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Application No.: 19/00281/C Applicant: Kevin Faragher Proposal: Additional use of agricultural building as agricultural supplies merchant (retrospective) Site Address: Ballacoar Farm Ballagawne Road Baldrine Isle Of Man IM4 6EJ Planning Officer: Mr Nick Salt Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 29.05.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To prevent an escalation and expansion of the use from a secondary one to primary, and to ensure that the farm itself remain the primary use.
Reason: To reduce the risk of excess traffic demand on the local highways in the area, and impacts on highway safety, and to reduce the biosecurity risk of frequent visitors to the site.
Reason: To ensure that segregation of the commercial site from the wider farm does not occur.
This decision relates to the following plans and drawings, date stamped received on 13th March 2019:
It is recommended that the owners/occupiers of the following properties 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):
Sadler Agricultural Supplies, South Quay Industrial Estate, Douglas as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and 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. _____________________________________________________________________________
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED TO BE A DEPARTURE AND IS RECOMMENDED FOR APPROVAL
1.0 SITE - 1.1 The application site is the agricultural farm called Ballacoar Farm, a working farm with around 211 hectares or 521 acres. - 1.2 The farm contains a compact cluster of farm buildings at the centre of the farm just north of the Ballagawne Road. There is a small part of the middle of this cluster which contains a shed and an open area for the storage and distribution of agricultural supplies. - 1.3 As of mid-2018, an agricultural supplies business has been operating from the farm in additional the continued main agricultural use in the keeping of cattle and sheep.
2.0 PROPOSAL - 2.1 This application is a retrospective one for the regularisation of the use of an agricultural shed and an open area outside of it on the farm for agricultural supplies. The building was previously used for milling pig feed but the farm no longer keeps pigs and the shed has been empty. The building is used for the storage of agricultural fencing, including wire and posts and some field gates and water troughs. The applicant states that all goods are ordered in and delivered to customers and sites by the applicant - at no time are customers on the farm.
3.0 PLANNING HISTORY - 3.1 Planning approval has been granted for the erection of agricultural buildings on the farm on four occasions, most recently in 2017 (17/00539/B). This application was for the erection of a building right beside the site, and approved subject to a condition requiring the building to be used for only agricultural purposes. The application was assessed on the basis that there was an agricultural need in 2017 for a new building to house livestock.
4.1 In terms of land use designation the application site is located within a wider area of land that is designated as "Open Space/Agricultural Use" as identified in the Laxey and Lonan Area Plan Order 2005, Map No. 2. - 4.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. As the land is not zoned for development General Policy 3 would be applicable;
4.3 "Development will not be permitted outside of those areas which are zoned for development on the appropriate area plan with the exception of;
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 overriding 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 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:
4.6 Environment Policy 16 is of importance:
"The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
4.7 Spatial Policy 5 states;
New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
5.1 Garff Commissioners have no objections to the application (06.04.19). - 5.2 DEFA Chief Veterinary Officer has provided comments on 18.04.19 concerning the biosecurity risk of operating an agricultural supplies business from a livestock farm:
"The operation of an agricultural supplies business from a livestock farm inevitably creates some risks in relation to the potential transmission of animal disease. The level of risk is dependent on many factors including the precise nature of the business. Such risks may be mitigated by the use of appropriate biosecurity measures.
I note in the e-mail submission dated 8th January 2019 that Kevin Faragher states his current business. I am unsure if under any permission granted the business would be able to change the way it operates and take on new higher risk lines such as animal feedstuffs.
If planning permission is to be granted I would therefore ask that consideration is given to stipulating some general conditions to help ensure appropriate biosecurity. I would recommend the following conditions:
5.3 Sadler Agricultural Supplies Limited, South Quay Industrial Estate, Douglas have raised objections to the application (received 09.04.19):
6.1 The key considerations in the assessment of this application are:
As no external building changes are proposed or subject to this application, there would be no visual impact, and by extension no impact on the appearance of the countryside area.
6.2 Principle of the development
(c). As customers do not frequent the site, as stated by the applicant, it would not be considered that the proposal is incompatible with part (d), nor is it considered that the use is harmful to the vitality of the existing settlement centres as it is concerned with the supply of agricultural supplies (e).
6.3 The Impact on local highways and access
7.1 In summary, the proposal is considered a secondary an diversifying use not unusual or unacceptable in a rural area and in the middle of a much larger farm. It accords on balance with the aforementioned policies and is recommended for approval subject to conditions. - 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:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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: 10.06.2019
Signed : N SALT 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
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