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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: 14/00310/B Mr Eric Carey Erection of a timber shed for use as a farm shop and creation of gravel area for parking and turning Field Number 134889 Lezayre Road Glen Tramman Ramsey Isle Of Man Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level: Mr Chris Balmer 08.04.2014 08.04.2014 Officer Delegation Officer's Report 1.0 THE SITE The site is a field to the north of the A3 TT Course between Baliakiliingan to the east and the Garey Road to the west, The field slopes downward from the road and there is an existing access from the main road with a rough track leading down into the field in a straight line. Currently, the field has been split into three areas. To the east of the lane is the largest field (identified as "Arable field" on the submitted drawings) which currently has a single pig pen. To the west of the lane is a field which is currently empty (identified as "Pig Filed" on the submitted drawings) and to the north west of the lane is an area which currently accommodates a storage unit (3m x 10m), The submitted drawing indicates that four pig pens (formed by post and wire fences 1.2m high) are located along the northern boundary of this part of the site. However, visiting the site (8th April 2014) there was no evidence of these pig pens, Furthermore, within this section of the field large parts where being used for the storage of number of machinery, vans, tractors and equipment. 1.1 2.0 THE PROPOSAL 2.1 The application seeks approval for erection of a timber shed for use as a farm shop and creation of gravel area for parking and turning. The proposed timber shed would have a width of 3.6 metres, a depth of 2.4 metres and a maximum height of 2.4 metres. The new gravel area, where the shed would also be located, has a width and depth of 14 metres and is located within the "Pig field" located 18.5 metres from the southern boundary of the site which fronts onto the Lezayre Road. The applicant has advised he intends to seli free range eggs and seasonal fresh vegetables for example potatoes, beans, brassicas, root vegetables and salad vegetables. 2.2 PLANNING STATUS AND POLICY The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Woodland within a wider area of High Landscape Value and Scenic Significance. 3.0 3.1 20 May 2014 14/00310/B Page 1 of 7

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In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application: 3.2 Getieidi 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: essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); previously developed land 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; the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); location-dependent development in connection with the working of minerals or the provision of necessary services; building and engineering operations which are essential for the conduct of agriculture 3.3 (a) (b) (c) (d) (e) (0 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 buildings or works required for interpretation of the countryside, its wildlife or (h) heritage." 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." 3.4 3.5 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." Environment Policy 18 states: "Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to ttie Department's general retail policies." 3.6 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." 3.7 3.8 Business Policy 5 states: "On land zoned for industrial use, permission will be given only for Industrial development or for storage and distribution; retailing will not be permitted except where either: the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (a) 20 May 2014 14/00310/B Page 2 of 7

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the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area." (b) Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5." 3,9 Strategic Policy 9 states: 'All new retail development (except neighbourhood shops 3.10 and those instances identified in Business Policy 5) ... must be sited within the town and village centres on land zoned for these purposes in the Area Plans...' 4.0 PLANNING HISTORY Planning permission was sought for the creation of an access into the field under PA 05/1085. Permission was then sought for the erection of a barn, stables, field shelter, earth bank and mobile store together with the formation of an access road and hardstanding (retrospective) which was refused at appeal - 10/0369. The Inspector comments as follows: 4.1 "I agree with much of Ms Newton's submissions to the effect that full time occupation should not be a prerequisite...part time activity may be sufficient to be recognised as an agricultural business. However in this particular case the secure land holding is very small, only just over 3 acres, and Mr. Carey advised me that his other parcels of land elsewhere are held on leases that may be subject to three months' notice. The amount of building and track and yard existing and proposed at the appeal site is disproportionately large in relation to the amount of livestock that could be raised here. Also a disproportionate amount of investment is dearly required relative to any realistic level of financial return. There is no policy support, quite the reverse, for anything that might serve as a contractor's yard at this rural location and I conclude that as a matter of fact and degree that the agricultural activity does not justify the development. Accordingly the development falls outside the scope of General Policy 3f and amounts to unwarranted development in this part of the Manx countryside." (paragraph 21) He suggests that the visual impact of the proposed development is unacceptable in this location and any planting would itself be incongruous and would take significant time to establish sufficiently to have any effect and would need to be protected from damage by the pigs. 4.2 It was resolved during enforcement action that the existing structure on site - the portable unit - was lawful due to it having been on the site for more than four years. However, following this refused application, a new proposal (11/01770/B) was submitted and approved at Appeal, to replace existing port a kabin with timber grain store and creation of hard-core track (partial retrospective). The Inspector commented as follows: 4.3 "The current scheme is to extend the existing entrance to the site with a hard core track down to the bottom of the field and create a turning area for vehicles. In my view, that would be a reasonable proposal in the interests of a proper access to the field for agricultural purposes, as well as dealing with some access construction works already carried out. The other aspect of the scheme is the replacement of the existing portakabin with a new timber grain store which is said to be portable. Again, to my mind, that proposal would be preferable to the existing building and a reasonable agricultural scheme. Based on all of these matters, I have concluded that the proposals would comply with the adopted policies of the Strategic Plan." 4.4 5.0 REPRESENTATIONS 5.1 DOI Highway Services have recommended a refusal of the application on the following grounds: 14/00310/B Page 3 of 7 20 May 2014

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"The site is situated on the TT Course and strategic route. This proposal is likely to increase vehicular movement. The access would have to meet the required visibility splays of 2.4 x 215 metres in both directions. Access would have to accommodate tvvo way traffic flow to avoid traffic, a miiiirnum uf 4,1 metres for the first 6 metres." Lezayre Parish Commissioners have recommended a refusal of the application on the following grounds: "The commissioners refused 3-2 majority. They have concerns regarding the access and egress to and from the main road which they feel is dangerous. Visitors to the potential shop will increase the volume of traffic." 5.2 The Manx Utilities Authority - ELECTRICITY make no comments on the merits of the application but ask for an informative note be attached. 5.3 The owner/occupier of Bailakillingon House, Lezayre has objected to the application which can be summarised as; proposed works for a retail business (farm shop) which as yet is unestabiished; a retail business of any nature surely would require a change of use application in its own right and that being so is it not premature to apply for or to grant permission for these works until it is established that a retail business on this site is desirable or practical. 5.4 The owner/occupier of Glebe Cottage, Kirk Maughold has objected to the application which can be summarised as; one expects a farm shop to be erected near and associated with a farm, for this one, the farm is an un-specified distance away and I see littler justification for this development; planning would have no controls on what Is sold form the shop; farm shops generally sell produce only from the farm wherein they sit; planning supports the viability of shopping in towns and the Structure Plan has a policy on this. 5.5 6,0 ASSESSMENT 6.1 There are three main key considerations in the determination of this application; first, is the principle of a farm shop being acceptable on this site; second, the potential visual impacts upon the countryside which is designated as High Landscape Value and Scenic Significance, and thirdly potential impacts upon highway safety. In relation to the principle of a farm shop the lOM Strategic Plan - Environment Policy 18 is clear on this matter and states that retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies. The general retail polices (Business Policy 10 most relevant in this case) state that retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5. For information Business Policy 5 relates to land zoned for industrial purposes and therefore not relevant in this case. In summary if the items to be sold from the proposed farm shop, are not all produced from the site then the proposal is contrary to the provisions of the policy. 6.2 In this submission there is very little information or evidence in support of the application, only a separate letter dated 30th March 2014, where the applicant confirms that he intends to sell free range eggs and seasonal fresh vegetables for example potatoes, beans, brassicas, root vegetables and salad vegetables. The submitted plan indicates that the eastern part of the field would be utilised as an arable field, again no information is given of what if any crops but presumably some of the crops could be grown. However, visiting the site there is no evidence that any crops have been grown on this part of the site, or any part of the site, Furthermore, the applicant has indicated he intends to sell free range eggs from the site. However, there is no provision or proposal submitted which shows where the hens 6.3 20 May 2014 14/00310/B Page 4 of 7

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would be kept. It is therefore considered a reasonable view that the eggs would come from off site. From the little information submitted as part of this application and given there appears little in the way of any crops being grown on this site, it is considered the proposal for a farm shop is premature and therefore would be an inappropriate form of development on this site, therefore contrary to General Policy 3, Environment Policy 18 and Business Policy 10 of the Isle of Man Strategic Plan. The second issue to consider is the visual impact of the proposed works. The proposals (shed and hardstanding) would all be apparent from the Lezayre Road and would introduce further built development within the site. As identified earlier the site is designated as an Area of High Landscape and Scenic Significance and therefore Environment Policy 2 requires consideration. This policy states that 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. It is considered the proposal would fail both aspects, in that the appearance of the timber shed and the larger area of hard surfacing would alter the character and appearance of an agricultural field in an isolated position, and that the location for the development is not essential. Accordingly, it is considered the proposal would be contrary to Environment Policy 1 and 2 of the Isle of Man Strategic Plan. 6.4 6.5 For any new development it is important to consider whether the new development would adversely impact upon highway safety for all road users. With this in mind, Transport Policy 4 deals specifically with this issue. This policy identified that new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner. The DOI Highway Services have raised significant concerns, as the proposal would increase traffic to and from the site by members of the public visiting the proposed farm shop. This situation does not current occur. Highway Services have indicated that the site is situated on the TT Course and strategic route and the access would have to meet the required visibility splays of 2.4 x 215 metres in both directions. Furthermore, they have indicated that the access would have to accommodate two way traffic flow to avoid traffic, a minimum of 4.1 metres for the first 6 metres. 6.6 It was noted when visiting the site that from the access of the site, visibility was very poor in both directions. This was given the existing stone wall/pillars and the road side hedgerow which runs in either direction, blocking visibility in both directions. It was also noted that given the sloping nature of the access (slopes from the road level down into the site) this also restricted visibility further. It is concluded that as the submission has not demonstrated that such visibility can be achieved and that the splays do not rely on land outside the applicant's control. Therefore it is considered the proposal which would generate additional traffic to and from the site, with poor visibility, would fail Transport Policy 4 of the Isle of Man Strategic Plan and would result in a significantly impact upon highway safety for all road uses. 7.0 RECOMMENDATION 7.1 For these reasons the proposals is considered to contravene with the relevant polices of the Strategic Plan and therefore recommended for a refusal. 8.0 PARTY STATUS It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) (Nr2) Order 2013, paragraph 6 (4),and should be afforded interested party status: 8.1 DOI Highway Services Lezayre Parish Commissioners The owner/occupier of Baliakiilingon, Lezayre 14/00310/B 20 May 2014 Page 5 of 7

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8.2 It is considered that the following do not meet the criteria of Town and Country Planning (Development Procedure) (Nr2) Order 2013, paragraph 6 (4),and should not be afforded interested party status: TTie Manx Utilities Authority - ELECTRICrTY The owner/occupier of Glebe Cottage, Kirk Maughold Recommendation Recommended Decision: Refused Date of Recommendation: 14.05.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals R 1. From the information provided it has not been adequat^demonstrated that all the items to be sold from the proposed farm shop are to be produced solely from this site and not off site. Accordingly, it is considered the proposal# for a farm shop is premature and therefore would be an inappropriate form of development on this site, tteEfere'^c^trary to General Policy 3, Environment Policy 18 and Business Policy 10 of the Isle of Man Strategic Plan. R2. The proposed timber shed and hard surfaced area, both in an isolated position^within an agricultural field, would result in built development encroaching into the open countryside to the detriment of the character and quality of the countryside. Consequently, the proposal would be contrary to General Policy 3 and Environment Policy 1 and 2 of the Isle of Man Strategic Plan which all seek to protect the countryside from inappropriate development. R3. From the submitted plans the required access arrangements and visibility splays are not achieved, therefore the development could lead to an access with inadequate visibility, detrimental to highway safety for all users of the access and the existing road contrary to Transport Policy 4 of the Isle of Man Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. 20 May 2014 14/00310/B Page 6 of 7

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Decision Made: Refused Date : Determining officer (deiete as appropriate) Signed :... Sarah Corlett Senior Planning Officer ( 1/1 ^ / Signed :... L... Jennifer Chanc4 Director of Planning and Building Control Head of Development Management Signed :... Chris Baimer Senior Planning Officer Signed ;... Michaei Gailagher 20 May 2014 14/00310/B Page 7 of 7