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                                                 15/01025/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01025/B Applicant : Kenneth James Gawne Proposal : Erection of two agricultural buildings (comprising amendments to PA 14/01273/B) Site Address : Ballacorkish Farm Scholaby Road Colby Isle Of Man IM9 4AH

Case Officer : Miss Abigail Morgan Photo Taken : 07.10.2015 Site Visit : 07.10.2015 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE SITE

1.1 The application site is the curtilage of Ballacorkish Farm which is accessed from the Scholaby Road which is to the northern side of the highway. The site is a large holding with a large amount of land associated with it.

1.2 The buildings include a number of stone outbuildings and a couple of buildings which are of more modern construction. There is also the main farmhouse sited on the farmyard.

2.0 THE PROPOSAL

2.1 The application seeks approval for the amendment in orientation of two agricultural buildings previously approved under PA14/01273/B. As per the previous application the two buildings would be sited adjacent to each other, they would measure approximately 18m x 9m. The buildings would be constructed of concrete panels for the first 1.8m in height and then Tanalised timber boarding above. The roof would be finished with fibre cement sheeting. There would be door openings in the gable ends. The main difference is change in orientation from north to south to east to west in the same location.

2.2 The buildings would have an overall floor area of approximately 334sqm.

3.0 PLANNING HISTORY

3.1 The most recent planning approvals were in 2008 for the erection of an agricultural building PA 08/01994/B and in 2014 for erection of two agricultural buildings PA14/01273/B.

4.0 POLICY STATUS

4.1 The application site is within an area of whiteland/open countryside identified on The Area Plan for the South 2013.

4.2 Within the Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 3 and Environment Policy 15.

4.3 General Policy 3 provides agricultural exception for development in the countryside.

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                                                 15/01025/B
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4.4 Environment Policy 15 sets out parameters against which new agricultural buildings are assessed against, including agricultural need, location and design.

5.0 REPRESENTATIONS

5.1 Rushen Parish Commissioners have no objection. 17.09.2015

5.2 DOI Highways do not oppose. 29.09.2015

5.3 DED - According to information available to the Department, the planned development is in the vicinity of disused mine workings. Planning should consider the possibility that the planned development might be effected by the presence of mine workings. Consideration should also be given to the impact of any discharges such as slurry, to watercourses via mine workings. Relationship to site: No direct interest. 23.09.2015.

6.0 ASSESSMENT

6.1 The principle of need for the agricultural buildings was justified under PA14/01273/B, therefore it is considered that there is no need to revisit this issue, as the previous application was approved in December 2014. As part of PA14/01273/B the applicant has provided a letter in support of the application and indicates that the buildings will be used for housing cattle throughout the winter. This has been confirmed as the current situation. After clearing the land the applicant realised that the two buildings would be better suited within the landscape oriented as per this application.

6.2 Consequently the key considerations in the assessment of the application is does the change in orientation of the buildings impacts upon the character and appearance of the site and surrounding area over and above that which has previously been approved.

6.3 The proposed buildings remain sited to the northern side of the farm track and entrance, very close to the existing buildings which would limit the overall visual impact of the buildings. Under the previous application the siting was considered to be acceptable in terms of the visual impact upon the landscape. The only change is the orientation and this not considered to have any additional impact to the approved scheme.

6.4 The proposed buildings would be appropriate in terms of the size, design and finish and would be acceptable in terms of the proximity to the other outbuildings on the site.

6.5 The proposed buildings would be sited adjacent to the Scholaby Road and while Environment Policy 15 advises against such siting the existing building group is already sited adjacent to Scholaby Road. The buildings would be visible from further up the Scholaby Road but they would appear as part of the main group of buildings. Given that the Scholaby Road slopes up away from The Level the group of farm buildings is not overly visible from The Level or even further afield. For these reasons it is judged that the proposal would not have an unacceptable impact upon the wider landscape.

6.6 As a result, it is concluded that the proposal does fall within the exceptions set out in General Policy 3 and it does accord with Policy EP15 in that the proposal is sited a close as is practically possible to existing building groups and is appropriate in terms of scale, materials and colour, siting and form and as such is sympathetic to the landscape

7.0 RECOMMENDATION

7.1 For the above reasons the application is considered to be acceptable and is recommended for approval, subject to conditions.

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                                                 15/01025/B
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8.0 PARTY 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 , in this case, Department of Infrastructure Highway Services and DED (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.10.2015

Conditions and Notes for Approval: 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. The buildings must be used only for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

This approval relates to drawings CON-15-GAW-01 and drawings G[1] 18792 and 18792A all date stamped 9 September 2015.

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                                                 15/01025/B
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 14.10.2015 Determining officer

Signed :...J CHANCE...

Jennifer Chance

Head of Development Management

Customer note

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