are in place to reduce the level of surface water run off onto the public highway.

N 1. For the avoidance of doubt no approval is hereby given for any of the works identified on drawing 856.21 ("Future intended layout plan").

Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 856.23 received on 06.12.2018, 856.24 received on 13.12.2018 and 856.25B received on the 22.5.2019.

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Interested Person Status - Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Ballakeil House Farm, Smeale, Andreas as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE 1.1 The site is the curtilage of Field 120242, which is located at Ballawhane, Blue Point Road, The Lhen and is adjacent to the Blue Point Cross Roads. The site and associated land forms part of Ballawhane Farm which has recently expanded its land, which included the purchasing this site & land (95 acres). The holding now comprises of 114 acres of owned, the majority of it being adjacent and north of the application site extending to the northern shore of the Island and comprises six separate fields. The remaining being a filed adjacent to Ballawhane Farm to the south of the site and 19 acres at St Judes. Within the red line of the application site is an existing agricultural portal framed barn and farm yard to the front and sides.

1.2 In terms of stock, the holding currently has 80-100 sheep (proposed to be increased to 100-120 plus breeding), 15 dogs, 12 Cats & 20 horses, the latter three being rescue animals which are kept at Ballawhane Farm.

2.0 PROPOSAL

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                                      18/01294/B                                     Page  3  of  8

2.1 The application seeks approval for the extension to existing farmyard area including ground works, retaining walls, yard extension, concreting and drainage works (part retrospective).

2.2 The main works relate to the extension of the existing farm yard hardstanding area, namely to the west and north of the existing building. The new area would be "L shaped" in footprint and would have a maximum depth of approximately 57m and a width of 49m. The majority of the area would be hardcore in finish. The existing farm year to the front/side of the barn would be upgraded to a concrete finish. Currently, it is part hard core/soil.

2.3 A concrete panel retaining wall is proposed along the north and western boundary of the far yard, as the increase of the yard has required earth to be dug out. Accordingly, the new yard is sits into the raised topography of the area.

2.4 The applicants have also provided a potential five year plan with the site, which involves the demolition of the existing barn and replacing it with a new barn. This new barn is indicatively shown on part of the area which is currently considered to be the extended hard cored farm yard area to the western part of the site. While this "five year plan" is only indicative and little weight can be attached to it, it is perhaps useful to see what the longer terms aims of the site are.

2.5 The proposal also included new landscaped areas around the four boundaries of the site, which includes the southern boundary where the existing farm access is located.

2.6 The applicants have also made the following comments in terms of the need of the new/upgraded farm yard and associated works:

"Ultimately the existing shed which has been patched for now will be replaced along with the provision of future storage of food stuffs, stabling and staff livestock care facilities etc. This will all be part of more detailed planning applications going forward but for now we have a yard that is for 4 months of the year unsuitable for vehicle access to the shed, field access positions etc. Hence the yard area provisions / improvements proposed. It may well be that as future plans develop the amount of hardstanding will be reduced and re-landscaped. Hence as agreed the remainder of the area will be hard cored for now.

This will facilitate the external vehicle and food haylage storage along with the middens. At present Ballawhane Farm has a small midden area which is transported up to the Blue Point Yard on a regular basis for eventual field spreading."

3.0 PLANNING POLICY 3.1 The application site is within an area recognised as being an area of 'white land' not zoned for any kind of development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.

3.2 Due to the zoning of the site, and the nature of the proposed development, several policies of the Strategic Plan are relevant to the consideration of this application.

3.3 General Policy 3 states (in part): "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;"

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                                      18/01294/B                                     Page  4  of  8

3.4 Environment Policy 1 reads in full: "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".

3.5 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".

3.6 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."

4.0 PLANNING HISTORY 4.1 There following planning applications are considered relevant in the assessment and determination of this application:- o 96/01818/B - Erection of agricultural building - APPROVED

o 09/01969/A - Approval in Principle for erection of an agricultural worker's dwelling - REFUSED; UPHELD AT APPEAL

o 12/01161/A - Approval in Principle for the erection of a detached agricultural dwelling - DECLINED TO BE CONSIDERED

o 13/91022/A - Approval in principle for the erection of a detached agricultural workers dwelling - REFUSED; UPHELD AT APPEAL

5.0 REPRESENTATIONS 5.1 Andreas Parish Commissioners do not object to the planning application (21.01.2019).

5.2 The Highways Division do not oppose the application (21.12.2018).

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                                      18/01294/B                                     Page  5  of  8

5.3 The owner/occupier of Ballakeil House Farm, Smeale does not object to the application, but wishes to make the following summarised comments (16.01.2019): concerns of surface runoff from the new concrete onto the road, won't affect my land but may affect Lodest Road; I support the restriction of the existing access to be used as access only; a vertical cross section is not provided to show how the new access onto Blue Point Road would deal with the slope of land; and I welcome the proposal to screen the site with new trees but I hope they will be local type oak/ash and not leylandii.

6.0 ASSESSMENT 6.1 The planning policy section of this report highlights that there is provision within planning policy for agricultural related development as an exception to the presumption against development in the countryside. As identified within the Isle of Man Strategic Plan 2016 agricultural activities are within rural areas and on the fringes of our towns and villages. Such activities can generally take place only on open, rural land which is general not designated for development under area plans.

6.2 The site is currently used for agricultural purposes and has been for a number of decades, i.e. since the application for the barn was approved in 1996. Essentially, this application is proposing to improve the agricultural operation on this site and upgrade what is currently in place.

6.3 As mention the applicant purchased the site recently and their intentions are to run the main farm operation from this site, which include sheep farming and growing hay for use by their horses. There are a number of buildings currently at Ballawhane Farm (recently had permission to replace the existing dwelling); however, these are used for the keeping on cats/dogs and horses. It is intended that the use of these buildings would remain for this purpose; while the application site and associated barn and fields would be used for agricultural uses, and be the main farm holding of Ballawhane Farm. The application site/barn would be used for storage of two tractors and associated agricultural equipment, hay/food storage, two midden's and used during lambing periods etc.

6.4 Overall, in terms of the justification for the proposed works it is considered acceptable and meets the requirements of EP15.

6.5 In terms of the visual impact the proposals would be considered against EP 1 & 2 where the main aims are to ensure the proposals would not adversely affect the countryside and would not harm the character and quality of the landscape. The site is quiet well screened from public views, given the roadside vegetation and topography of the land in the area. The main views of the site are achieved from the crossroads at the sites entrance, albeit from a limited area. The majority of the works are low level (i.e. new surfacing), with the taller aspects (retaining walls) being more to the rear of the site, which would be more screened by existing/proposed landscaping and the existing barn. While public views from the entrance of the site would be of a greater amount of hardsurfacing, it is not considered this would be out of keeping or out of character with a working farm yard. Arguably, with the greater amount landscaping proposed to all boundaries, the proposal would in fact reduce the impact of the main barn and in turn results in a less visual impact. Overall, it is considered there would be no significant adverse impacts to the countryside and would not harm the character and quality of the landscape.

6.6 Matters of surface water have been raised by the neighbour, which relates to surface run off from the proposed new concrete areas and concerns of water then running down onto the main road, which is rightly a concern. After discussions with the applicant's they have advised that they had considered this matter, but they were proposing drainage works (including drainage channel across the access of the site and a new soak away) for the next planning application relating to the replacement barn. However, given this application has not yet been submitted, the Department cannot rely on this. Accordingly, a condition should be

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                                      18/01294/B                                     Page  6  of  8

attached to any approval which requires a drainage scheme being submitted and approved, prior to the concrete hardstanding being commenced.

6.7 A condition should also be attached for more details on the landscaping proposed to ensure these are appropriate in terms of screening and fit into the countryside.

7.0 CONCLUSIONS 7.1 It is therefore recommended that the application be approved for the reasons set out within this report.

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 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: 24.06.2019

Signed : C Balmer Presenting Officer

Further to the decision of the Committee an additional report and amended condition reason was required.

YES/NO See below

PLANNING COMMITTEE DECISION 24.06.2019

Application No. :

18/01294/B Applicant : Dalmatian Estates Ltd Proposal : Extension to existing farmyard area including ground works, retaining walls, yard extension, concreting and drainage works (part retrospective) Site Address : Field 120242

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                                      18/01294/B                                     Page  7  of  8

Land at Ballawhane Blue Point Road The Lhen Ramsey Isle of Man

Principal Planner : Mr Chris Balmer Presenting Officer As above

Addendum to the Officer’s Report

At the meeting held on the 24th June 2019, the Committee determined that the wording of the recommended condition 4 be amended for clarities sake.

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 hardsurfacing must be used only for agricultural purposes associated with Ballawhane Farm.

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

C 3. 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 all trees, hedgerows and other planting which are to be retained; and a planting specification to include details of all new planting in the areas identified on drawing 856.25B. All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation/operation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

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

C 4. Prior to the commence of the concrete yard area hereby approved (shown in pink on drawing 856.25B) a scheme to accommodate surface water and prevention thereof of running onto the public highway, should be submitted for approval by the Department. These approved drainage details are required to be completed prior to the use of the concrete yard area and the drainage provision retained thereafter.

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                                      18/01294/B                                     Page  8  of  8

Reason: To ensure adequate measures are in place to reduce the level of surface water run off onto the public highway.

N 1. For the avoidance of doubt no approval is hereby given for any of the works identified on drawing 856.21 ("Future intended layout plan").

Plans/Drawings/Information

This approval relates to the submitted documents and drawings reference numbers 856.23 received on 06.12.2018, 856.24 received on 13.12.2018 and 856.25B received on the 22.5.2019.

Customer note

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