DEC Officer Report

Application No.: 21/00124/B Applicant: Chris Lennon Proposal: Erection of an agricultural building Site Address: Ballamaddrell Farm Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.05.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The 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 for a period longer than 12 months.

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.

• C 3. The building may only be used for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need only.

This application has been recommended for approval for the following reason. Overall, it is considered that the application accords with General Policy 3, Environment Policy 1, and Environment Policy 15 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the Photographs, Aerial Photograph, and Drawing Nos. PL-001 and P6328-01 date stamped and received 18 January 2021, and Supporting Information received 15 April 2021.

Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Department of Infrastructure (DOI) Flood Risk Management Division _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of Ballamaddrell Farm, Grenaby Road, Ballabeg, Arbory. The site has a number of existing buildings within the curtilage including Ballamadrell Farmhouse, garaging and some outbuildings. The current use of the site is domestic and agricultural. The farm which covers a land area of about 5acres of land (outlined in blue on the Location and Site plan) is currently under grass. - 1.2 The entire west, south and east boundaries are completely enclose by trees and shrubbery which lines the site boundary with the only open section being the northern boundary of the field which abuts the farm building and its residential curtilage, as well as the boundary with field 421519 to the north. There is a fence that lines the boundary with Grenaby Art Studios on the west.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of an agricultural building. - 2.2 The external building footprint is proposed to be 13.8m long x 9.1m wide (125sqm) with a pitch roof height of 4.2m (2.7m to the eaves). The building which is a portal frame building is proposed to be finished externally with 1000x30x0.5mm Thick Box Profile Plastisol Coated Metal Sheets, while the roof would be covered in 1000x30x0.7mm Thick Box Profile Plastisol Coated Metal Sheets. 3 GRP rooflights (1m x 1.5m) would be installed on each roof pane, totalling 6 GRP rooflights. There would be a pedestrian access door (900mm x 2.1m) situated on the right side of the roller shutter door (3.2m x 2.4m) on the east elevation of the building. - 2.3 The new building would be positioned such that its rear elevation (west elevation) would be 6.3m from the boundary with the Grenaby Art Studios on the west, with the north elevation also set 4.9m from the wall on this boundary. This building would be completely screened by the trees and shrubbery on this boundary and the buildings situated north on the site and the Grenaby Art Studios site. - 2.4 The applicants have provided the following supporting information:

• i. The site would be assessed through the Grenaby studios yard which would provide direct access to the B40 (Grenaby Road).
• ii. The building is associated with use of land (5 acres) which does not encompass a larger agricultural operation, and would serve as store for animal, feeds and associated agricultural machinery.
• iii. The use of the building will be split into three bays for storage which will measure; 39sqm, 58sqm, and 19.5sqm.
• iv. The first bay 39sqm will be used to keep 30 free range chickens currently on the site and to hatch chicks each spring. This will enable the chicks to be kept indoors to prevent them from becoming prey. The second bay (58sqm) will be used for the storage and maintenance of a small tractor which will help to reduce manual handling of animal feed, aid maintenance of the land. This space will also provide storage for implements and feed. The third bay would be

• used for the breeding of dogs and pups. The applicants also intend to acquire a small number of sheep which would also be kept in the building.
• v. The building is a typical agricultural kit which can be dismantled or maintained with ease.

2.5 The applicants have also indicated that they seek a sustainable lifestyle and that the building would enable them maximize the use of their land with their children benefiting from the education to live sustainably from their proposed use of the land.

3.0 PLANNING POLICY - 3.1 The application site is shown on the Area Plan for the South as being within an area designated as not for a particular purpose. The western boundary of the site area is categorized to have Medium Likelihood of Surface Water Flood Risk as shown on the Isle of Man Indicative Flood Risk Maps. On the draft Landscape Character Appraisal the site lies within an area of Incised Inland Slopes where the following advice is available;

Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.

Implications are:

• i. To protect the tranquil, rural character of the area with its open views.
• ii. Sensitive location of new buildings and the use of screen planting.
• iii. Avoidance of physical or visual amalgamation of roadside housing.
• iv. Protection and enhancement of the identity of Ballabeg and Colby by the conservation of the rural character of the adjacent landscape.

3.2 As such, there is a presumption against development other than where it would accord with other Strategic Plan policies, particularly General Policy 3 which provides guidance on development outside of those areas which are zoned for development. - 3.3 General Policy 3 (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;

3.4 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 overriding 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."

3.5 Further advice on agricultural development is provided as follows:

• 3.5.1 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."

• 3.5.2 Paragraphs 7.13.1 and 7.13.3 are also relevant:

Paragraph 7.13.1 (In part). A recent study on agricultural soils on the Isle of Man(1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the most versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the release of Class 1 and 2 agricultural land for development.

The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil with these parts being avoided for development purposes.

• 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had 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 important that new development should be compatible with the character of the surrounding area, and the need for new buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition.

3.6 The Town and Country Planning Act 1999 also provide guidance as it defines activities that are considered to constitute agriculture. It states that:

"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.

- 4.0 PLANNING HISTORY

4.1 The broader site area has been the subject of eleven (11) previous planning application. However, the current field which is the subject of the current application has not been the subject of any previous planning applications which are considered relevant to the current application. - 4.2 The main farm dwelling to which the field is attached was however granted approval for Erection of single storey extension and detached motorhome garage under PA 19/00102/B which was approved by the Planning Committee in July 2019.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 The Department of Infrastructure Highway Services who had previously written in with a request for additional information/revisions in a letter dated 19 January 2021, has made the following comments regarding the application in a letter dated 18 January 2021, have written in to state that they 'Do not Oppose' the application in a letter dated 17 March 2021.

• 5.1.1 The applicants provided additional information to address concerns with access to the field in a response to highways request for additional information dated 12 March 2021.

5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 19 March 2021. - 5.3 Arbory and Rushen Parish Commissioners have stated that they support the application in a letter dated 20 February 2021.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are:

• i. the principle of the development;
• ii. the visual impact of the proposed development on the character and appearance of the countryside and surrounding landscape in terms of siting, design, size and finish.

- 6.2 THE PRINCIPLE

• 6.2.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3, which allows an exemption for essential agricultural buildings, and Environment Policy 15, which requires that the Department is satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside. In the case of this application there has been extensive supporting information submitted demonstrating the need for the new building to support agricultural needs, with no form of commercialisation envisaged, given that only 5 acres of land are available to the applicants.
• 6.2.2 The applicant has also demonstrated through a well annotated building subdivision indicating the proposed use of the various sections of the building. Whilst the scale of the proposed agricultural use of the building is small, the proposed use clearly aligns with uses that can be classified as agriculture as defined by the Town and Country Planning Act 1999 with the scale of the building also considered being appropriate for the intended use. Besides, the scheme will help to support the family's agricultural needs which will support the provision of local produce that ultimately contributes to the Islands economy, as an alternative means of food production. As such, it is considered that the proposed use aligns with Environment Policy 15.
• 6.2.3 Similarly, the land is legitimately used for agricultural purposes, which does not exclude growing crops and animals to meet family needs and it is equally legitimate to require buildings

or structures needed in association with these uses. Besides, the setup of the building which is designed to facilitate easy removal when no longer required is suitable for the proposed scale of production. As such, it is considered that the agricultural need for the new building is acceptable and the principle is therefore acceptable.

- 6.3 THE VISUAL IMPACT OF THE PROPOSAL

• 6.3.1 The proposed building is fairly typical in its size and comparable to those agricultural buildings in the immediate area. The close proximity to the existing buildings within the Grenaby Art Studios site, and the main dwelling on the broader site area would help to contain the spread of development across the countryside, enabling the building is to be read in conjunction with the existing building cluster. This area is also sufficiently screened from the highway by the trees that line the broader site area by the highway and the trees situated on the western boundary of the site. As such, it is not considered that the proposed location would result in any visual impacts on the wider landscape, enough to warrant refusal as the location would ensure the scheme aligns with Environment Policy 15 which requires that such development must be sited as close as is practically possible to existing building groups.
• 6.3.2 In considering the design and scale of the building, it is of a proportionate size and form in relation to the existing buildings within the landscape. In terms of the scale, materials, colour, siting and form of the proposed building would ensure it is seamlessly integrated into the existing structure/layout of the building cluster around the site without undue impact on the surrounding landscape. Besides, the design, scale and finishing of the building would be no different from other agricultural buildings which are situated on the farms within the locality and as such the proposed development cannot be considered an abnormality on the landscape when assessed within the context of the locality which is agricultural. Based on the foregoing, the proposal is considered to accord with both EP1 and EP15.

- 7.0 CONCLUSION

7.1 In summary, the proposal is considered acceptable in terms of both agricultural need and visual impact and broadly accords with the aforementioned policies of the Strategic Plan. The application is therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 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 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.

8.2 The decision maker must determine:

• 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 in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 06.05.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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