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1.1 The site represents Ballamenagh Beg, Jurby Road, Sandygate which is a farm complex located to the northern side of the Jurby Road and northwest of Sandygate Crossroads. Within the farm complex there are two modern portal framed barns. The farm also includes two farm dwellings to the west and southwest of the main farm buildings.
2.1 The application seeks approval for erection of extension to existing agricultural building. The proposed extension to the existing modern barn would be to the western elevation of the western most barn. The extension would have a width of 9.8 metres, a depth of 27.8 metres and a maximum height of 3.8 metres.
3.1 The site is partly within an area designated as 'open space' under the Isle of Man Development Plan Order 1982.
3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
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."
4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:
4.2 Erection of an agricultural building - 05/92168/B - REFUSED on the following grounds: "The proposed development would be contrary to Policy ENP2 of the emerging Strategic Plan in that the site is crossed by 11KV overhead, high-voltage electricity cables and therefore the site is safeguarded from development. Furthermore, the overhead, high-voltage electricity cables crossing the site would need diversion; this may itself require planning permission."
4.3 Erection of an agricultural workers dwelling - 04/01935/B - APPROVED 4.4 Erection of agricultural building - 02/00195/B - APPROVED 4.5 Approval in principle for the erection of a new agricultural dwelling - 04/00379/A - APPROVED 4.6 Erection of barn for hay and straw to form extension to existing barn - 97/00521/B - APPROVED 4.7 Erection of porch on dwelling and Extension to Dutch Barn - 92/00359/B - APPROVED 4.8 Extensions to dwelling and agricultural building - 91/00506/B - APPROVED 4.9 Approval in principle to farm dwelling and building - 88/01999/A - APPROVED 4.10 Erection of a dwelling and associated calf rearing shed - 89/00784/B - APPROVED
5.1 Jurby Parish Commissioners no objection (received on 24.11.2014).
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.
6.2 Further to this policy, Environment Policy 15 also need 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 The proposal is an extension to an existing farm building which forms part of a large farm holding. DEFA have advised that; "the agricultural business B R Cleator and sons limited extends to some 270 acres and they undertake a range of agricultural activities; Cattle, sheep and Vegetables." The extension is relative modest compared to the existing barns on site. Accordingly, it is considered there is sufficient agricultural justification and would be acceptable in terms of General Policy 3 and the first aspect of Environment Policy 15.
6.4 The next aspect of Environment Policy 15 which needs consideration is the siting and size and the design (materials & colour) of the proposal and whether the proposal would be a sympathetic to the landscape and built environment of which they will form a part.
6.8 The design, finish, form and scale is of a standard agricultural barn which is common throughout the Island.
6.12 The proposed barn would be potentially visible from the Jurby Road, albeit given the roadside and field boundaries which consist of mature hedgerows/trees between the road and the site, the views of the building would not be prominent nor result in a significant intrusion within the countryside setting.
6.13 The proposal would be sited within existing farm buildings and would appear part of the main farm complex. This siting is what Environment Policy 15 seeks to ensure development does not result in sporadic and isolated buildings in the countryside.
7.1 For these reasons the proposal is considered to comply with the relevant policies of the Strategic Plan and therefore recommended for an approval.
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, DEFA and the Local Authority in whose district the land the subject of the application sits.
Recommended Decision: Permitted
Date of Recommendation: 16.12.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 building must be used only for agricultural purposes.
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.
This approval relates to drawings reference numbers SM14/352/1, SM14/352/2 and SM14/352/3 all received on 22nd October 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 : 22/12/14
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
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