216869

==== PAGE 1 ====

                                                 25/90080/B
                                 Page  1  of  10

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90080/B Applicant : Mr And Mrs Claire And Philip Pullen Proposal : Erection of agricultural storage shed Site Address : Croit Aust Andreas Road Aust Ramsey Isle Of Man IM7 4EF

Planning Officer: Hamish Laird Photo Taken : 21.10.2024 Site Visit : 21.10.2024 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 19.05.2025 __

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/forestry purposes.

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

C 3. The agricultural/forestry building and hard surfacing hereby approved shall be removed and the ground restored to its former condition within 6 months in the event that they are no longer used or required for agricultural/forestry purposes.

Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

C 4. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include planting to the roadside boundary and should also include details of which species will be planted, number/density, what size the trees will be at date of planting, the approximate date when they are to be planted, and how they will be maintained until successfully established. All planting, seeding or turfing

==== PAGE 2 ====

                                                 25/90080/B
                                 Page  2  of  10

comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

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

C 5. No approval is given for the extension of the residential curtilage of Croit Aust, Andrea Road as approved under PA 17/00070/B (red line boundary of PA01 date stamped as having been received 23.01.17).

Reason: for the avoidance of doubt and to ensure the development takes place in accordance with the approved details in order to protect the countryside from in appropriate development and to implement Strategic Plan policies GP3 and EP1.

C 6. Prior to the first occupation of the development, hereby permitted, details of any permanent outdoor lighting to be installed, which shall incorporate a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023), shall be submitted to submitted to and approved in writing by DEFA Planning. The development shall be carried out in accordance with the approved details, which shall then be retained and maintained for the lifetime of the development.

Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016, and to safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.

C 7. Prior to the first occupation of the development, hereby permitted, details for the provision of a minimum number of 3 bird boxes for nesting birds to be installed within the wooded area between the dwelling and the site of the agricultural building, shall be submitted to submitted to and approved in writing by DEFA Planning. The development shall be carried out in accordance with the approved details. The bird boxes shall then be retained and maintained for the lifetime of the development.

Reason: For the conservation and protection of birds on and around the site, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.

This application has been recommended for approval for the following reason. The application is considered to be acceptable in terms of the proposed agricultural use, its siting, scale, form and extent of development proposed in that it would have an acceptable impact on the character of the site and surroundings in this countryside location. It complies with the provisions of policies GP3 f), SP5, ENV1, ENV2, and ENV15 of the Strategic Plan and is, therefore, recommended for an approval.

Plans/Drawings/Information;

The development shall be carried out in accordance with the submitted drawings and details in the planning application dated 22 January, 2025, unless otherwise stated. Such details are:

Drawing No. 23 1737 01 Site Location Plan and Proposed Site Plan; Drawing No. 23 1737 03 Proposal Drawing - Floorplan, Elevations and Roof Plan; Drawing No. 23 1737 04 Proposed Sections and Site Plan;

==== PAGE 3 ====

                                                 25/90080/B
                                 Page  3  of  10

Drawing No. 23 1737 05 Proposed Site Layout Plan

__

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

Department of Infrastructure Highways Services - No objection.

Lezayre Parish Commissioners - Objection does not relate to that body's ability to carry out its functions, matters for which that body has responsibility or (in the case of a local authority) impact on the quality of life of their residents (A10(3)(b)).

__

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAVE OBJECTED TO THE APPLICATION BUT IT IS RECOMMENDED FOR AN APPROVAL.

1.0 THE SITE 1.1 The application site is Field 134041 which is a parcel of agricultural land located on the southern of the Andreas Road (A9). To the east of the site is a wooded area and beyond the residential dwelling Croit Aust, all of which is owned by the applicants. The applicants have previously gained planning approval for a replacement dwelling (17/00070/B) of Croit Aust.

1.2 The application site is a flat 'L-shaped' area of land. The proposed agricultural barn would be located to the northern section of the site, and would be sited parallel with the Andreas Road. The roadside boundary (north) of the site comprises of a 1 metre high grass bank with mature landscaping made up of a variety of trees and hedgerows/bushes. To the east of the site (aspect of site where barn would be sited) is a wooded area made up of a significant number of mature trees and the western boundary shared with the neighbouring property Aust Vane comprises of an approximate 2.5m high mature hedgerow.

1.3 The site is accessed via an existing field gate entrance off a private road to the western corner of the site. This private road then exits onto the Andreas Road. The private road serves a number of residential properties (incl. Aust Vane and Aust Farm). Pedestrian access to the site is also available from the main dwelling house Croit Aust via various unmade tracks from the dwelling though the wooded area to the field.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of an agricultural storage shed measuring approx. 4.0m high to the front elevation and 3.0m high to the rear elevation x 15.4m long x 5.56m wide. It would be constructed using a steel framed, mono-pitch roofed structure divided into three sections comprising a machinery store served by a roller shutter entrance door and internal door into the workshop; a wood workshop/craft preparation area served by glazed bi-fold doors; and, an animal feed/general store with pedestrian entrance door and internal door into the workshop. The walls would be clad externally with grey profiled insulated metal wall panels, and the roof with grey profiled insulated metal. 6 No. GRP roof lights contained at regular intervals would be inserted into the roof slope. The proposed siting of the agricultural storage shed would be to the northeast corner of the site, approximately 5 metres from the northern boundary of the site. The building would run parallel with the Andreas Road.

==== PAGE 4 ====

                                                 25/90080/B
                                 Page  4  of  10

2.2 There is no track proposed to be installed from the barn/hardstanding to the field entrance to the west.

2.3 In a covering letter accompanying the application, the applicants agent advise that the "unit would allow them to store livestock feed, retain and service machinery and tools associated with the land upkeep, alongside maintaining their hobbies associated with the dwelling and the land.

They currently keep a smallholding of various animals including chickens, geese, ducks, as well as 10 bee hives, fruit trees, a large vegetable plot and berry bushes. The unit proposed would facilitate the processing and storage of the varied produce associated with their small-holding stock and would contain also a machinery, tool, food storage and workshop facility connected to the keeping of the land and the enjoyment of their hobbies.

Of relevance to the consideration and determination of this application is the previous planning application 17/00071/B. This previous application had been recommended for approval within the planning officers' report and was placed before the planning committee on 3rd July, 2017.

The Committee was not satisfied that the proposed building, particularly in relation to its height (5.2m to the ridge with eaves at 3.3m) was justified. This previous application contained a 2- storey element and although contrary to the officers' report, the application was refused.

This, the current planning application, therefore seeks to reduce the height in particular from the previous 5.2m ridge down to 4.0m at its highest point and reduces also the eaves height to 3.0m closer to the roadside elevation.

It was recognised by the planning officer within the previous assessment that development along the Andreas Road is sporadic and as any such visual impact when glimpsed through the trees would not be out of keeping with this road. The proposed dark cladding colour would not be particularly apparent from a roadside aspect, the site is well screened by hedging and the current proposal does not seek to remove any of the current substantial screening afforded to the land by the still developing tree, bush and hedge cover.

Need and justification for the proposed unit was previously deemed acceptable with the application being refused primarily in relation to the proposals height, which has been addressed."

2.4 In a separate letter accompanying the application, the applicants advise: "Our names are Claire and Phill Pullen. We work as a Construction Project Manager on sustainable builds and as a traditional Hedge Layer.

Fuelled by a dream to own our own smallholding, we purchased Croit Aust back in 2016 when it was just a dilapidated one bedroom bungalow with overgrown woodland and an unused field. During the past 8 years we have been replacing the bungalow with a new family home for ourselves and our two children. We have spent endless hours removing ivy and brambles from the woodland, to allow the trees to flourish and planted over 200 more trees including a large orchard and nut trees for coppicing. We have improved biodiversity by nurturing a pond and creating an area where rotting wood is able to decay. We are not fully self-sufficient yet, but are working towards it and have created a substantial vegetable garden and also keep chickens, ducks, geese and bees to supplement our diet.

We would like to build a modest agricultural style barn so we are able to have a workshop where we can utilise the existing woodworking tools we have and where we can put a large bench saw for managing timber. We would like a dry area where we can safely store animal feed and produce from the orchard, vegetable garden and hives. Finally we would like a secure, covered area to keep equipment we already have such as lawn mowers, rotavators,

==== PAGE 5 ====

                                                 25/90080/B
                                 Page  5  of  10

chainsaws and gardening equipment but also allow us to invest in additional items to increase our self-sufficiency.

We have previously submitting a planning application for a barn which was supported by the planning officer but although they agreed in principle, the planning committee refused the application on the grounds the structure was too tall. They suggested reducing the ridge hight and them resubmitting. We have now reduced the ridge height to the minimum usable height and hope that the committee are now able to approve this application."

3.0 PLANNING POLICY AND STATUS 3.1 The application site is within an area not designated for development under the Isle of Man Development Plan Order 1982. The site is not within an area zoned as High Landscape or Coastal Value and Scenic Significance. It is shown as lying outside and to the south of the settlement boundary for Andreas as shown on Draft Proposals Map 8 - ANDREAS - in the Draft Area Plan for the North and West (2022).

3.2 Due to the land use designation of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:

3.3 General Policy 3 states: "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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".

3.4 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."

3.5 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 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

==== PAGE 6 ====

                                                 25/90080/B
                                 Page  6  of  10

nature and materials of construction must also be appropriate to the purposes for which is it 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 17/00071/B - Erection of agricultural storage shed - Refused at Planning Committee on 03.07.2017, for the following reason: "The Planning Committee is not satisfied that the proposed building, in terms of its size and particularly its height, is justified by the size and nature of the holding involved and the proposal would therefore be contrary to General Policy 3 and Environment Policy 15 of the Strategic Plan." Decision Notice dated - 12.07.2017. No appeal was received.

4.2 Replacement dwelling on existing site - Croit Aust, Andreas Road - 17/00070/B - APPROVED

5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners (21/3/25) comment: "Object unanimous The Commissioners ask why this building needs to be so large. For example, there is a significant area of it set aside for animal feed but the owners have few animals. It is being classed as an agricultural building but, from what the owners themselves say, they will not really be using it as such. The Commissioners are concerned that, if the building has three phase power, it could be used for commercial purposes. They would suggest opting for something smaller under permitted development."

5.2 Highway Services have no objection (on 26.02.2025) advising: "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 accesses are acceptable for the proposals."

5.3 No third party (neighbour) representations had been received by the Report Drafting stage (1/5/25).

6.0 ASSESSMENT 6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential for the conduct of agriculture or forestry. The applicants proposed use of the building would appear to fall within both these uses.

6.2 Environment Policy 15 also needs consideration, as the first paragraph of this policy requires first the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.

6.3 In terms of the need of a building and its size on this site the applicant has outlined in the Planning Statement contained in their covering letter. It is noted that no concerns have been raised by local residents regarding these proposals compare d with the previously refused PA17/00071/B proposal for the erection of an agricultural storage shed on the same site. The size of that proposed building was that it would have a width of 10 metres, a depth of 6 metres

==== PAGE 7 ====

                                                 25/90080/B
                                 Page  7  of  10

and a ridge height of 5.2 metres (eves 3.3m). The current proposed building would use a steel framed, mono-pitch roofed structure and measure approx. 4.0m high to the front elevation and 3.0m high to the rear elevation x 15.4m long x 5.56m wide. It would provide a floor area of approx. 85m2, whereas the previously refused design would have provided a floor area of approx. 100m2 over two floors. The building is proposed to be sited in the northeast corner of the site, approximately 5 metres from the northern site boundary. The building would run parallel with the Andreas Road.

6.4 Certainly, the size of the building is significantly smaller than the general modern agricultural/livestock building you would expect to find on a working farm, the proposed shed measuring 15.4m x 5.56m would represent a small agricultural building in this respect. However, the key issue is whether the proposed structure on this site is appropriate for the size of the site and the needs of the applicant. The site is best described as a smallholding.

6.5 The applicant has provided further information in relation to the equipment in terms of size/type in a separate letter supporting their application. There are various sizes & types of diggers, tractors, dumper trucks etc. and the building would also be used for the storage of harvested produce and animal feed. Given the passage of time between the consideration of the 17/00071/B proposal and the current application, it is clear that the applicants have demonstrated a commitment to their small-holding, and the need for the building is accepted. The applicants have provided photographs of the site and of the surroundings as viewed from the road frontage the following comments, as well as photographs of the current equipment they have on site, some of which would be retained but other would be replaced:

6.6 It is important that where possible and desirable, the department should try and support genuine agricultural or equestrian use of land which is not designated for development. The department in recent times has experienced more applications for small holdings/horticultural activities throughout the Island, the majority of which involve proposals which involve the erection of buildings for storage facilities, for feed, animals and/or the storage of machinery (security/prevent damage from weather etc.) for the up keep of land and/or to undertake the agricultural activities i.e. growing of crops etc.

6.7 The proposed building would be single storey and would have a footprint of approx. 85m2. Previously, the applicant has advised of that a ride-on mower rotavators, chainsaws and gardening equipment would be stored which would allow them to invest in additional items to increase their self-sufficiency. It is considered that such equipment can likely be stored in the machinery store section of the building, sufficient to cover day to day operations around the small-holding.

6.8 The applicant has also advised of the requirement for the wood workshop/craft preparation area within the building which would provide a workshop where they can utilise the existing woodworking tools they have and can put a large bench saw for managing timber.

6.9 The need for the vehicles and their type and their size would all seem to be appropriate for this site for the maintenance of the site and wooded area, but also to meet the agricultural activities the applicants propose. Overall, in terms of where there is a need of a barn and whether the size of the barn is appropriate to the site; the department is satisfied that both aspects are acceptable and comply with the relevant aspect of Environment Policy 15.

6.10 The next aspect of the policy which needs consideration relates to its siting and visual impact. The proposal would be in sited close to the public highway in a fairly isolated position, albeit the character of the Andreas Road in the immediate area, is of sporadic built development (mainly dwellings) along or close to the road side.

6.11 The road side boundary comprises of matured hedgerows/bushes of various heights, albeit there are sections where views of the site and beyond can be achieved from the public

==== PAGE 8 ====

                                                 25/90080/B
                                 Page  8  of  10

views from Andreas Road. The proposed building will be seen from certain aspects, but mainly when travelling immediately past the site. Approaching the site along the Andreas Road from the east (Ramsey direction) the agricultural storage shed would likely be screened by the existing roadside boundary landscaping before the site and also the woodland immediately to the east of the building. Views when traveling along the Andreas Road in the opposite direction (from Andreas) would again be limited given the roadside boundary treatment and the curvature of the Andreas Road. Essentially, as identified earlier, the main views would be when travelling past the site along the Andreas Road, albeit with the existing mature landscaping and additional landscaping proposed and the grey metal panel cladding finish, it is likely the barn will blend with the existing and proposed landscaping, to the extent where it would not be an obtrusive or prominent feature in the area; albeit parts of it would be apparent, while the additional landscaping matured, the single storey nature of the building would assist in ameliorating any adverse visual impact that may arise from the development.

6.12 In terms of the design and finish of the building it is accepted that the building is of a contemporary design and is not the 'norm' in terms of agricultural buildings. The roof and elevations of the building would all be coloured in a grey metal panel sheeting and thus would provide a neutral coloured structure that would blend in readily with the colour of the countryside and as mentioned new landscaping to reinforce the existing roadside landscaping is proposed to further help the blend the barn into the countryside setting. A landscaping condition should be attached for this planting.

6.13 In terms of impacts upon neighbouring amenities (loss of light, overbearing impact and/or overlooking), the proposed barn would be sited at least 70+ metres from the closest neighbouring properties Aust Veg and Aust Vane. It is considered this distance and the landscaping between the proposed barn and the neighbouring dwellings would ensure no significant impacts would occur.

7.0 RECOMMENDATION 7.1 In conclusion the erection of the agricultural building will increase built development on this site and will change the visual appearance of the site from one which is currently a field. However, the works proposed are considered appropriate partially given the visual impact would be mitigated to an acceptable level, but also given the use of the building will facilitate the proposed uses which will be of benefit to the site and surrounding countryside both in the short and longer time. Accordingly, it is considered the proposal would comply with the relevant policies as indicated within the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.

8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 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.

8.3 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.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

==== PAGE 9 ====

                                                 25/90080/B
                                 Page  9  of  10

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.

__

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 19.05.2025

Signed : Presenting Officer

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.

==== PAGE 10 ====

                                                 25/90080/B                                      Page  10  of  10

PLANNING COMMITTEE DECISION 19.05.2025

Application No. : 25/90080/B Applicant : Mr And Mrs Claire And Philip Pullen Proposal : Erection of agricultural storage shed Site Address : Croit Aust Andreas Road Aust Ramsey Isle Of Man IM7 4EF

Presenting Officer : Hamish Laird

Addendum to the Officer’s Report

At the PC Meeting on 19/5/25, Members, in granting an approval resolved to add a new conditions 6 and 7 to read as follows:

Condition 6 Prior to the first occupation of the development, hereby permitted, details of any permanent outdoor lighting to be installed, which shall incorporate a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023), shall be submitted to submitted to and approved in writing by DEFA Planning. The development shall be carried out in accordance with the approved details, which shall then be retained and maintained for the lifetime of the development.

Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016, and to safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.

Condition 7 Prior to the first occupation of the development, hereby permitted, details for the provision of a minimum number of 3 bird boxes for nesting birds to be installed within the wooded area between the dwelling and the site of the agricultural building, shall be submitted to submitted to and approved in writing by DEFA Planning. The development shall be carried out in accordance with the approved details. The bird boxes shall then be retained and maintained for the lifetime of the development.

Reason: For the conservation and protection of birds on and around the site, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016. __