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Kinrade Associates Limited 3 The Courtyard Water Street Ramsey
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr & Mrs Jimmy Allison, Ref 13/00913/B, for the erection of an agricultural storage building and formation of hard-standing area at Part Of Field 624105 Rhowin Road Maughold Isle Of Man subject to compliance with the following condition(s):
Date of Issue: 2nd December 2013
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/.
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either:
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00913/B
| Application No. : | 13 / 00913 / B | | :-- | :-- | | Applicant : | Mr & Mrs Jimmy Allison | | Proposal : | Erection of an agricultural storage building and formation of | | | hard-standing area | | Site Address : | Part Of Field 624105 | | | Rhowin Road | | | Maughold | | | Isle Of Man |
Case Officer : Mr Edmond Riley Photo Taken : Site Visit : Expected Decision Level : 11.09.2013
Officer Delegation
1.1 The application site is part of Field 624105, off Rhowin Road, Hibernia, Maughold. This part of the Island is characterised by open fields and small copses surrounded by hilly areas of varying gradations. The land in immediate area was previously linked to Ballagilley Farm. 1.2 While the views from the application site are quite expansive, with the northeast coast of the Island readily visible, viewing the site from publicly accessible areas is almost impossible given its secluded and relatively low-lying nature, but also the mature conifers immediately adjacent the proposed works. No buildings are in the area.
2.1 Approval is sought for a new, standalone agricultural building for the purpose of housing 50 head of sheep, along with hay, a tractor and baling equipment. The applicant advises that it would also be used for lambing purposes during the spring. 2.2 The building, measured externally, would have dimensions of 18.5 by 9.3 m ; it would be 4.5 m in height to the eaves and 5.9 m in height to the roof apex. The first 1.3 m of the walls would be concrete blockwork, with the remainder of the walls and roof to be olive green coated plastic sheeting. Eight rooflights are proposed for the roof. Two doors are proposed in one gable end; no information regarding materials have been provided. It would be located on a concrete base, with an area in front of the proposed doors to be graded flat for access purposes.
3.1 The application site has not been the subject of any previous planning applications that are considered to be of material relevance in the assessment of the current application.
4.1 The site is designated as countryside by the Isle of Man Development Scheme (Development Plan) Order 1982, and also as being within an Area of High Landscape or Coastal Value and Scenic Significance. 4.2 The relevant extracts of General Policy 3 reads: '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'. 4.3 Environment Policy 1 reads in full: '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'. 4.4 Environment Policy 8 reads in full: 'Agricultural buildings will not be permitted on sites where their existence and associated discharges would result in a breach of the "Code of Good Agricultural Practice for the Protection of Water". 4.5 Environment Policy 15 reads in part: '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...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...'
5.1 The Highways Division has no objection to the planning application. 5.2 Maughold Parish Commissioners have no objection to the planning application. 5.3 The Department of the Environment, Food and Agriculture's Agricultural Advisor considers there to be merit in having a building on the site for the purposes of housing stock and also storage of winter bedding/feed, and also notes that the size of the building proposed (at 167 sqm ) and that required (at 163 sqm ) are roughly in balance. He further advises that the building, if approved, should be fitted with the appropriate ventilated ridge to ensure animal welfare is not compromised.
6.1 Approval is sought for the erection of an agricultural building. An assessment of the principle of the proposal (i.e. the extent to which the building agriculturally justified) is made in the first instance, following which the other issues considered are: (a) the extent to which the siting, scale, colour, form and materials are appropriate, and (b) the level of impact upon
the countryside in terms of character and appearance that might arise from the grant of approval.
The Principle 6.2 Concerns were raised with the agent regarding the lack of evidence provided to justify the need to the proposal. A meeting with the applicants was arranged, during which the specifics of the need for the building was set out. 6.3 The applicants, Mr & Mrs Allison, are not farmers by trade, and wish to set up a smallholding as less from a business point of view and more as a hobby. As such, they have no other base wherein they can keep agricultural equipment. Over 100 head of sheep have grazed the land owned by Mr & Mrs Allison, which extends to roughly 34 acres, while currently around 50 head of sheep are there although it would appear that these are not in the ownership of the applicants. Ballagilley Farm, just to the south, has recently been sold off piecemeal; the 34 acres that represents Mr & Mrs Allison's total landholding was the largest piece available for sale. Ballagilley Farm is now in private residential ownership and the buildings that were previously related to farming activities are now no longer available for such a use. This explains the lack of farm buildings in the area, but also the need for one should the land be used for farming once more. 6.4 Other issues in terms of specifics about the building were discussed, and these shall be mentioned later in the Report. 6.5 The Department of the Environment, Food and Agriculture's Agricultural Advisor was consulted on the proposal following the meeting with Mr & Mrs Allison, and he advised that there is merit in the proposal for the reasons set out in the Representations section of this Report, above. It is worth noting that Mr Kneale's calculations of the amount of space required in terms of building size did not take account of the applicants' intention to store farm machinery in the building at the same time as keeping livestock in there, with the result that the proposed barn may, in fact, not be of sufficient size for the purpose for which it is sought. 6.6 On this basis, it would appear that a genuine agricultural need for a new storage building has been demonstrated, and that the proposed building in terms of its size is appropriate, albeit possibly slightly too small. The applicants advised during their meeting with the officer that the building was the smallest they could find, with the intention of minimising the developmental impact on the countryside. As such, no objection is raised in respect of the principle of an agricultural building in connection with the enterprise proposed in the landholding in ownership of the applicant, as the application has demonstrated that there is compliance with General Policy 3(f) of the Strategic Plan.
The specifics 6.7 The size of the building proposed is considered sufficient for the end-use proposed; this conclusion relies heavily on the opinion of the Agricultural Advisor in this regard, and the evidence indicates that the building will, in fact, not quite meet the overall needs for the farmholding as it currently stands. There is, however, limited concern that a further agricultural building may at some point be required to meet this shortfall given the minimal size of the shortfall (4sqm). 6.8 Environment Policy 15 is clear that 'Only in exceptional circumstances will buildings be permitted in exposed or isolated areas...and in all such cases will be subject to appropriate landscaping'. It is a matter of fact that the building is proposed for an isolated location, but equally it is considered that a case for the "exceptional circumstances" has been made given the particular situation of this landholding. The situation was outlined in paragraph 6.3 of this
Report, above. Essentially, following the splitting up of Ballagilley Farm, no agricultural buildings remain that can serve the land previously attached to the farm - the buildings either have been (or are being) converted to residential use, or are to be demolished. As such, it is perhaps inevitable that any new agricultural building related to a new farming enterprise in the area will be, by definition, isolated. It is not, by contrast, in an exposed area; the site is to all intents and purposes not visible from the public realm (whether highway or footpath). As such, the "exceptional circumstances" of Environment Policy 15 are considered met. 6.9 Another element of Environment Policy 15 is that, where buildings are proposed for isolated locations, they must '...be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended...'. Taking the first point, a post and wire fence inside a sod boundary hedge are shown. The hedge is roughly 1.3 m in height. The proposed building, given the slope on which it is proposed to sit, will sit quite low following the levelling of the land, while to the southwest significant evergreen trees screen the site. Moreover, the land levels involved are such that the visibility of the proposed building even from within the applicant's landholding is limited. On this basis, while the amount of screening proposed is perhaps less significant than might normally be expected, the relative inaccessibility and invisibility of the proposed building owing to its topographic location and situation adjacent some mature trees is such as to make the siting and amount of landscaping proposed acceptable in the context of the countryside in which the building would sit, and also against the provisions of Environment Policy 15. 6.10 In terms of the scale, colour, form and materials of the proposed building, no objection is raised. It is accepted that the building is of a relatively uninspiring design but, in the context of agricultural buildings, it is very much "of its type". The proposed olive green would provide a level of camouflage amongst the countryside in which the building is proposed to sit, while the scale is considered acceptable for much the same reasons as that the siting was considered appropriate. This finding is further substantiated by the fact that the size of the building reflects almost perfectly the agricultural requirements of the landholding. 6.11 It is important to note that the Agricultural Advisor has made plain his concerns about the need for suitable livestock ventilation on the proposed building. While the notes on the plan do indicate that such ventilation would be provided (along with rooflights), the elevations do not categorically show the angled ridge mentioned in the notes. As such, then, if approval were to be forthcoming, it is recommended that a Condition requiring the building be installed with appropriate livestock ventilation is applied to the approval notice.
7.1 The policies of the Strategic Plan are clear that development should not take place in the countryside unless there is a clear justification for that development. As such, a balanced assessment is very important. Given that the proposed building is considered to be agriculturally justified, and appropriate in terms of the proposed design and siting, and, also given the particular situation surrounding the various landholdings related to Ballagilley Farm, a recommendation for approval subject to Conditions is made.
8.1 It is considered that the Department of Environment, Food and Agriculture meets the criteria of Town and Country Planning (Development Procedure) Order 2005, Article 6 (4) and, as such, should be afforded interested person status. 8.2 The Local Authority, Maughold Parish Commissioners, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, Article 6 (5) (d), considered an "interested person" and as such should be afforded interested person status.
Recommended Decision: Permitted
Date of 28.11.2013
Recommendation:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The development hereby permitted shall not be carried out except in full accordance with the following plan, date-stamped 31st July 2013: SM13/315/1.
C 3. Notwithstanding condition 2 to this planning approval, the building hereby approved should have provided to it one or more open, protected ridges sufficient to provide ventilation to the livestock within the building. This required change is not considered to be development or require a further planning application as it does not materially affect the external appearance of the building.
C 4. The building must be used only for agricultural purposes.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : \qquad Determining officer (delete as appropriate) Signed : \qquad Signed : \qquad
| Senior Planning Officer | Senior Planning Officer | | --- | --- | | Signed : | Signed : | | Michael Gallagher | Jennifer Chance | | Director of Planning and Building Control | Development Control Manager |
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