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23/00718/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00718/B Applicant : Mrs Anne Thomson Proposal : Erection of agricultural barn building Site Address : Field 434509 Swallows Rest Bayrauyr Road St Marks Isle Of Man IM9 3AT IM9 3AT
Planning Officer: Peiran Shen Photo Taken : 13.07.2023 Site Visit : 13.07.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 29.04.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The application fails to provide information demonstrating sufficient agriculture activity has been taking place or is going to take place on the site to justify the need for a new agricultural building, failing to comply with Spatial Policy 5 and Environment Policy 3(f) of the Strategic Plan.
R 2. The proposed building is away from the existing building group, namely Swallows Rest. It is also close to the highway but the reasons provided for the proposed location are not sufficient to outweigh the visual impact of a new building to the open countryside, failing Environment Policy 15 of the Strategic Plan. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS SUMBITTED TO THE PLANNINGG COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT. 1.0 THE SITE
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1.1 The application site, Field 434509, is part of lands relating to Swallows Rest, Bayrauyr Road, St Marks. Swallows Rest and its related land sit on the north of Bayrauyr Road. The land consists of a dwelling with many outbuildings and grassland (with two ponds) to the north and east of the group of buildings. The fields' numbers are (west to east, south to north): 43117, 43118, 430725, 434509, 434510, 430685, 434511, and 434512. The red line boundary is only around field 434509.
1.2 The existing building group are at the southwest of the lands. The application site is to the middle and east of the lands. The south side of the site is demarcated from the road by a sod bank as well as Field 431178, a quasi-triangle-shaped field abuts the south of the application site, which has a field access on Bayrauyr Road. This access can also be used to gain access to the application field.
1.3 Within the application site, there is a field shelter at the south of the border and just north of Field 431178. It is moderate in size and shielded from public view.
2.0 THE PROPOSAL 2.1 The proposal is to erect an agricultural building with a hard surface in front of the building.
2.2 The proposed building sits at the site's southwest corner. It is approx. 7m north of the road and 4.3m north of the sod bank. It faces north and orients with its long axis east-west. It is approx. 25m long, 9m wide and 4.6m tall and is approx. 3.9m high between the ground level and the eaves. It has green steel sheeting cladding on the elevations and the roof. There are three shutters and two entrance doors on the north (front) elevation. There is no fenestration on other elevations.
2.3 The proposal also includes a hard surface on the north of the building. It is approx. 25m long and 5.3m wide.
2.4 The proposal also includes planting trees at the south of the building and just between the north of the existing sod bank and the proposed building.
3.0 PLANNING HISTORY 3.1 Alterations to field shelter (retrospective) and an extension to field shelter to create feed store was APPROVED under PA 23/00712/B. This field shelter is the one mentioned in paragraph 1.3.
4.0 PLANNING POLICY Site Specific 4.1 The site is not within an area designated for any development in the 1982 Development Plan, meaning it is considered part of the countryside (definition in 4.7).
4.2 The site is within an area of Class 3 Soil in the Agricultural Land Use Capability Map.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 (IOMSP) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Spatial Policy 5 o General Policy 2 (b) (c) (g) (h) (i) o General Policy 3 (f) o Environment Policy 1 o Environment Policy 14-15
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4.4 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, approval should usually not be granted where a planning application conflicts with the Plan.
4.5 Spatial Policy 5 states that developments should only occur in defined settlements unless they comply with exceptions in General Policy 3.
4.6 General Policy 3 sets out exceptions that may be acceptable for developments outside of areas designated for development. Subsection (f) sets out one of these exceptions as "buildings and engineering operations which are essential for the conduct of agriculture or forestry". The key word here is "essential". In decision-making, this means that just because a building is for agriculture or forestry purposes does not mean an automatic approval.
4.7 Environment Policy 1 echoes Spatial Policy 5 and General Policy 3. It defines the countryside as areas outside existing settlements or not designated for development (as mentioned in 4.1). It shows that development adversely affecting the countryside will almost always not be permitted. It also states that the countryside is protected "for its own sake". In decision-making, this means there is an assumption against development in the countryside.
4.8 Environment Policy 14 states that agricultural development should not result in the permanent loss of important and versatile agricultural land (Class 1 and 2 Soil in the Agricultural Land Use Capability Map).
4.9 Environment Policy 15 provides details on General Policy 3 (f). This policy states that the Department should be satisfied that a new building is needed for agricultural or horticultural purposes. In decision-making, this means the assessment for the purpose of the building is required. It also shows that the need for such a new building should outweigh the general assumption against development in the countryside. In decision-making, this means that for such buildings to be approved, they should be justified in their use and minimise their adverse impacts.
4.10 Environment Policy 15 then sets out requirements for the design of such buildings. Such new buildings should: o generally be close to existing buildings because usually, proximity to existing buildings is the best siting for farming practises; o not to be in isolation or close to a public highway, unless with exceptional circumstances; o be sympathetic to its surroundings from its scale, materials, colour, siting and form; o if being in isolation or close to a public highway, submit to landscaping in addition to being sympathetic to the design elements mentioned above; o if being close to existing residential properties, minimise unacceptable adverse impact on residential amenities.
4.11 General Policy 2 (b) (c) and (g) set out design requirements for development, of which they should respect the character of the site itself and its immediate and not-so-immediate surroundings.
4.12 General Policy 2 (g) and (h) set out that amenities enjoyed by the site and the site around it should be protected or preserved.
4.13 General Policy 2 (h) and (i) also sets out that the proposal should satisfy the safety, efficiency and accessibility requirements, including parking provision, of all highway users whenever possible.
PPS and NPD
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4.14 No planning policy statement or national policy directive is considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 Town and Country Planning Act 1999 defines agriculture in section 45. Agriculture includes "horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes."
Strategy and Guidance 5.2 Agricultural Soils of the Isle of Man (2001) is the study that classifies areas of the Island by agricultural requirements. It contains the Agricultural Land Use Capability Map.
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. 6.1 Malew Parish Commissioners object to this application (29.06.2023). The comment states there is no agricultural justification for a barn at this location.
6.2 DoI Highway Services states that this application has no highway interest (26.06.2023).
6.3 No neighbouring properties were notified by letter. No comments have been received.
7.0 ASSESSMENT Principle of the Proposal 7.1 The critical consideration of this application is the principle of the application. As mentioned in 4.4-4.8, and according to Environment Policy 15 of the IOMSP, the test here is whether the Department is satisfied that there is an agricultural need and the proposal is necessary for such an agricultural need. This test includes two elements: o the land has or is going to have actual sufficient agricultural activities on the land (including the red line boundary and the blue line boundary), and o if so, the proposed building is sited in a necessary location that justified by such agricultural activities validated above.
Agricultural Activates 7.2 This application submits three documents that include or reflect the reason for the proposal: agent's supporting statement, agricultural need form and list of items the new building should store. o The supporting statement explains the reason for the new building is to store "plant and machinery to properly maintain the land", which includes 16 acres of "grazing land" (21 acres of land in total), two "trout pounds" and mature woodlands. o The agricultural need form states that the agricultural holding involves 8.9 hectares (approx. 21 acres), and the applicant intends to keep four or more horses after the application. o The item list includes an excavator (and its accessories), trailers, a tractor (and its accessories), a quad bike and an all-terrain vehicle.
7.3 The key document is the agricultural need form. The answer to Question 2 shows that there are no horticulture or husbandry activities taking place or are to take place on the land. The answer to Question 3 of the form and the agent's statement state the need to maintain the "grazing land" but do not give more details about the reason for such maintenance.
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7.4 In the meantime, as mentioned in 5.1, the Act states that using land for grazing is agriculture. However, the use of grazing land, by its name, is for grazing. While the agent's statement and the agricultural need form refer to lands as "grazing land", there is no submitted evidence that can demonstrate grazing activities currently or are going to occur on the land. Based on this information, it is intuitive to argue that this land has no agricultural activity.
Conclusion 7.5 While the supporting statement mentioned two trout pounds and mature woodland (both are outside the red line boundary but still within the blue boundary), there is no evidence submitted as to what agricultural activities currently or are going to take place for the pounds or trees. In conclusion, there are no agricultural activities on the land at the moment, nor will there be sufficient agricultural activities on the land, so there is no need for a new agricultural building on the site. Therefore, the proposal fails to comply with General Policy 3 and Environment Policy 15 of the IOMSP. No further assessment is required at this point.
7.6 Despite already failing the principal test, there are sufficient materials to assess the other impacts of the building.
Location and Siting 7.7 Continuing with the second half of the principle test, the building is located away from the existing building cluster, namely the Swallows Rest house, and next to Bayrauyr Road, a public highway. Although the proposal is close to the existing field shelter, a single building should not be interpreted as an existing building cluster. Therefore, the siting of the building is also considered to be in isolation.
7.8 According to Environment Policy 15 of the IOMSP, such siting should only be allowed in exceptional circumstances. Given that the application fails to prove an actual agricultural need for the building in the first place, there also can't be exceptional circumstances for the proposed siting. Since there are no exceptional circumstances, the effect of the proposed landscaping measures also does not need to be assessed in the application. Because of these reasons, the proposal fails to comply with General Policy 3 and Environment Policy 15 of the IOMSP.
Elements of Assessments 7.9 The primary considerations, besides the principle, are the impact of the proposal on: o character and streetscene of the area o amenities of the neighbouring properties o traffic and highway safety
The character of the Streetscene and the Area 7.10 Policies within IOMSP set a requirement for development to respect and not harm the design of the site and the area in which it is located. In particular, General Policy 2 (b) (c) (g) and Environment Policy 15 require design to take into account the particular character and identity of the rural environment in terms of buildings and landscape features of the immediate locality. According to Environment Policy 15, the assessment should scrutinise design elements in addition to siting, such as scale, material, colour and form.
7.11 The proposed is in the form of a typical barn building. The size of the building matches the dimensions of the items on the list. The use of steel sheeting is typical for a modern barn building. The sheeting is green, which would help the building blend into the grassland background. Therefore, these design elements are acceptable. However, it is worth repeating that the siting is not considered acceptable in 7.8, so the hard surface's visual impact would not need assessment either.
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7.12 For these reasons, it is considered that the impact of the development on its surrounding rural and built environment in visual character terms is not acceptable and fails to comply with General Policy 2 (b), (c), (g) and Environmental Policy 15 of the IOMSP.
Neighbouring Amenities 7.13 No residential property is close enough to the proposed building for the building to impact living amenities adversely. Therefore, the proposal would comply with General Policy (g) and Environment Policy 15 of the IOMSP.
Highway Safety 7.14 As Highway Services does not oppose this application, it is considered that the proposal would have a neutral impact on road safety or traffic flows on the local highways. Therefore, its highway impact is considered acceptable.
Planning Balance Assessment 7.15 The proposal as a whole can be summarised, based on the assessment above, as follows: o lack of agricultural justification o lack of siting justification o design fit for purpose (besides siting) o there is no impact on neighbouring residences or highway safety
7.16 As mentioned in 7.5, the lack of agricultural justification already vetoed the proposal. Even if the need for agricultural justification is set aside, there is still no sufficient reasoning for its siting. For these reasons, the proposal is considered to harm the character of the countryside. This adverse impact is unacceptable and fails Spatial Policy 4, General Policy 2, General Policy 3, Environmental Policy 1 and Environment Policy 15 of the Strategic Plan. The application, therefore, should be recommended for a refusal.
8.0 CONCLUSION 8.1 The application fail to provide information demonstrating sufficient agriculture activity has been taking place or is going to take place on the site to justify the need for a new agricultural building, failing to comply with Spatial Policy 5 and Environment Policy 3(f) of the Strategic Plan. The proposed building is also away from the existing building group, namely Swallows Rest, and close to the highway, but the reasons provided are not sufficient to overweigh the visual impact of a new building to the open countryside, failing Environment Policy 15 of the Strategic Plan. The Therefore, the application is recommended for a refusal.
9.0 INTEREST PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine:
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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused
Committee Meeting Date: 07.05.2024
Signed : P SHEN Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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