DEC Officer Report

Application No.: 21/00516/B Applicant: Mr Gary Hewitt Proposal: Erection of an agricultural building Site Address: Narradale West Narradale Sulby Isle Of Man IM7 2HA Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.07.2021 _________________________________________________________________

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 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.

• C 3. 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.

• C 4. The external walls (cladding), doors, window frames and door frame all on the new stable must be a dark green/olive green colour and the roof a dark grey colour all being retained thereafter. The blockwork walls shall be rendered and either left unpainted (dark grey) or painted a dark grey/ dark green/olive green colour and be retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area. This application has been recommended for approval for the following reason.

The agricultural need for the building is accepted and it is not considered that it would have any unacceptable visual or environmental impacts which would outweigh this need. The proposal would therefore accord with General Policy 3 and Environment Policies 1, 2, 4, 15 and 21 of the Isle of Man Strategic Plan.

Plans/Drawings/Information; This approval relates to the following plans and drawings, received on 21.04.21:

• - H01/D21/REV.A - Proposed Plans and Elevations

And the amended plans received 30.06.21:

• - Revised Location Plan
• - Revised Site Plan _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site relates to an approximately 40 acres area of farmland around 1km southeast of Sulby, accessed via a narrow lane with serving the site, surrounding farms and dwellings. The site is associated with a dwelling on land adjoining to the east, and features a pair of older buildings in poor state of repair to the south. - 1.2 The land falls away from south to north, and the land to the east and west rises away from the fields in question. The land features a mix of trees along the western side, and low quality grassland to elsewhere. The applicant states that it has been left uncultivated for some time.

2.0 THE PROPOSAL - 2.1 An agricultural barn is proposed to the southwestern boundary of the site approximately 130 metres southwest of the dwelling associated with it and 40 metres east of the existing older structures in the site. The shed would sit alongside the southern boundary of the field. - 2.2 The shed would be clad, with a block built base and shallow pitched roof with 4 metre eaves height and 5.28 metre ridge height. The building would be 24 metres long aligned along the eastern boundary of the site, with a 12 metre width, covering a total footprint of 288 square metres. - 2.3 The applicant states that they live adjacent to the fields and seek to bring them back into agricultural use. The building is required for the storage of hay/silage and for sheep during lambing season.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the 1982 Development Plan as an area not specified for any particular purpose. - 3.2 The Isle of Man Strategic Plan sets out a number of policies which are directly relevant to this proposal. Given the locality of the site there is a general presumption against any kind of development as set out in General Policy 3 and an emphasis placed on the protection of the countryside and landscape set out in Environment Policies 1 and 2. The most relevant policies and paragraphs of the IOM Strategic Plan 2016 in the assessment and determination of this application are: Environment Policies 1, 2, 4, 15 and 21, and part (f) of General Policy 3.

3.3 General Policy 3 states (in part) that 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 With regard to the protection of the countryside, Environment Policy 1 is important and seeks to prevent development which would adversely affect the countryside. Environment Policy 2 states that within Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) 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. - 3.5 Environment Policy 15 relates to agricultural buildings and notes: "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."

3.6 Environment Policy 21 states that buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used. - 3.7 Environment Policy 4 seeks to avoid development which would adversely affect protected species and habitats. - 3.8 A draft Landscape Character Assessment was commissioned by the Department in 2009 which set out a more sophisticated analysis of the rural areas of the Island. This document states that the overall strategy for the 'Northern Uplands' (in which the site is located) area should be to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features.

4.0 PLANNING HISTORY - 4.1 No recent or relevant planning history has been identified for this site. There is a concurrent planning application for a borehole to the rear of the proposed building (PA 21/00518/B.

- 5.0 REPRESENTATIONS

5.1 DoI Highway Services stated on 18.05.21 that they had no highways interest in the application. They reiterated this (27.05.21) following the submission of additional information.

• 5.2.1 Lezayre Parish Commissioners initially objected to the proposal (04.06.21) for the following reason: o "Information is lacking to support the application. Could the applicant please expand on the use of the proposed agricultural building and advise the acreage of the land being used in connection with the building and also advise who will be farming the land."
• 5.2.2 Following the submission of further information relating to justification for the proposal, Lezayre Parish Commissioners recommend approval, but "feel that the agricultural building is oversized in relation to the eligible acre usage. A smaller agricultural building would be preferred." (18.06.21).

- 6.0 ASSESSMENT

6.1 The key considerations in the determination of the application are:

• o The Principle of the Development
• o Design and Impact on the Landscape and Setting

6.2 Principle of Development

• 6.2.1 The proposal constitutes development in the open countryside, in an area not designated for development and where there is therefore a presumption against new development. As noted above, there are some exceptions to this set out in General Policy 3. Part (f) of that policy allows for development essential for agriculture. Environment Policy 15 also relates to this exception and emphasises that agricultural need for development must be sufficient to outweigh the general policy presumption against development in the open countryside.
• 6.2.2 The applicant has provided a document justifying the need for the agricultural building. They state that the farm in question has recently been purchased, and that they live adjacent to it, with an aim to bring the land back into agricultural use and breed rare breed sheep on the land. Whilst there are two small abandoned buildings on the site, these are surrounded by trees and the applicant states that they are not suitable for the secure storage and housing of livestock, feed or farm machinery. The agricultural need for the development is therefore accepted, in that it would assist in improving the viability of a small fledging farm. The building is clearly of utilitarian, agricultural design and of a scale appropriate for the size of the land holding.
• 6.2.3 Subject to a consideration of siting and scale below, the principle of the erection of an agricultural building as proposed is acceptable and in accordance with General Policy 3 (f) and Environment Policy 15.

6.3 Design and Impact on the Landscape and Setting

• 6.3.1 Environment Policy 15 notes that any building necessary for agriculture should be sited as close to existing building groups as practically possible and be appropriate in terms of scale, materials, colour, siting and form to ensure they are in keeping with their surroundings. Appropriate design of such building and a preservation of the overall character and appearance of the countryside is a theme throughout Environment Policies 1, 2 and 21.
• 6.3.2 The building would be sited along the southern boundary of the land holding, adjacent to, and near to the existing dilapidated buildings to the west and also the large agricultural buildings approximately 90 metres east. The barn would sit alongside existing boundary trees and hedging and would not be located in an isolated part of a field. It is considered therefore that the development would be as close as practically possible to the existing building clusters to the east, having regard to the unsuitability of siting it directly adjacent to the older ruined buildings, due to the presence of trees within the site.

• 6.3.3 The height of the building would be modest, particularly when considered against the larger buildings to the south which sit higher at ground level than the site. The overall scale and footprint would also not be inappropriate for the character and appearance of the surrounding landscape, and no incongruous or overly intrusive built feature would be introduced which would significantly harm the appearance of the landscape.
• 6.3.4 In this respect, the proposal is considered acceptable in that the design and siting is sympathetic to the open nature of the field to the north and west, uses the existing natural boundaries as screening, is set as close as practically possible to the farm dwelling and the main building clusters in this area, and is not excessive for the required purposes. The proposal accords with Environment Policies 1,2, 15 and 21 in this respect.

6.4 Other Matters

• 6.4.1 As noted above, Environment Policy 4 of the Strategic Plan seeks to ensure the protection of species. The proposal would largely cover the existing footprint of the buildings on the site and there would be no substantial extension of built development into the surrounding countryside. The building would be sited wholly on an existing field and the applicant has noted that other potential locations have not been considered to avoid undue impact on trees. The development would not necessitate the removal of hedging or trees and it is therefore considered that habitats would be sufficiently protected.
• 6.4.2 DoI Highways have reviewed the application and do not object. The building would be accessed via the existing farm access which is considered appropriate.
• 6.4.3 Given that the building would be approximately 130 metres from the closest residential dwelling, its use for occasional housing of sheep during lambing season, or for the storage of hay/silage, is not considered likely to result in any unacceptable loss of residential amenity.

- 7.0 CONCLUSION

7.1 In summary, the agricultural need for the building is accepted and it is not considered that it would have any unacceptable visual or environmental impacts which would outweigh this need. The proposal would therefore accord with General Policy 3 and Environment Policies 1, 2, 4, 15 and 21 of the Isle of Man Strategic Plan. - 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

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: 12.07.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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