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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00525/B Applicant : Miss Julia Corlett Proposal : Erection of detached building to provide stabling and a field shelter Site Address : Field 210349 Kerroogarroo Coast Road Jurby Isle Of Man IM7 3ET
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.08.2021 __
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 agricultural building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used for a period greater than 1 year or not 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 3. 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 4. The agricultural building shall be for private use only.
Reason: Due to highway safety concerns the Department does not consider the site suitable for anything other than private use.
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C 5. Prior to the occupation of the building the external walls (cladding), doors, and door frames all on the new building must be painted/finished in a dark green/olive green colour and the roof a dark grey or dark green in colour and all being 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. It is considered for the reasons given, the proposal would comply with the relevant planning policies and would result in a small scale building associated with a small scale holding. It is the proposal would not harm the character and quality of the landscape or adversely affect the countryside therefore comply with General Policy 3, Environment Policies 1, 2 & 15 of the IOM Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 27.05.2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is Field 210349, Kerroogarroo, Coast Road, Jurby which is a parcel of land located to the north western side of the Coast Road and north of the junction of the Coast Road with the Bretney Road. The filed is characterised as mainly flat in nature which is used for grazing purposes. Along the eastern roadside boundary of the site is a high grass bank which in large parts screens the fields from public views. A existing filed access already exists which provides sole access to the field. The access is set back form the road and has informal track (hard-core) from the access to the main road which has been in place for a number of years.
2.0 PLANNING HISTORY 2.1 There are no previous planning application which are considered relevant in the assessment and determination of this application.
3.0 PROPOSAL 3.1 The application seeks approval for the erection of agricultural stable/field shelter for keeping of livestock. The proposed building would be located along the western boundary of Field 210349 and northwest of the fields gate. The building is "L-shaped" in footprint, with a maximum depth of 5m and maximum width of 10.5m. The building would accommodate a feed room, stable and field shelter. The buildings walls would be finished in a timber cladding painted green and the roof would be finished in a metal profiles sheet in a dark green.
3.2 The applicants in their submission state the own the 5.9 hectare site and that they have 3 sheep (ewes) and 4 donkeys. The animals would utilise the proposed barn which would also be used for the storage of hay and feed. The site has also been chosen due to the prevailing winds.
4.0 REPRESENTATIONS 4.1 The Department of Infrastructure Highways Services (10.06.2021) made the following comments: "The existing gated and recessed field access would require to better conform to requirements set out in the Manual for Manx Roads and Design Manual for Roads and Bridges standard CD123 for direct field accesses. It should have access geometry with entry splays due to likely increase in usage. The access should be formed in a consolidated and bound material to extend at least to the gate to minimise the risk of loose material being carried onto the highway which is more than the
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6m minimum specified in MfMR due to the verge depth. The existing gates are adequately set back given the depth of the verge area in advance.
Visibility splays are maximised at 2.5 x 67m to the north and 2.5 x 150m to the south; given that a 2.4m setback would have been acceptable and gained extra distance given 2020 recorded speeds of just under 40mph which would require the minimum of 70m extents.
A separate approval is necessary after the grant of planning consent for any works in the highway under a S109(A) Highway Agreement.
No details are indicated of parking or whether this is a private or commercial undertaking and these should be provided.
On compliance, the proposal is unlikely to raise significant road safety or network efficiency issues.
Recommendation: Additional information." 4.1.1 Following these comment the applicants confirm the site would be for private use only and parking would be within the site.
5.0 PLANNING POLICY 5.1 In terms of local plan policy, the application site lies within an 'Area of High Landscape or Coastal Value and Scenic Significance' not designated for development under the Isle of Man Development Order 1982. The site is within a Conservation Area.
5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
5.3 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."
5.4 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."
5.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or 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
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control until such time as it is superseded by a landscape classification which will introduce different 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."
5.4 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 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."
5.5 Environment Policy 21 states: "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."
6.0 ASSESSMENT 6.1 The starting point is to acknowledge the relevant planning polices and the site designation. In this respect the site is within an area not designated for development.
6.2 The planning policy section of this report highlights that there is provision within planning policy for equestrian/agricultural related development as an exception to the presumption against development in the countryside. As identified within the Isle of Man Strategic Plan 2016 equestrian/agricultural activities have become increasingly popular in rural areas and on the fringes of our towns and villages. Such activities can generally take place only on open, rural land. It should be noted that the application is being considered on the basis of agricultural (keeping of livestock) within the building. It was noted when visiting the site there was a number of livestock on the site already
6.3 In terms of the potential visual impacts upon the countryside, the building would not be significantly apparent from public views, being setback away from the Coast Road, being single storey in the main (a section is slightly taller than a normal stable building) and also set behind existing sizeable grass roadside bank. Accordingly, this goes in favour of the application.
6.4 The site is clearly already being used for the keeping of livestock on a small scale, and the size and of the building proposed reflects this modest activity. Accordingly, the Department is satisfied the need for the building of this size.
6.5 In respects to the proposed design and finish of the building, it appears as an equestrian styled stable building, rather than an agricultural barn. The location of the being is in an isolated position, given there are no other buildings along this section of the Coast Road. However, its position being the existing grass banked field boundaries and located to the south-eastern corner of the filed, site considered the most suitable position for the building in this case.
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6.6 Highway comments are noted but the field gate is existing and it is not proposed to change. The usage is not considered to potential alter significantly compared to if a farmer wash utilising the site for livestock. Further the use is for private use only and there is sufficient parking within the field (park on grass).
7.0 CONCLUSION 7.1 Overall, it is considered for the reasons given, the proposal would comply with the relevant planning policies and would result in a small scale building associated with a small scale holding. It is the proposal would not harm the character and quality of the landscape or adversely affect the countryside therefore comply with General Policy 3, Environment Policies 1, 2 & 15 of the IOM Strategic Plan 2016. Therefore recommended that the application be approved.
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: 13.08.2021
Determining officer
Signed : J SINGLETON Jason Singleton Principal Planner
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