DEC Officer Report

Application No.: 21/00518/B Applicant: Mr Gary Hewitt Proposal: Creation of a borehole Site Address: Narradale Farm 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.

This application has been recommended for approval for the following reason.

The agricultural need for the borehole 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 the Isle of Man Strategic Plan General Policy 3, and Environment Policies 1,2,4 and 22.

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

• - Borehole drawing 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 lowquality grassland elsewhere. The applicant states that it has been left uncultivated for some time.

2.0 THE PROPOSAL - 2.1 A 100mm diameter borehole is proposed adjacent to the south-eastern corner of the applicants land holding. The borehole would be topped by a manhole cover. - 2.2 The applicant states that the borehole is required to provide water for land irrigation.

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 4 seeks to avoid development which would adversely affect protected species and habitats. - 3.6 Environment Policy 22: This policy states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of pollution of sea, surface water or groundwater; airborne pollutants; and vibration, odour, noise or light. - 3.7 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 an agricultural building adjacent to the proposed borehole (PA 21/00516/B)

5.0 REPRESENTATIONS - 5.1 DoI Highway Services stated on 18.05.21 that they had no highways interest in the application.

• 5.2.1 Lezayre Parish Commissioners initially objected to the proposal (04.06.21) for the following reason: o Lack of information to substantiate the application.
• 5.2.2 Following the submission of additional supporting information, Lezayre Parish Commissioners recommend approval, but note "the Commissioners wonder how the other properties, particularly the Dairy Farm manage for water. We were not aware of any private water connection to this area."

6.0 ASSESSMENT - 6.1 The key considerations in the determination of the application are:

• o The Principle of the Development
• o Environmental Impact

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 stated that the borehole is required to irrigate farmland and it is therefore accepted that there is adequate agricultural need for the development.
• 6.3 Environmental Impact

• 6.3.1 In terms of visual implications, most of the works are underground and the only part of the proposal that would be visible would be the raised manhole cover. The visual impact of the borehole is limited and would not adversely impact on the wider landscape.
• 6.3.2 In terms of the impact of the borehole on the environment, it is solely the borehole that constitutes development, the abstraction of water itself is not development as defined by the Town and Country Planning Act. Legal advice has been taken in respect of whether abstraction is a material planning consideration given the potential impacts as raised by the Environmental Protection Unit. In neighbouring jurisdictions, it is clear that it is not a matter for planning authorities as abstraction is covered by other environmental legislation for which there is an absence on the Island. Nevertheless, it is concluded that abstraction levels should not be controlled by planning.
• 6.3.3 The proposed borehole itself would not result in any undue adverse impact on the environment and would assist with the operation of the farm.

7.0 CONCLUSION - 7.1 In summary, the agricultural need for the borehole 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 the Isle of Man Strategic Plan General

• Policy 3, and Environment Policies 1,2, 4 and 22.

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 above 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: 12.07.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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