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15/00360/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00360/B Applicant : Ballacosnahan Farm Limited Proposal : Erection of an agricultural building Site Address : Ballacosnahan Farm Patrick Road Patrick Village Isle Of Man IM5 3AW
Case Officer : Miss Melissa McKnight Photo Taken : 15.04.2015 Site Visit : 15.04.2015 Expected Decision Level : Planning Committee
Officer’s Report
THIS PLANNING APPLICATION IS REFERRED TO PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT.
1.0 THE APPLICATION SITE
1.1 The application site is the curtilage of Ballacosnahan Farm, an established farm holding located to the south of the A30 Patrick Road.
1.2 Ballcosnahan Farm is occupied by a number of agricultural outbuildings, a dwelling and an existing derelict farmhouse. The site is accessed via a long lane that also serves a property called The Vicarage which is located over 250 metres north west of the application site.
2.0 THE PROPOSAL
2.1 This current planning application seeks approval for the demolition of the existing farmhouse and erection of a new agricultural building to provide a lambing shed.
2.2 The new building would have a length of just less than 30.5 metres, width of just less than 12.1 metres and ridge height of just less than 5.9 metres.
2.3 The building would have a masonry wall base with timber Yorkshire boarding above. The roof would be constructed with fibre cement sheeting.
2.4 The proposal would result in the loss of one tree.
3.0 PLANNING HISTORY
3.1 Ballacosnahan Farm has been the subject of a number of previous planning applications which have been listed below: PA 09/00261/B: Relocation of existing agricultural building, construction of access road and removal and planting of replacement trees. This previous planning application was granted planning permission subject to the following conditions:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
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C 2. This approval relates to the relocation of an existing agricultural building, construction of an access road and removal and planting of replacement trees, Ballacosnahan Farm, Patrick Road, Patrick as shown by the plans 1234-01 and 1234-02 received 18th February 2009.
C 3. For the avoidance of doubt, this permission is for the relocation of the agricultural building and not for the erection of a new or additional building. Following its relocation the former site shall be landscaped in accordance with a scheme to be first submitted to and approved in writing by the Planning Authority.
C 4. All planting, seeding or turfing comprised in the submitted details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
C 5. The relocated building may be used only for agricultural purposes.
PA 87/01458/B: Construction of a conservatory.
PA 86/00002/B: Extension to form additional living accommodation.
3.2 The site is also the subject of one current planning application, PA 15/00361/B, to erect a new agricultural workers dwelling to the north of the group of agricultural buildings.
4.0 PLANNING POLICY
4.1 The application site lies within an area zoned as part Area of High Landscape or Coastal Value and Scenic Significance and part Woodland under the Isle of Man 1982 Development Plan.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains seven policies that are considered materially relevant in the assessment of this current planning application:
Strategic Policy 1 states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services."
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: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
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e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
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 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 states: "The present system of landscape classification of Areas of High Landscape of 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 difference 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 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
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."
Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
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a) the existing building has lost its residential use by abandonment; or b) the existing dwelling is of architectural or historic interest and is capable of renovation.
In assessing whether a property has lost its habitable state by abandonment, regard will be had to the following criteria:
i) the structural condition of the building ii) the period of non-residential use or non-use in excess of ten years iii) evidence of intervening use and iv) evidence of intention or otherwise to abandon."
5.0 REPRESENTATIONS
5.1 Patrick Parish Commissioners have no objection to the current planning application (15/04/2015).
5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (22/04/2015).
5.3 The Department of Environment, Food & Agriculture (DEFA): Forestry, Amenity & Lands Directorate in an email dated 10th April 2015 raised concerns regarding the loss and lopping of trees.
5.4 DEFA: Forestry, Amenity & Lands Directorate in an email dated 30th April has recommended that a bat survey is undertaken.
6.0 CONSULTATIONS
6.1 In response to the concerns raised regarding the impact of the development upon the trees within the site and the loss of trees, a site visit between the applicant and DEFA was conducted. DEFA have confirmed in an email dated 11th June 2015 that no trees, apart from ones already with licenses, would be affected.
6.2 In light of the representation made by DEFA: Forestry, Amenity & Lands Directorate regarding known bats roosting in the locality; a bat survey was conducted by the Manx Wildlife Trust in July 2015 with primary regard to the demolition of Ballacosnahan Cottage. The survey concluded that the visual inspection showed no clear evidence of current bat activity within any of the buildings under survey, but did reveal a number of small void spaces that might be suitable as small roosts and indicated a very strong evidence of bats in this locality, but did not demonstrate the presence of a large roost within the old farmhouse itself. Based on the conclusions of the survey the Manx Wildlife Trust recommended mitigation procedures based on the proposed demolition of Ballacosnahan Cottage.
6.3 On receiving of the bat survey, DEFA: Forestry, Amenity & Lands Directorate have confirmed in an email dated 7th August 2015 that the survey looks fine and the recommendations have been accepted and state that measures should be put in place to prevent issues regarding active bird nests during works.
7.0 ASSESSMENT
7.1 There are a number of key issues to consider in the assessment of this current planning application that have been set out below:
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3) The loss of Ballacosnahan Cottage; 4) The impact of the development upon the character and appearance of the area.
7.2 PRINCIPLE AND JUSTIFICATION
7.2.1 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 that Planning & Building Control should be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.
7.2.2 The applicant's family has owned Ballacosnahan Farm for over 60 years with a tenant farmer. The supporting information states over the last 30 years the farm has deteriorated greatly and in 2012 a professional survey was conducted and showed that the farm was in a dire state. The applicant took over the farm in 2013 and there was not a single stock proof fence left, the outbuildings were in a dilapidated state, the farmhouse was beyond repair and the farm was covered in metal and rubbish. By 2013 the majority of fencing had been replaced and the farm had been cleared of metal and other rubbish, drainage ditches have been re-dug and are now in working order and vast areas of gorse have been cleared and the fields topped properly for a second time and already thistles etc. are dying back.
7.2.3 It is the applicants desire to get Ballacosnahan Farm back to being a viable profitable business within the next 4-5 years and eventually the applicant's decedents will take over. The applicant is already getting an increasing income from the sale of Loaghtan wool and meat and from selling excess grass off for hay, haylage and silage. The first batch of wool was spun 2 years ago and the applicant was surprised at the increasing demand for it. The first batch of 1500 balls have almost all sold and Ballacosnahan Farm got their second, much larger, batch in February 2015. Ballacosnahan Farm supply their wool to Manx National Heritage, Laxey Woollen Mills and via their website locally, to the UK, Australia, Scandinavia and roughly a quarter of the stock is sold in the USA where there appears to be a high demand for rare breed wool.
7.2.4 This application forms phase 4 of the revitalisation of Ballacosnahan Farm. The lambing shed would be erected in replace of Ballacosnahan Cottage. In times of dire need such as adverse weather, an existing barn has to be emptied of haylage and made into an emergency animal shelter/holding area which is not appropriate and as a result the additional space and suitable form of building is required.
7.2.5 A building is required that is substantial and satisfactory to provide accommodation for lambing, shearing, health purposes and general stock work for large numbers of sheep. The existing farm buildings are not of sufficient scale or condition to provide appropriate accommodation to meet current standards of animal welfare. Based on previous experience, and future flock growth projections the size of the lambing shed proposed will be required to provide for the regeneration and future viability of the farm. The current stock is 153 breeding ewes, 85 shearling ewes that will go to tup this October, 103 ewe lambs born this year and will also go to the tup October 2016, 13 Entire rams and 189 Wethers for slaughter. About 2-3 ewes that will be culled and 94 ram lambs born. It is envisaged to grow the flock to a figure of between 700-800.
7.2.6 The farm yard sits fairly central within the farm holding and is bounded on all four sides by built structures, barns and stone buildings. With entrances at each corner of the yard, it forms and ideal enclosure for the marshalling of livestock. The position of the building,
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opening up into Field 330246, also allows for the ease of sheep access directly in and out of the building into the field without conflicting with other uses within the farm. The existing stone buildings to the west and south of the yard are still structurally substantial and are used for storage. Ballacosnahan Cottage is dilapidated and ill positioned in relation to the efficient use of the yard and it is therefore logical that the new lambing shed is erected in replace of the existing farmhouse to allow more efficient use of the site as a working farm.
7.2.7 It is considered that based on the above information and the vision of Ballacosnahan Farm that the erection of the lambing shed in replace of the existing farmhouse is agriculturally justified.
7.3 APPROPRIATENESS OF THE BUILDING
7.3.1 The building would be single storey and of steel frame construction with corrugated roof sheeting, masonry walls to 2 metre high and timber Yorkshire boarding to eaves and barge heights. The building is of a typical agricultural building and its size and form would provide the sufficient space required for the livestock and adhere to the welfare of the livestock and is therefore considered appropriate for its need.
7.4 LOSS OF BALLACOSNAHAN COTTAGE
7.4.1 Turning to the loss of the Ballacosnahan Cottage, after a site visit the applicant explained that the existing farmhouse does not present itself as a habitable dwelling given the layout and run down state. It was last occupied in 2013. In 2014 Ballacosnahan Cottage was zero rated due to its derelict state. Previously, the farmhouse had a low valuation which would suggest that it had an agricultural valuation.
7.4.2 Alongside this application, is a planning application for the erection of a new agricultural workers dwelling which would be erected to replace the lost farmhouse. Nonetheless, that does form a separate planning application. The applicants live in Dalby and currently travel to the farm so it is their wish to have a dwelling on site. There is however another dwelling, Ballacosnahan, on site which is in the ownership of the applicant. This house is currently being renovated in preparation for sale. It has been suggested that the applicant resides in this home instead of proposing a new dwelling however for financial purposes, its sale is vital to the revitalisation of the farm.
7.4.3 In conclusion, the existing farmhouse has been condemned and is no longer rated and its existence in its present form and state is not considered to lend itself to a building where a home could be provided. In addition to this, it is sited in a position that could interrupt the flow of a future viable farm and therefore it is not considered that the loss of Ballacosnahan Cottage would not be detrimental to Ballacosnahan Farm.
7.5 THE IMPACT OF THE DEVELOPMENT UPON THE CHARACTER AND APPEARANCE OF THE AREA
7.5.1 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.
7.5.2 In addition to the above, in some cases new agricultural buildings can have an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is therefore important that new
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development should be compatible with the character of the surrounding area, and the need for new buildings in the countryside balanced against the harm that the development may have on the environment.
7.5.3 In this respect of the lambing shed proposed under this scheme would be sited next to three other farm buildings and would be appropriate in its form and reflect its purpose.
7.5.4 The site is not visible from Patrick Road or from any public thoroughfare given the siting of the site and significant screening within the site and as such the impact of the development on the character of the surrounding area and Manx countryside is considered to be suitably limited. Although there would be a loss of one tree as indicated on the submitted drawings, and other trees within the site which have not been shown, DEFA have confirmed that they are content with their loss. On assessment, proposal is considered to be acceptable and comply with the provisions set out in General Policy 3 and Environment Policy 15.
8.0 OTHER MATTERS
8.1 There were concerns raised from DEFA: Forestry, Amenity & Lands Directorate regarding the roosting of bats within the locality. This matter has been addressed under paragraph 6.0 of this report.
9.0 RECOMMENDATION
9.1 For the reasons set out above, it is concluded that the planning application accords with the provisions set out in General Policy 3, Environment Policy 1, 2, 3 and 15 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval.
10.0 PARTY STATUS
10.1 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 of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.
SUPPLEMENTARY REPORT
At Committee on 21 September, clarification on when the nesting season for birds and maternity period for bats was sought. This lead to the amendment to the condition to state 'Demolition or clearance works may only take place between the months of September to February'.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.09.2015
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Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions
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. Demolition or clearance works may only take place between the months of September to February.
Reason: To protect the nesting season for birds and maternity periods of bats that are a protected species under Manx law as scheduled in the Manx Wildlife Act 1992.
C 3. Prior to any excavation or construction on site protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) must be erected around any existing trees shown on drawing number Planning 02 to be retained. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Reason: To safeguard the existing trees and planting to be retained within the site.
C 4. Should the building hereby permitted, no longer be used or required for its approved purpose it shall be removed and the site restored.
Reason: The building is approved as an exception to policy based on an agricultural need.
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This approval relates to drawing number Planning 03 and 04 all date stamped as received 1st April 2015 and Planning 01a and02a date stamped as received 2nd September 2015.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...PER... Committee Meeting Date:...21.09.2015
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Signed :...J CHANCE... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
Signatory to delete as appropriate YES/NO
Copyright in submitted documents remains with their authors. Request removal