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Application No.: 13/91132/B Applicant: Mr Stephen Bradley Proposal: Erection of an agricultural storage building Site Address: Middle Cronkbane Farm Cronk Y Voddy Kirk Michael Isle Of Man IM6 1AZ Case Officer : Mr Chris Balmer Photo Taken: 09.10.2013 Site Visit: 09.10.2013 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The site forms the curtilage of Middle Cronkbane Farm, Cronk Y Voddy, Kirk Michael, located on the south-eastern side of the A3 Road which runs from Kirk Michael to the north of the site to St Johns to the southwest of the site. - 1.2 Middle Cronkbane Farm is currently accessed via an existing entrance onto the A 3 road with a driveway running approximately 180 metres in a southerly direction to the main dwelling (Middle Cronkbane Farm). Due to the topography of the land the ground level of the Middle Cronkbane Farm is set significantly above that of the A3 road. - 1.3 The application site also includes a field (Nr 314129) immediately to the southwest of the entrance, which roadside boundary consists of a approximately 1.2 to 1.5 metre high Manx sod bank with sections of hedgerows above which vary in height. - 1.4 To the north-east of the existing entrance is field 314133 which is not within the applicant's ownership. The roadside boundary of this filed consist of 1 to 2 metre high Manx Sod bank, again with sections of hedgerows above. - 1.5 Within the application site is a large garage block which has accommodation above. The garage aspect appeared to being used for domestic storage. There are also a further two timber stable buildings, one of which appear to being used for building materials and a fridge. It was also noted when visiting the application site; the area was being used for the storage of building equipment/materials. No planning permission exists for this use.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of an agricultural storage building what has a width of 20 metres, a depth of 12.1 metres and a maximum height of 6 metres. The building has a lean-to roof design, finished in green metal profile sheeting. The proposal would be sited approximately 60 metres to the west of the existing dwelling Middle Cronkbane Farm House. - 2.2 Immediately to the south east of the proposed, a bank can be found which the submitted drawings indicated has a height of approximately 6 metres. It should be noted the
bank as shown on the elevational drawings is not considered to represent what was viewed on site. This bank would potentially form the backdrop of the proposed barn. Fronting the northwest elevation of the barn is a new 1.8 metre high sod bank.
3.0 PLANNING POLICY AND STATUS - 3.1 The application site is in an area zoned as an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan as such, there is a presumption against development. - 3.2 Given the nature of the application it is appropriate to consider Environment Policy 1, Environment Policy 2 and General Policy 3 of the Isle of Man Strategic Plan (20th June 2007). - 3.3 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 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:
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:
3.4 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 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."
4.0 PLANNING HISTORY - 4.1 The previous planning applications are considered relevant in the assessment and determination of this application: - 4.2 Alterations to vehicular access onto highway - 13/91133/B - APPROVED - 4.3 Change of use of flat within dwelling to tourist accommodation - 97/02099/C APPROVED - 4.4 Erection of garage - 97/00370/B - APPROVED - 4.5 Enlargement and fencing of manege - 99/00804/B - APPROVED - 4.6 Alterations to vehicular access - 99/00805/B - APPROVED - 4.7 Construction of garage with living accommodation over - 90/01244/B - APPROVED
5.0 REPRESENTATIONS - 5.1 DOI Highways Services have no objection (received on 14.10.2013)
6.0 ASSESSMENT - 6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 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 developments indicated within General Policy 3. One of the exceptions is for building and engineering operations which are essential for the conduct of agriculture or forestry. - 6.2 Consideration also needs to be given as the site is within the countryside and Environment Policy 1 indicate states the countryside and its ecology will be protected for its own sake and that development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms. Furthermore, the site is within an area designated as High Landscape or Coastal Value and Scenic Significance. Accordingly, the proposal needs to be assessed against Environment Policy 2. This policy indicated that the character of the landscape will be the most important consideration, unless it can be shown that development would not harm the character and quality of the landscape or the location for the development is essential. Environment Policy 15 is more specific to agricultural buildings and again requires there to be sufficient justification for the building and the design and finish is appropriate. The Policy also indicates that 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. - 6.3 Due to these policies it is considered there needs to be essential agricultural justification for the proposal and that the design, size, siting would not harm the character and quality of the landscape.
6.4 In terms of agricultural justification there is very little information submitted with the application. The applicants have indicated that Middle Cronkbane Farm extends to a total of fifteen acres, which is made up of twelve acres of pasture and tree plantation and the garden area of the dwelling. They have indicated that due to the very server weather conditions in the earlier part of 2013, the existing stable block and equipment store at the site was damaged as well as vehicles. It should be noted this building has a footprint of 6 x 4.5 metres. The applicants have indicated that due to the adverse weather conditions and the farm being in a isolated location they have had to re-think their contingencies arrangements in terms of onsite undercover storage for equipment relates to the plantation and the small holding, together with equipment requirements to keep life moving, for example a snow plough. They have indicated that the proposal would free up the existing garage block for tor vehicles rather than equipment. - 6.5 The department sought advice from the Agricultural Advisor of DEFA who considered the farm enterprise is based on 5.25 acres of land, which appears to be grazeable land for horses. He indicates the current agriculture labour requirement of 0 standard labour units. - 6.6 There was initial concern of the proposal, especially given the size of the building proposed. Accordingly a meeting between the applicant's and the department was held to gain a better understanding. At this meeting it was indicated that actually the larger section of the barn was for the storage of a 'ribbed' boat which the applicant owned and this also dictated the height of the barn. Following, this meeting the department asked for further justification for the building, potential alterations to the design/height of the building and a plan which showed how all the equipment the applicants owned would be stored in the new barn. Such information has not being received even after many months and emails. Accordingly, it is considered the application does not adequately prove that there is essential need for the proposed barn, and therefore it is considered contrary to General Policy 3, Environment Policies 1 &2 and Environment Policy 15 of the IOM Strategic Plan. - 6.7 There was further concern, relating to the height of the building and the design, given the site within a prominent position when approaching the site from the south, when travelling from Kirk Michael. The proposed barn would be seen just below the horizon of the hillside and would be apparent form public views. Accordingly, it is also considered the proposal would have a detrimental impact upon the character and quality of the landscape, which is designated as being of High Landscape or Coastal Value and Scenic Significance, therefore the proposal would again be contrary to Environment Policies 1 & 2 of the IOM Strategic Plan.
7.0 RECOMMENDATION - 7.1 Overall, for the reasons given it is recommended that the application be refused.
8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services and the Local Authority in whose district the land the subject of the application sits.
Recommendation
Recommended Decision: Refused
Date of Recommendation:
03.12.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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 : Refused Date : ………5/12/14…….. Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………M Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management
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