Officer Report

Application No.: 15/00163/B Applicant: Mr Neil Foster & Miss Karen Yates Proposal: Erection of an animal shelter with food/bedding, vehicle and equipment store Site Address: Part Field 110275 Ballamoar Farmhouse Cranstal Bride Isle Of Man IM7 4BP Case Officer : Mr Edmond Riley Site Visit: 13.11.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is an irregularly shaped parcel of land that includes part of Field 110275 as well as the residential dwelling known as Ballamooar Farmhouse, accessed off the Point of Ayre Road to the south. - 1.2 There is a small-scale and very farming enterprise operating from the wider landholding, with animals including 20 sheep, 19 geese, 50 ducks, 150 hens and 1 donkey on the site, as well as 6 beehives and 11 cats, 9 of which live outdoors. There are two other structures on the wider landholding - a metal storage container and a polytunnel; the latter of these has planning approval, the former does not. - 1.3 The landscape in the area is fairly flat as might be expected for this part of the Island but, although Ballmooar Farmhouse is quite apparent from the Point of Ayre Road, when on the site views beyond are really quite limited as even a slight change in topography results in the land beyond being somewhat obscured. The countryside of the area is characterised by a sense of openness coupled with the existence of isolated dwellings and associated buildings.

2.0 PROPOSAL - 2.1 Full planning approval is sought for the erection of a stable block and attached opensided equipment store within Field 110275. This is designed to provide somewhere to store feed and machinery related to the farm as well as provide winter shelter for the animals on the farm in addition to lambing purposes. - 2.2 The proposed building measures 20m by 6m, in addition to the open-side store (an extra 5m in length) and a roof overhang in front of the building (an extra 1.8m in width). The building would be set quite significantly into an existing slope, with up to 1.7m set beneath ground level in some places: the building's eaves are 2.4 above finished floor level and the roof pitch 4.5m. The walls would be painted blockwork, while the doors would be timber and he roof fibre cement cladding sheets.

2.3 The application has been substantiated by a Planning Statement, which includes a statement from the applicant outlining the history of the farmholding, commencing in 2003, and its evolution to the present day. The applicant states that the agricultural enterprise is something of a smallholding, and has involved the creation of a 50 tree orchard, the erection of a polytunnel and the steady accumulation of the animals as outlined above. The statement provides 6 separate reasons for the need for the building, summarised below:

• 1) Ability to bulk-buy animal feeds and store them in a rodent-free environment;
• 2) Livestock protection;
• 3) Suitable lambing environment, allowing the increase of the existing stock;
• 4) Maintain number of pullet chickens and rear chicks in a same, warm, rodent-free environment;
• 5) Potential to enter the Christmas turkey market, requiring incubation of turkey eggs, and
• 6) Secure space for the possible purchase of another one or two donkeys to give the current single donkey company.

3.0 PLANNING HISTORY - 3.1 Although the site has been the subject of a number of applications, it is considered that the only one of material relevance is the approval granted to the polytunnel (PA 05/92387/B). - 3.2 The approval granted to PA 00/00618/B seeking the conversion of outbuildings to a dwelling resulted in the creation of the dwelling known as Swallows Landing, adjacent the site. This was the subject of an application seeking extension in 2014 (14/00403/B), which was refused.

4.0 PLANNING STATUS - 4.1 The application site is within an area recognised as being an area of 'High Landscape or Coastal Value and Scenic Significance' under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. - 4.2 Due to the zoning of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:

General Policy 3 states in part: "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: "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."
• Environment Policy 2: "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:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

Environment Policy 15: "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."

5.0 REPRESENTATIONS - 5.1 Bride Commissioners offered no objection to the proposal on 02.03.2015.

6.0 ASSESSMENT - 6.1 In the first instance, it must be determined whether or not the proposal represents an essential agricultural need; if so, the second key assessment point is whether or not the siting and design of the building is acceptable from a landscape impact point of view. - 6.2 The statement outlined by the applicant is clear that there is a good case for a new building in this location. The smallholding at present has no storage or animal protection except for the storage container, which has no planning approval - and the site visit at the pre-application stage confirmed a number of animals on the land associated with the farmhouse. - 6.3 In view of the general push towards enabling the growth of agricultural enterprises in an appropriate manner, it is considered that a sufficient case has been made for the need for a new building in this location. The kinds of animals kept, or intended to be kept, by the applicant do benefit from shelter and the landholding is large enough to have a need for a tractor and related equipment. It is therefore considered that sufficient evidence has been provided to indicate that there is an essential need for this building in order to facilitate the consolidation and expansion of this emerging enterprise. - 6.4 In terms of the details of the proposal, the building is not especially large by agricultural standards. It would be constructed of materials appropriate to an agricultural building, and would not be unduly prominent as a result - although a condition in respect of the colour of the walls might be appropriate to control this prominence. Moreover, it would be set well into an existing slope such as to reduce this prominence even further, while the

• area of hardstanding around it would not be unduly large or, in all probability, visible at all from further afield. The building would be largely screened from public view by the farmhouse itself and also the slight variation in topography here.
• 6.5 It would be quite close to a pair of residential dwellings; one of these is the applicant's home, the other the aforementioned Swallows Landing. No objection has been received to the proposal from the owner / occupier of this dwelling. The new building would sit 16m at its nearest point from Swallows Landing, albeit that this would be at an oblique angle and with the openings to the building set away from that dwelling. The significant set-down of the building into the hill would ensure a limited impact in visual terms.
• 6.6 There probably would be an increase in farm-related odour from the building, but this has to be balanced against the fact that the building would be, in landscape terms, sited in probably the best location available to the applicant. It is also noted that the existing field is in active agricultural use such that there is already some element of disturbance arising from the land's use here. On this basis, it is not considered that the impacts arising from the new building would be so significant as to warrant an objection on this basis alone. It is in particular noted that no objection has been received from the neighbouring dwelling, although this is of course not the sole reason on which to conclude favourably on the application.

7.0 RECOMMENDATION - 7.1 It is considered that sufficient evidence has been provided to indicate that there is an essential need for the proposed building (as required by General Policy 3), and that the proposal would be satisfactory from the point of view of its impact on the visual amenity of the area (as required by Environment Policy 2) and the residential amenity of neighbouring dwellings (as required by Environment Policy 15). - 7.2 However, it is also recommended that the blockwork walls should be restricted by condition, and also a condition requiring that within 28 days of the substantial completion of the building proposed the storage container within the land edged blue must be removed is considered appropriate.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

08.05.2015

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 external walls of the building hereby approved shall, within 28 days of the substantial completion of the building, be painted dark green unless otherwise approved in advance by the Department. Reason: In the interest of protecting the visual amenity of the area.
• C 3. The storage container annotated on approved plan 02 Rev A as "Denotes outline of existing shipping container to be removed" shall be removed within 28 days of the substantial completion of the building hereby approved.

Reason: The storage container is in place without planning approval and its removal would be in the interest of protecting the visual amenity of the area.

• C 4. The agricultural building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.

Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

The development hereby approved relates to the following plans, all date-stamped as having been received 16th February 2015: 01, 02 Rev 02, 03 Rev A, 04 Rev A and TS 01 Revision A.

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 : 12.05.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management