Loading document...
==== PAGE 1 ====
25/90378/B
Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90378/B Applicant : Dalmatian Limited Proposal : Extension to existing shed for hay production/storage Site Address : Blue Point Yard Ballawhane Farm Leodest Road Andreas IM7 3EG
Planning Officer: Lucy Kinrade Photo Taken : 10.07.2025 Site Visit : 10.07.2025 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.07.2025 __
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 hereby approved must be used only for agricultural purposes. Should it no longer be used for agricultural purposes the building and any associated hardstanding and groundworks shall be removed within 12 months of the date the use ceased and seeded with grass.
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 and removed if no longer needed.
C 3. The building hereby approved shall be finished externally in dark green colour to its walls, and grey colour to its roof (with exception to the opaque roof light panels) and retained as such thereafter.
Reason: In the interest of visual amenity.
C 4. Any external cladding to the existing building shall be finished externally in dark green colour and retained as such thereafter.
Reason: to align with the details submitted and towards creating cohesion across the buildings external appearance.
This application has been recommended for approval for the following reason.
==== PAGE 2 ====
25/90378/B
Page 2 of 6
It is accepted that there is a recognised agricultural justification to meet with General Policy 3, and the proposed building by reason of its siting, size, scale and design is considered to have an acceptable impact on the character and appearance of the countryside in line with Environment Policies 1, 2 and 15 of the Isle of Man Strategic Plan 2016 and not to undermine Landscape Character Appraisal area F2. It is also considered that the proposal has an acceptable amenity impact on the neighbours in line with General Policy 2 (g) and Environment Policy 22.
Plans/Drawings/Information;
This approval relates to the following:
covering letter 856.25.01 date published online 08/04/2025
dwg 856.200 date published online 01/05/2025
dwg 856.201 and dwg 856.202 date published online 12/05/2025
__
Right to Appeal
None __
Officer’s Report
1.0 THE SITE 1.1 The application relates to an existing site located on the corner of Blue Point crossroads with Smeale Coast Road and Leodest Road. The site is known as 'Blue Point Yard' and forming part of the wider site outlined in blue recognised as Ballawhane Farm.
1.2 There is an existing agricultural building already on the site and with access directly onto the coast road.
PROPOSAL 2.1 Proposed is an extension to the existing shed to provide additional space for hay storage and hay production.
2.2 The proposed is the extension is to measure 12m x 27.5m adjoining the western side elevation and is to be slightly taller than the existing building measuring 5m to eaves and 6.6m to central ridge.
2.3 The building is to be finished in green metal cladding to its elevation and grey sheeting to its roof.
2.4 Drawings also indicate a new roller shutter door to be installed to the rear of the existing building and information for the recladding of the existing building in green sheeting to match the new building. When at site it was noted that part of the existing building had already been re-clad in dark green.
3.0 PLANNING HISTORY
==== PAGE 3 ====
25/90378/B
Page 3 of 6
3.1 There have been a number of applications on the site; most recent is PA 18/01294/B for an extension to the farmyard area, including ground works, retaining walls, concreting and drainage works. This was partial retrospective and approved subject to conditions.
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
The hardsurfacing must be used only for agricultural purposes associated with Ballawhane Farm. Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the hardsurfacing must be used for the purposes for which it is approved.
No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include all trees, hedgerows and other planting which are to be retained; and a planting specification to include details of all new planting in the areas identified on drawing 856.25B. All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation/operation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Reason: To ensure the provision of an appropriate landscape setting to the development.
Prior to the commence of the concrete yard area hereby approved (shown in pink on drawing 856.25B) a scheme to accommodate surface water and prevention thereof of running onto the public highway, should be submitted for approval by the Department. These approved drainage details are required to be completed prior to the use of the concrete yard area and the drainage provision retained thereafter. Reason: To ensure adequate measures are in place to reduce the level of surface water run off onto the public highway.
4.0 PLANNING POLICY 4.1 The site is not designated for development on the 1982 Development Plan but is within an AHLV. The site is not recognised as being at any flood risk on recent maps nor within any Conservation Area. Given the nature of the proposal is it relevant to consider the following policies: o Spatial Policy 5 - development only permitted in countryside if in accordance with GP3. o General Policy 2 - general standards towards acceptable development o General Policy 3(f) - sets out exceptions to development in the countryside including operations essential for conduct of agriculture, o Environment Policies 1 and 2 - seek to protect the countryside for its own sake and from harmful and unwarranted development o Paragraph 7.6.1 - Landscape assessment and classification o Paragraphs in Section 7.13 - protection of agricultural land and real agricultural need must be demonstrated o Environment Policy 15 - outlines the general design criteria for agricultural buildings being positioned as close to existing buildings as possible and being of appropriate scale and sympathetic to the landscape o Environment Policy 23 - potential increased adverse impact on existing neighbours
4.2 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
==== PAGE 4 ====
25/90378/B
Page 4 of 6
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."
4.3 A material consideration in this case is those parts of the Food Matters Business Development Strategy 2015-2025 that set out help support the continued growth of the local farming businesses.
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o none
5.2 Policy/Strategy/Guidance o Agricultural Soils of the Isle of Man (2001) is the study that classifies areas of the Island by agricultural requirements. It contains the Agricultural Land Use Capability Map. o Isle Of Man Landscape Character Assessment 2008 - Area F2
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DEFA Agricultural Officer - in support (30/06/2025) - although land owner is not directly farming the land, the tenant farmer is a significant sized and known agricultural business and the land remains in very much active agricultural use and the tenant farmers has provided details to the agricultural officer confirming their agricultural practices. They are content with the building size and design for its intended agricultural purposes. The proposal will bring benefit to the local farming activity.
6.2 The following were consulted but not response received at the time of writing the report 08/07/2025: o Manx Utilities - electricity o Andreas Parish Commissioners o DOI Highway Services
7.0 ASSESSMENT 7.1 The key considerations in the determination of the application are: a) Principle of development b) Impact on character and appearance of countryside c) Impact on residential amenity d) Highway safety and traffic
7.2 a) Principle of Development 7.2.1 The site lies within the countryside as defined in Environment Policy 1 of the Strategic Plan, and within a landscape area recognised in the Landscape Character appraisal 2008 as F2. Strategic Policy 2 of the Strategic Plan indicates that development in the countryside will be permitted only in the exceptional circumstances identified in General Policy 3. Exception (f) applies to works essential for the conduct of agriculture, and Environment Policy 15 indicates that the agricultural need for any building must outweigh those general presumptions against development in the countryside and that its impact including its size, scale, design, accesses, servicing is also acceptable and appropriate.
7.2.2 There is an existing agricultural building on the site, and the proposal will result in an extension to it. DEFA Agricultural Officer has commented on the application outlining that while the applicant themselves is not directly farming the land, it is tenanted and under contract agreement to a well-known and significantly sized farming business (having declared land of
==== PAGE 5 ====
25/90378/B
Page 5 of 6
approx. 115 acres) and they are content that the land is in active agricultural use. DEFA Agricultural Officer supports the proposal, recognising its clear agricultural justification and its benefit it will bring to local farming activity and this weighs in favour of the application.
7.3 b) Impact on character and appearance of countryside 7.3.1 The new building would be attached to the existing building which is on a corner bound by two public roads. The site and existing building is already visible to the public, and the erection of another building will also be visible spreading further built development across the site. There will be a notable change from public view due to increase in building numbers, but this physical change is not considered to be adverse. The new building is considered to respect the size, scale and design of the existing building and both being of typical agricultural construction and appearance in line with EP15. The siting attached to the existing building also helps to contain development within the existing corner of the field and not visually spreading development into the wider area as to best protect the open character of the landscape in line with EP1 and EP2.
7.3.2 The new rear roller shutter is considered unobjectionable and not having any adverse impacts on the existing building or surrounding area. The proposed cladding to the existing building is also considered to be visually acceptable and likely resulting in an overall cohesive appearance between the existing and proposed.
7.4 d) Impact on Residential Amenity 7.4.1 There is already an existing building on this site and where there is already likely a degree of agricultural activity and movement. The development of another building here may seek to increase agricultural activity and so naturally there may be some increase to neighbouring residents compared to the existing situation. However, this site is within the countryside and where agricultural activity is to be expected and the proposal indicates that the use is primarily for hay and crop storage. The building sits furthest from the nearest neighbour Ballakiel Farm, who also have a number of agricultural buildings positioned closer. Given the intervening buildings, the rural location and the position of the new building on the side furthest from the neighbours, any increase is not expected to result in such an new or increased adverse impact as to warrant a concern in respect of General Policy 2 (g) or Environment Policy 22 or a refusal in this instance.
7.5 e) Highway Safety and Traffic 7.5.1 There is already an existing access serving the site. There are no changes proposed to it and so there are no impacts or any new highway safety issues beyond the existing agricultural use to consider in this case.
8.0 CONCLUSION 8.1 Minded of the above, it is considered that there is a recognised agricultural justification to meet General Policy 3, and the proposed building by reason of its siting, size, scale and design is considered to have an acceptable impact on the character and appearance of the countryside in accordance with Environment Policies 1, 2 and 15 of the Isle of Man Strategic Plan 2016 and not to undermine Landscape Character Appraisal area F2, and is considered to have acceptable amenity impact on the neighbours in line with General Policy 2 (g) and Environment Policy 22.
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);
==== PAGE 6 ====
25/90378/B
Page 6 of 6
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: 16.07.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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.
Copyright in submitted documents remains with their authors. Request removal