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19/00281/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
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 Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.05.2019 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The agricultural supplies use hereby approved shall be limited only to within the area outlined in red on the site plan (scale 1:1250) date stamped as received on 13th March 2019.
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.
C 2. No customers shall be sold to or accommodated on site for the purposes of acquisition of agricultural supplies at any time.
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.
C 3. The additional use approved shall remain connected with the main farm in that it shall only be owned and operated alongside the wider farm.
Reason: To ensure that segregation of the commercial site from the wider farm does not occur.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 13th March 2019:
o Location Plan o Site Plan
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Interested Person Status - Additional Persons
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. __
Officer’s Report
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.
4.0 PLANNING POLICY 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;
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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;
(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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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 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."
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: a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation; b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) there would not be unacceptable implications in terms of traffic generation; e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and
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f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site."
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.
5.0 REPRESENTATIONS 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: o The agricultural supplies business is conducted on an area that is clearly physically separated from the livestock farm; o Any buildings used for the business should be dedicated to this purpose and not used for livestock purposes; o Any buildings used for the business should have a dedicated (not shared) vehicular access route separate from the livestock farm and likewise a dedicated parking area if customer parking is required."
5.3 Sadler Agricultural Supplies Limited, South Quay Industrial Estate, Douglas have raised objections to the application (received 09.04.19): o The Ballacoar Farm business is not subject to the same rates and business expenses as it is based at a family farm, giving rise to unfair competition; o The site is already causing pressure on the road system around Baldrine, particularly Ballagawne Road; o Bio-security is compromised with no separate entrance for farming operations and the proposed development; o The principle of such uses in rural areas, such uses should be based in industrial estates.
6.0 ASSESSMENT 6.1 The key considerations in the assessment of this application are: o the principle of the development; o the highway impact; o biosecurity.
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.
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6.2 Principle of the development 6.2.1 As with any rural area which is not zoned for development, there is a general policy presumption against development. General Policy 3 for example, as set out in paragraph 4.3 of this report, allows for development in the countryside in only the specific circumstances cited, the proposal will be assessed against the relevant exemptions in that policy.
6.2.2 GP3 (b) allows for development which would reuse existing redundant buildings of architectural, historic, or social value and interest. The building in question does not meet any of these criteria. However, GP3 (c) states that development may be acceptable where the continued use is redundant. The applicant has stated that, as pigs are no longer kept on the farm, there is no need for the building. In the time between the granting of approval of the new shed adjacent (17/00539/B) and the present time, the applicant has commenced a commercial diversification on the farm site. The supply of agricultural products such as fencing and piping material and bale wrap etc. is in direct relation to the operation of agriculture in the wider area. Such additional uses have been acceptable on the Island in recent years, where the use as a farm remains the primary use.
6.2.3 Environment Policy 16 deals specifically with the reuse of agricultural buildings for alternative purposes. Use for small scale industrial or commercial purposes such as that proposed may be acceptable provided the tests of that policy are met. With regard to EP16 (a), the applicant has stated that pigs are no longer kept on the farm and the building has been siting unused prior to the current storage use. The building is not of any historic or visual value as per (b), but would not require extension or alteration to accommodate the new use (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).
6.2.4 With the above in mind, the diversification of the farm to include the storage and distribution of agricultural supplies in addition to the principle use as a cattle and sheep farm is, on balance, acceptable in principle as it could be argued that there is an agricultural need for such supplies and that the use of this part of the farm for commercial purposes is secondary to the farm use.
6.3 The Impact on local highways and access 6.3.1 It has been confirmed by the applicant that no customers are present on the site, and that all sales are delivered by the applicant themselves, with the farm used purely for the storage of the materials to be sold. Ballagawne Road is a narrow one and not suitable for large amounts of traffic. If no customers are in attendance however, additional traffic over and above that already generated by Ballacoar Farm and neighbouring farms is unlikely.
6.3.2 The access is farm access from Ballagawne Road which serves both the use in question and the ongoing main use of the site as a farm.
6.4 Impacts on Biosecurity 6.4.1 The Chief Veterinary Officer on the Isle of Man has raised concerns that the shared access for both farm and livestock holding use and agricultural supplies use will cause problems in terms of biosecurity. The suggested conditions on any approval are contained in paragraph 5.2 of this report. It is not considered that, given the location of the agricultural supplies site within the wider farm, that a condition requiring the business to be conducted in an area clearly physically separate from the farm is neither viable or possible. The second suggested condition that buildings not be used for shared purposes could be added. The additional of a secondary access for the commercial use is also not the subject of this application and may result in harmful visual impacts.
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6.4.2 The comments from the CVO are given weight considering the expertise in the area of biosecurity. It is considered that the commercial aspects, should no customers be on site, would not result in an unacceptable increase in such a risk as the same personnel and vehicles will be entering and exiting the site. Furthermore, biosecurity is in the interests of the applicant insomuch as it is vital to the successful running of a farm. Specific animal welfare and agricultural legislation provided governance over such issues.
7.0 CONCLUSION 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: (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.
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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