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15/01076/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01076/B Applicant : Mr & Mrs David Higgins Proposal : Alterations and erection of extension to stone shed to create a shed / tack and loose box Site Address : Ballavar Farm Old Castletown Road Santon Isle Of Man IM4 1EY
Case Officer : Miss Melissa McKnight Photo Taken : 29.10.2015 Site Visit : 29.10.2015 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the curtilage of Ballavar Farm, a two storey detached dwelling with associated fields located on the northern side of Old Castletown Road, Santon.
1.2 The site accommodates a dwellinghouse, a derelict single storey stone outbuilding and Field No. 514070 and part Field Nos. 514076 and 514071. Overall, the site equates to approximately 4 hectares.
1.3 From a site visit, it was noted that the dwellinghouse was undergoing refurbishment for occupation by the applicant who does not currently reside on the Isle of Man. There was no evidence indicating that Ballavar Farm is still a working farm.
2.0 THE PROPOSAL
2.1 The current planning seeks approval for the alterations and extension to the existing stone outbuilding to create a loose box and reinstate the piggery and chicken shed.
2.2 It is proposed to remove the existing corrugated metal roof of the piggery and install a natural slate roof that would have a height of just less than 2.8 metres; just less than 200mm lower than the ridge height of the chicken shed.
2.3 The extension would provide a loose box. The extension would project just less than 5.7 metres from the piggery and forward 1.8 metres from the piggery. The extension would be finished in stone with a natural slate roof.
2.4 There would be a new timber door to the piggery with the existing openings retained. The existing chicken shed door would be replaced with a new timber door.
3.0 PLANNING HISTORY
3.1 Planning approval was granted in 1997 under PA 97/00234/B for the alterations and extensions to the existing dwelling that encompassed the conversion of the existing stone barns.
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3.2 Parts Field Nos. 510768 and 514071 formed part of PA 14/01190/C that was granted planning approval in 2014 for the change of use of land from farmland to woodland in selected areas.
4.0 PLANNING POLICY
4.1 The application site is located within an area zoned as an Area of High Landscape or Coastal Value and Scenic Significance under the 1982 Isle of Man Development Plan.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered relevant to the assessment of this current planning application:
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) 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 which 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 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
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15/01076/B
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new developments are sympathetic to the landscape and built environment of which they form a part."
5.0 REPRESENTATIONS
5.1 The Department of Infrastructure Highway Services do not oppose the current planning application (30/09/2015).
6.0 ASSESSMENT
6.1 As previously outlined under paragraph 2 of this report, the proposed building would provide a loose box and would reinstate the existing piggery and chicken shed. Given the intended use of the building, it is appropriate to consider General Policy 3 and Environment Policy 15.
6.2 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.
6.3 As shown on the submitted Location Plan, the overall site equates to around 4 hectares; the fields make up 2.7 hectares. The conversion of the major farm buildings and integration with the main dwelling resulted in all of the original animal accommodation being redistributed. Therefore, the only livestock accommodation is the fields, chicken shed and piggery. The extension is required to provide the additional internal animal accommodation on a daily basis.
6.4 The applicant has also informed the Planning & Building Control Directorate that he is a veterinarian of 50 years and wishes to maintain some ability within his own property to house his own livestock. The fields would be used for the grazing of bullocks/heifers and for the production of hay/silage. The livestock are rotated so the number of livestock would range from none, while the grass is growing, up to 80. When visiting the site there were a number of cattle grazing in Field No. 514071. It was not known if these cattle belonged to the applicant as applicant does not currently reside in the Isle of Man but is returning back to the Island from living in Macau.
6.5 On further investigation, the applicants' agent suggested that the building would simply not be large enough to store fodder with the primary intent for the use will be as the applicant has previously advised and beyond the applicant's confirmation, the building would possibly be defined as general usage for future agricultural operations. The applicants agent goes on to further state that the limited building size will ultimately govern how it is used and the applicant will have considered such points when providing the design instruction.
6.6 The overall proposed use of the building still remains unsure, and with the site no longer being an established working farm the Department should be careful in accepting extensions to such buildings in the countryside. Nonetheless, the overall size, design of the building and the internal layout of the building would, as the applicants agent suggest, limit its overall use to small agricultural workings.
6.7 Although there has been some confusion in the use of the building and the applicant has provided a vague account of the future use of the building, or touched on the intended use of the building it is felt that the extension is acceptable. As previously mentioned, it is not thought the building could be used for anything else but agricultural uses and it is for that reason that the extension is agriculturally justified. In this regard, should the application be approved it is felt necessary to ensure that the building is used for agricultural purposes only.
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6.8 With the justification 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. In this respect the proposed extension would be erected adjoining an existing stone agricultural building and would be finished in materials to match the existing building. As the proposed extension is to form part of an existing agricultural building it is considered that the location for development is acceptable.
6.9 As one travels along the Old Castletown Road, the existing building is not overly visible from the highway given the existing sod hedge boundary of the Old Castletown Road and the distance of the building from the highway which is over 155 metres. Although distant views of the extension may be attainable, what would be visible would not be of a level or scale that would harm public amenity and detract from the character and appearance of the Manx countryside. In addition to this, the development is an extension to an existing building and would not be completely incongruous within its setting.
6.10 On assessment, given the finished materials of the extension, and due to the fact that the building would not be prominent from the highway or within the wider locality, it is considered that the extension is acceptable and would comply with the provisions set out in Environment Policy 15.
6.11 The proposed new agricultural building would not be erected on high class agricultural land through the proposed development.
7.0 RECOMMENDATION
7.1 Overall it is considered that the planning application is in accordance with General Policy 3, Environment Policy 1 and 15 of the Isle of Man Strategic Plan 2007 and as such the planning application is recommended for approval.
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 considered material; (e) The local authority in whose district the land the subject of the application is situated.
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: 25.11.2015
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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 building must be used only for agricultural or equestrian 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 Location Plan and Drawing no. 1264.1 and 1264.3 date stamped 23rd September 2015 and Drawing no. 1264.2 Rev 1 date stamped 13th November 2015.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 25.11.2015
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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