DEC Officers Report

Application No.:	14/00447/B
Applicant:	Carl Huxham
Proposal:	Erection of an agricultural building
Site Address:	Field 134898 Cronk Aalin Farm Narradale Sulby Isle Of Man

Officer's Report

The Application Site

1. The application site is Field 134898, Cronk Aalin Farm, Narradale, Sulby. The site is situated in open countryside and on higher ground to the south east of Sulby. The site comprises a newly established dairy farm with agricultural buildings recently built and the farm house currently under construction. The site is situated to the west side of a country lane and the area is relatively secluded.

The Proposal

1. The application seeks planning approval for the erection of a shed to be used for the storage of straw. The applicant explained during the site visit that they do not presently have sufficient space to store straw and there were examples viewed on site of straw being stored (and subsequently damaged) in the open air.

1. The proposed shed would be situated in front of the recently built milk parlour and cattle shed. It would be on slightly lower ground with the land falling in a northerly direction. The shed would measure 23 metres in length by 13.5 metres wide. It would have a shallow pitched roof at 7 metres height to the ridge. The new building is markedly smaller than the existing buildings. The walls would be clad in box profile plastisol coated metal sheeting. The roof would be finished in Lauren green single skin fibre cement sheets. The materials would match the existing adjacent buildings.

Planning History

1. The site has the following relevant history:

13/00064/B - approval granted in 2013 for extension to agricultural building. 11/01355/B - application withdrawn. 09/01666/B - application withdrawn. 08/01894/B - approval granted for erection of agricultural building.

Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	30.04.2014
Expected Decision Level:	Officer Delegation

08/00369/B - approval granted for farm worker's dwelling.

07/00389/B - approval granted for erection of agricultural building.

Planning Policy

1. The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being within an Area of High Landscape or Coastal Value and Scenic Significance.

1. The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:

Strategic Policy 2:

'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3 [General Policy 3].'

Strategic Policy 5:

'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'

Spatial Policy 5:

'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

General Policy 1:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

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:

• (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, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land(1) 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;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent 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.

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 overriding 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.'

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.'

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.

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 nature and materials of construction must also be appropriate to the purposes for which it is 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.'

Representations

1. Lezayre Parish Commissioners - unanimous approval.
2. Agricultural Advisor, DEFA - provides detailed comments. Indicates that there is a need for the proposed building.

Assessment

Whether there is a justification and need for the development

1. The site is situated in the countryside where development is strictly controlled and the countryside should be protected for its own sake. General Policy 3 (f) does permit, as one of a list of exceptions, development that is essential to agricultural and forestry operations.

1. The proposal is to provide a shed for the storage of straw on what is a relatively new dairy enterprise. The Agricultural Advisor at DEFA has been consulted on the application. He notes that the limited storage area has now been utilised for the expanding dairy processes. The new building will allow the straw bedding for the dairy herd to be stored under cover, limiting waste and improving straw utilisation. The building is also likely to be used for the housing of some dry cows and calf rearing. This will allow the current facilities to be fully stocked with in milk cows. The applicant demonstrates a need for the building. The Agricultural Advisor notes that the design of the building does not appear to indicate a suitable ventilation ridge for the housing of livestock. The applicant has since confirmed that they do not intend to keep livestock in the building.

1. In view of the comments of the Agricultural Advisor, it is accepted that there is a need for the proposed storage shed. The acceptability of the proposal should therefore turn on the consideration of the following issues.

Landscape impact

1. The proposed new building would be closely related to the existing farm buildings which would help reduce its visual impact. It is in an area in front of the milking parlour where part of a bund was shown on the plans for the previous application, 13/00064/B. There is already an earth bank in situ in the broad location shown on the approved plans. The earth bank currently provides some visual screening of the milking parlour from views from the north; however, the proposed storage building will now be in front of it.

1. The site of the new building is on an existing flat "terrace" area of field to the immediate north of the existing cattle building and dairy parlour. It is on lower ground than these other buildings and the ridge height of the new building would be slightly lower than the existing. The applicant has confirmed the colour finishes of the roof and walls (green) and that they will match the colour finishes of the existing buildings. The new building will not be readily seen from public views and will probably only be seen from much longer distance views. Even then, it will be seen as part of a group of agricultural buildings. Therefore, the loss of part of the earth bank is not considered to be a significant issue. The earth bank in front of the cattle shed would be retained. It is considered that the character and appearance of the countryside, and that of the wider landscape, would not be harmed.

Access

1. The proposed building is unlikely to generate a material increase in traffic to and from the farm in its own right. No response has been received from the Highways Service. It is considered that the proposals would not have a negatively impacts on highway safety or the wider road network.

The effect of the proposal upon neighbour amenity

1. The site has no immediate neighbours and the proposal would not adversely impact upon neighbour amenity.

RECOMMENDATION

1. It is recommended that the application is approved.

Party Status

1. The following parties should be afforded interested person status:

The local authority, Lezayre Parish Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status

The Highways Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The walls shall be finished in Merlin Green18b25 and the roof finished in Juniper Green 12b29 as set out in the applicant's email of 02 May 2014, unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of the appearance of the development and minimising its wider landscape impact.

N 1. The Agriculture Advisor at DEFA has advised that the design of the building does not indicate a suitable ventilation ridge for the housing of livestock. If the applicant wishes to use the building to keep livestock then it might need to be modified. Further advice can be obtained from DEFA.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	09.06.2014

This approval relates to Drawing Numbers 2443/12 SS-01 (site location plans) and P5365-01 (proposed) received on 10 April 2014.

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.

Decision Made : Permitted Date : 18/6/14

Determining officer (delete as appropriate)

Signed : _________________________ Chris Balmer Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Head of Development Management