Officer Report

Application No.: 14/01267/B Applicant: Isle Of Man Goats Proposal: Erection of nine livestock shelters, comprising amendment to approved PA 14/00236/B Site Address: Fields 230578, 234267, 234455, 234456 & 234252 Main Road Kirk Michael Isle Of Man Case Officer : Miss Melissa McKnight Photo Taken: 12.03.2014 Site Visit: 12.03.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is Field Nos. 230578, 234455, 234267, 234456 and 234252 which are located to the eastern side of the main road in Kirk Michael. - 1.2 The fields that make up the application site are located to the south and west of Slieu Curn, east of Mull View, The Mitre Hotel and Kirk Michael School and northwest of Lhergy Vreck Farm.

1.2 Field 234266, adjoining Field 23456 to the east and south of Field 234455, has an agricultural building currently in situ. - 2.0 THE PROPOSAL

2.1 This current planning application seeks approval for the erection of nine livestock shelters which will be divided between the four fields that make up the application site:

• - Field 230578 would have two field shelters measuring 13.9 (l) x 3.5 (w) x 2.3 (h) which would be located along the southern boundary of the field, 3 metres from the boundary.
• - Field 234252 would have two field shelters measuring 13.9 (l) x 3.5 (w) x 2.3 (h) which would be located to the northwest of the field, 4 metres from an existing area of mature vegetation.
• - Field 234455 would have two field shelters measuring 13.9 (l) x 3.5 (w) x 2.3 (h) which would be located to the south of the field, 4 metres from the southern boundary of the field adjacent to an existing area of mature vegetation.
• - Field 234267 would have one field shelter measuring 7.5 (l) x 3.5 (w) x 2.3 (h) to the eastern part of the field, 2 metres from the eastern boundary and 6 metres from the existing agricultural building.

2.2 The shelters would be constructed of tin profiled metal sheet with cladding to the roof and walls finished with a dark green colour. - 2.3 The proposed livestock shelters would be used to house goats.

- 3.0 PLANNING HISTORY

3.1 Planning permission was granted in 2014 under PA 14/01230/B for the erection of an agricultural building at High Tilt, the main house of the enterprise. The main purpose of the building was for storage, winter housing, finishing and security and safety of the goats. - 3.2 Planning permission was granted in 2014 under PA 14/00236/B for the erection of nine livestock shelters in Field Nos. 230578, 234455, 234267, 234456 and 234252. These shelters have not yet been erected. The difference between this current planning application and the previous is the re-positioning of the two shelters in Field No. 230578. The positions of the other shelters approved under PA 14/00236/B are to be remain the same. - 3.3 Part of Fields 234267, 234456, 234555 & 230578, Parts Of Adjacent Gardens, School Grounds & Adjacent Highway, Main Road Playground, Part Public Car Park and Verge/hedge Of Slieau Curn Park was subject to a planning application for Residential development of 95 dwellings with highway and drainage infrastructure, new school field and playground, public open space and landscaping which was refused under PA 12/00573/B.

- 4.0 PLANNING POLICY

4.1 The application site is zoned as part Predominantly Residential and part Open Space (Agriculture) under the Kirk Michael Local Plan 1994. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

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:

f) building and engineering operations which are essential for the conduct of agriculture or forestry

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 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 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 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 is it 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."

- 5.0 REPRESENTATIONS

5.1 Michael Parish Commissioners have no objection to the current planning application (09/12/2014). - 6.0 CONSULTATIONS

6.1 Under PA 14/00236/B the Agricultural Advisor from the Department of Environment, Food & Agriculture (DEFA) was contacted for their views and comments on the justification for the new buildings. Given what is proposed under this scheme, it was felt that the Agricultural Advisors' views and comments from PA 14/00236/B would be applicable to this proposal and have been outlined below within the assessment part of this report. - 7.0 ASSESSMENT

- 7.1 GENERAL POLICY 3 AND ENVIRONMENT POLICY 15

• 7.1.1 Although part of the site is zoned as Predominantly Residential, there are no residential units within the curtilage of the application site. The application site is characterised by open fields that are used for grazing. When a site visit was carried out there were goats in Field 234455.
• 7.1.2 When determining any agricultural development within the countryside that is not zoned for development General Policy 3 paragraph F of the Isle of Man Strategic Plan 2007 is used to assess the application. 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. Further to this policy, the first paragraph of Environment Policy 15 requires first the Planning Authority needs to be satisfied that there is agricultural or horticultural need for the new livestock shelters, sufficient to outweigh the general policy against development in the countryside.
• 7.1.3 To find whether the proposed new livestock shelters would have a sufficient justification to comply with General Policy 3 and the first aspect of Environment Policy 15, the Planning Authority contacted the Agricultural Advisor from DEFA under PA 14/00236/B for their comments.
• 7.1.4 The Agricultural Advisor stated that the applicant has suggested that they are farming 40 acres, all of which is utilised for the production of grass only. The applicant has informed the Agricultural Advisor that they currently have 68 breeding does, 95 young goats and 4 bucks. The intention is to farm 100 breeding does and to rear approximately 150 young goats through to slaughter.
• 7.1.5 However, since the assessment was carried out under PA 14/00236/B the livestock numbers have increased dramatically since the first import of just 13 goats in October 2012. The herd currently stands at 172 goats (almost 100 of these have been born on the farm) and the herd will increase again during the third kidding which will start over New Year when the applicants will kid nearly 70 females, many of which will have twins.

• 7.1.6 The Advisor also acknowledged the other buildings on site along with their uses and sizes. The existing building, 209m2, which is located in Field 234266 is utilised for the housing of feeds and some goat housing. The housing needs for the 100 does plus young stock livestock, including bedding and winter hay fodder is approximately 601m2. The proposed shelters would provide a further 415.45m2, a difference of 30m2. Notwithstanding this assessment, no provision of the new building was taken account off. However, the building that was approved at High Tilt under PA 14/01230/B is for entirely different uses and provisions to the nine shelters proposed and as a result has no influence in determining this current planning application.
• 7.1.7 The field shelters are essential for the goats due to the goats having no lanolin and minimal body fat to protect themselves from the variable weather conditions, especially rain and cold winds. The shelters have been spread out across the fields as goats are highly prone to bullying and as a result the applicant has suggested an increased area than that of sheep is required to limit the bullying problem. The advisor concluded that subject to the ventilation being adequate for the housing of the livestock, the proposed shelters are agriculturally justified. Further consultations with the Agricultural Advisor indicated that the proposed shelters in this case probably would be adequately ventilated.
• 7.1.8 With the agricultural justification being accepted it is necessary to consider the site specific impacts of the proposed development. In this regard it is necessary to take account of the provisions of Environment Policy 15. This policy states that 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 of. In this respect the proposed the new shelters would not be sited near existing building groups albeit those proposed in Field 234455 and 234456. However, the shelters proposed in Field 230578 would be positioned near the southern boundary of the field which is made up of a sod bank hedge and other natural vegetation. The shelters proposed for Field 234252 and 234267 would be screened by natural areas of vegetation and shrubbery. As such, the siting of the proposed shelters is deemed acceptable and are not considered to cause harm to the visual amenity of the locality.
• 7.1.9 The proposed livestock shelters would be finished in materials that are considered to be acceptable which would blend in with the surrounding area. As such the proposal is considered to be acceptable and comply with the provisions set out in Environment Policy 15.

- 7.2 ENVIRONMENT POLICY 1

• 7.2.1 The application site is located within an area in the countryside in an area not designated for any site specific development. It is therefore imperative that the proposed development does not harm the character and quality of the countryside.
• 7.2.2 As the proposed new shelters would only partially be visible from Mull View, rear of the Mitre and Kirk Michael School and the dwellings sited south of the school on the eastern side of the main road, what would be visible is not judged to harm the visual amenity of the area. The shelters that are proposed would reflect their purpose and are therefore not considered to appear out of keeping within the setting of the application site or wider surrounding area.
• 7.2.3 The proposed livestock shelters would be erected on land that is classed as Agriculture Class 3/4 and therefore there would not be a loss of high class agricultural land as a result of the proposed development.

7.3 Under PA 14/00236/B the Environmental Health Officer was contacted to discuss the proximity of the proposed shelter in Field 230578 upon the residential amenity of Slieau Dhoo.

However, these shelters have now been moved a significant distance from the boundary of Slieau Dhoo. However, the Environmental Health Officer stated that he was not aware of any genuine environmental health concerns that should be raised and made reference to the grazing of animals in this location already.

- 8.0 RECOMMENDATION

8.1 Overall it is considered that the planning application is acceptable and is concluded to accord with General Policy 3, Environment Policy 1 and 15 of the Isle of Man Strategic Plan 2007 and as such it is recommended that the planning application be permitted. - 9.0 PARTY STATUS

9.1 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: Permitted

Date of Recommendation:

09.12.2014

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

• 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 nine livestock shelters hereby approved must be a dark green/olive green colour and be retained thereafter. Reason: To minimise the visual impact of the development.

• C 3. The nine livestock shelters hereby approved must only be used for agricultural purposes. If they are no longer used or required for these purposes, they must be removed from the site to the satisfaction of the planning authority.

Reason: The site is not designated for development and exception is made relating to the agricultural justification of the proposal. If no such need is apparent, there is no justification for the structures and they should be removed.

This approval relates to DRAWING No CL - 01 and CL - 02 both date stamped as received on 5th November 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 : 10/12/14 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed : Sarah Corlett Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management