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25/90209/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 25/90209/B Applicant : Isle Of Man Farmers Proposal : Erection of agricultural building, re-cladding of existing buildings Site Address : Ballalough Richmond Hill Douglas Isle Of Man IM4 1JH Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation Recommendation Recommended Decision: Permitted Date of Recommendation: 22.05.2025 __ 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 must be used only for agricultural purposes. 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. This application has been recommended for approval for the following reason. The design of the proposal is acceptable in respect of scale, position and materials. The proposal accords with Strategic Policy 1, General Policy 2, and is not contrary to Environment Policies 4, 8, 13, 22 and 23 of the Isle of Man Strategic Plan 2016. Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the 25th of February 2025. o Location plan o Proposed site plan o Proposed plan (floor and elevations)
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__ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: o Braddan Parish Commissioners - No objection o Highways Services - No objection __ Officer’s Report 1. THE SITE 1.1. The application site relates to an area within a group of agricultural buildings on a farmstead, Ballalough located on Richmond Hill, accessed from the A5 south-west of Douglas. 1.2. Surrounding the agricultural farmstead are agricultural fields and some woodland areas. The woodland area north-east of the site is protected under reference RA0870, Registered Tree Area BD37. The buildings are located in a valley due to the undulating land that rises to the north and east and rises to the south-west. 1.3. There are no residential buildings within 200m. 2. THE PROPOSAL 2.1. The application proposes to erect an agricultural building and re-clad existing buildings. In support of the proposal are plans, brochure of the building, photographs and supporting letter. The details can be summarised as follows. 2.2. Construct a new 'infill' agricultural building between two existing similar buildings retaining the same floor level; o Width 8001mm o Length 24400mm o Ridge height 6138mm o Walls: A brick wall of around 2m from the ground above which will be thick box profile plastisol coated metal sheets. o Roof: thick box profile plastisol coated metal sheets; o Surface water: High flow P.V.C. gutters and down pipes. o Re-clad the adjacent buildings in materials to match the new 'infill' building; plastisol coated metal sheets. o Colour of cladding: Juniper Green. 3. PLANNING POLICY 3.1. Site Specific 3.2. There are no Public Rights of Way through or alongside the site. There are no Registered Buildings or Conservation Areas. 3.3. The site is not in a flood zone but there is an area at risk from surface water within the site and the adjacent field. 3.4. On the Area Plan for East, Proposals Map 3, the land is within an area designated as 'industrial'. 3.5. Strategic Plan 3.5.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
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3.6. Paragraph 7.13.1: Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. 3.7. Strategic Policy 1: Development should make the best use of resources by (a) optimising previously developed land and (b) ensuring efficient use of sites (c) be located to utilise existing infrastructure and facilities. 3.8. Environment Policy 4: Development will not be permitted where it would adversely affect species and habitats. 3.9. Environment Policy 8: Agricultural buildings will not be permitted on sites where their existence and associated discharges would result in a breach of the "Code of Good Agricultural Practice for the Protection of Water." 3.10. Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 3.11. Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 3.12. Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 3.13. General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development accords with the criteria of the Policy. In this case the following criteria are considered relevant (a), (b), (c), (d), (f), (g), (l), (m), (n); (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (f) incorporates existing features; (g) does not affect adversely the amenity of local residents or the character of the locality; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 4. OTHER MATERIAL CONSIDERATIONS 4.1. Legislation: Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations. 5. PLANNING HISTORY 5.1. Previous planning history exists but is not considered materially relevant to assessing this application. 6. REPRESENTATIONS
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6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.2. Local authority 6.2.1. Braddan Parish Commissioners - No objection (17.03.2025) 6.3. Statutory Bodies 6.4. Highway Services - No interest (02.01.2025). 6.5. Highways Infrastructure, Drainage -No significant negative impact upon highway safety, network functionality and/or parking (03.03.2025). 6.6. Manx Utilities, Electricity - although consulted on the 27.02.2025, has not commented on this application at the time of drafting this report (22.05.2025), and so it is assumed that there are no objections to the application. 6.7. Forestry Amenity and Lands were consulted on the 27.02.2025, has not commented on this application at the time of drafting this report (22.05.2025), and so it is assumed that there are no objections to the application. 6.8. No other comments received at the time of writing this report (22.05.2025) 7. ASSESSMENT 7.1. Principle 7.1.1. The site is within an area designated as industrial and employment therefore the proposal is in keeping with the land use. The development is within the existing farmstead. In principle the proposal is acceptable. 7.2. The key considerations in assessing this application can be categorised as follows. o (7.3) - Design o (7.4) - Surface water 7.3. Design 7.3.1. The scale of the proposed building is subservient to the existing buildings and occupies a natural infill position. The proposal includes materials to match existing farmstead buildings and renovated those that require renovation in the same material. 7.3.2. The position of the proposal is such that in any views onto the site, the building will be seen amalgamated within the existing built form. 7.3.3. Overall the proposal is considered in keeping with the character of the setting and the wider landscape. 7.4. Surface water flooding impact 7.4.1. The existing site is a hard surfaced yard area with surface water run-off making its way into the yard area and general surface water drainage for the collective barns/buildings and yard area. As a result of the pitch roof, the proposal will result in a larger surface area and to manage this the proposal includes guttering and downpipes. 7.4.2. Overall the increased surface water is considered negligible and the farmstead capable of managing the surface water. 7.4.3. Consideration of this matter is relevant because approximately 70m east of the site is a protected woodland area and Designated Wildlife Site (3684/001) Middle River café section).
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7.4.4. Policy is clear that polluted surface water should be managed to ensure that development does not pollute natural water ways. 7.4.5. Between the site and the river there are other buildings to the east and an agricultural field to the south. Due to the separation distance and other features between the site and the river, and due to the scale of this proposal, it is unlikely that at as a result of this application harm would be brought upon the river. 8. CONCLUSION 8.1. The design of the proposal is acceptable in respect of scale, position and materials. The proposal accords with Strategic Policy 1, General Policy 2, and is not contrary to Environment Policies 4, 8, 13, 22 and 23. 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). 9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria. 9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. 9.5 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 the Right to Appeal. __ 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 and/or rights to appeal. Decision Made : Permitted
Date: 23.05.2025 Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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