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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00436/B Applicant : Dave And Anne Marie Corrin Proposal : Erection of agricultural shed for storage of compost and associated works Site Address : Composting Site Poortown Road St Johns Isle Of Man IM4 3NQ
: Graham Northern Photo Taken : 30.04.2024 Site Visit : 30.04.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.06.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The building hereby approved shall be used solely for composting processes and all ancillary processes associated with its production of compost.
Reason - In the interest of Highway Safety
C 3. The use hereby approved shall only be for the benefit of Ballaneven Compost and Horticulture 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 4. 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.
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This application has been recommended for approval for the following reason. The proposal for a second building in this location which would be partially visible within the landscape and would be considered development in the countryside, one of the exceptions which permits such development is part (f) of General Policy 3 where a building and engineering operations which are essential for the conduct of agriculture or forestry. It is considered that there is a need for the building and that it meets the exception.
Plans/Drawings/Information;
This approval relates to Site Plan, Location Plan, Floor Plan, North and West Elevations, South and East Elevations drawing sheet numbers 1 and 2, Covering letter from Ballaneven Compost and Horticulture Ltd all date received 09/04/2024.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the Ballaneven Compost & Horticulture site located off a private road which runs to the north off Poortown Road. To the south of the site lies the Tynwald Mills. The site is elevated and private road counters to facilitate the hillside.
1.2 The site consists of the Compost business facilitated out of a large agricultural building and to the east some smaller buildings which form part of the horticultural business.
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.
2.0 PROPOSAL 2.1 The proposal seeks approval for the erection of a new agricultural storage building to facilitate greater storage of compost with the facility at capacity in terms of storage presently.
2.2 The applicant has stated the following in terms of need for the building, "As a result of green waste composting, after the final process of screening we are left with large amounts of natural wood such as small branches and sticks which are currently a waste product. With further investment in an additional building and machinery we intend to dry and refine our waste wood and make a finished product out of our waste. If the application is successful we will be able to process 99.9% of the green waste in house This would be a large step forward for our sustainability which is something we constantly striving to improve since we received the UNESCO Biosphere Isle of Man, Sustainable Mann accreditation."
2.3 The building is 24 metres long and 16 metres wide with a height to eaves of 5 metres and 7 metres to the ridge. The walls will be half concrete block and the top half green cladding. The west elevation includes two 4 metre by 4 metre access opening bays into the building.
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3.0 PLANNING STATUS 3.1 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:
3.2 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."
3.3 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."
3.4 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."
3.5 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.
3.6 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly."
3.7 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
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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.
3.8 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."
3.9 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]"
3.10 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."
4.0 PLANNING HISTORY 4.1 The previous planning application are considered relevant in the assessment and determination of this application:
4.2 Certificate of Lawful Use for the processing of Construction and Demolition Waste- 20/00416/LAW - APPROVED
4.3 Planning Approval was granted under application ref 16/00976/B for the Erection of a building to provide a composting site with office accommodation. 4.4 Planning Approval was granted under 04/01725/B for composting green waste.
5.0 REPRESENTATIONS 5.1 Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the existing access is acceptable for the proposals.
5.2 Others - No comments were received from others consulted as of 31.05.24
5.3 No representations from any neighbours
6.0 ASSESSMENT 6.1 The main considerations are; the principle of the development for the building and the potential visual impact upon the amenities of the countryside.
Principle of the development for a new building 6.2 In relation to the principle the starting point is that the site lies in the countryside where development is restricted, in order to protect the countryside for its own sake. There is a general presumption against new development in the countryside as set out in Environment Policy 1 and General Policy 3 of the Strategic Plan, however there are exceptions to this with respect of agricultural/ horticultural buildings as covered in GP3(f), and EP15 further requires there to be a satisfactory agricultural or horticultural need for new buildings so as to sufficiently outweigh the general policies against development and that buildings are positioned as to best reduce spread of development.
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Essential need 6.3 Originally prior to 2016, the site was operated primarily outdoors with just a porta cabin on site. However the business was 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 ended up saturated and not fit for its designated purpose. The permission in 2016 reference 16/00976/B for a purpose built building, facilitated a move to allow the business to store material and do some functions inside.
6.4 The provision of the building allowed 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. The internal area ensured that there will be a reduction in wasted materials through exposure to wet weather and improve the efficiency of the business by reducing the time wasted on producing replacement products.
6.5 The business was taken over 2 years ago and has gone from strength to strength with increasing demand for compost. The proposals subject of this application seek to create a new building that will expand the amount of dry storage area, as the existing building is at capacity. In addition the applicant has highlighted they intend to take operations to maximum efficiency stating;
"As a result of green waste composting, after the final process of screening we are left with large amounts of natural wood such as small branches and sticks which are currently a waste product. With further investment in an additional building and machinery we intend to dry and refine our waste wood and make a finished product out of our waste. If the application is successful we will be able to process 99.9% of the green waste in house"
6.6 In this case there is an existing and long established business operating from the site and the proposal for an extension to the existing buildings to offer additional efficiency and greater sustainability in terms composting 99.9% of material that reaches the site.
6.4 The business is a key producer of compost on the island and as such supports a number of other horticultural businesses and as such the proposed expansion will align with GP3(f) and EP15 and will help support the continued growth of the business in line with Food Matters Business Development Strategy 2015-2025 and therefore the principle is considered to be acceptable
Potential visual impact upon the amenities of the countryside 6.5 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. The building is also positioned north of the existing building and as such is partially screened by the existence of the existing structure.
6.6 However views of the site are possible from further afield 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.
6.6 The proposed building will be at a higher land level relative to the existing building and as such the roof will be higher and visible but not to a significant degree. The proposed new building is of similar design and appearance to the existing building on site and it will be read in connection with it and aligning with the principles sought by EP15. Whilst its very position will result in a small spread of development northwards, the development remains within the
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extent of the existing business operating area and with the backdrop of landscaping behind it so as to not breach any skyline.
6.7 The level of development compared with the size and scale of the existing building, surrounding business and its expansion is considered to be reasonable and not to result in any overbearing, dominant or unacceptable visual impacts to the wider countryside or AHLV landscape and so will remain protected from harm.
7.0 Conclusion
7.1 Ultimately the 2016 permission which facilitated the first building in the Countryside would have been considered more contentious in nature given that no permanent buildings existed on the site at the time. These proposals for a second building in this location which are going to be partially visible within the landscape and would be considered development in the countryside, one of the exceptions which permits such development is part (f) of General Policy 3 where a building and engineering operations which are essential for the conduct of agriculture or forestry. Policy EP 15 also states that such buildings should be located close to other buildings to prevent isolation and the proposal is located in close proximity to the other building, and thereby adheres to the policy of avoiding new isolated buildings.
7.2 It is considered that the supporting evidence clarifies the essential need for an additional 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.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above 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. __
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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 21.06.2024
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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