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                                      21/01205/B                                     Page  1  of  7

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 21/01205/B Applicant : IOM Goats Limited Proposal Erection of cheese production, butchery, and education unit (retrospective) Site Address High Tilt Goat Farm Douglas Road Kirk Michael Isle Of Man IM6 1AS

Case Officer :

Mr Paul Visigah Photo Taken :

Site Visit :

Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 03.02.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The building hereby approved may only be used for cheese production, butchery, and educational purposes only (in relation to the farm), not including retail.

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

C 2. The buildings hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for agricultural purposes for a period longer than 12 months.

Reason: The buildings have been exceptionally approved solely to meet the stated need and its subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason. The works are not considered to have an adverse impact on the surrounding countryside and create opportunities for the development of the farm business. The scheme is, therefore, considered to comply with the requirements of General Policy 3, Environment Policies 1 and 15 of the Strategic Plan.

Plans/Drawings/Information;

This decision relates to the Cover Letter, Operational Details, and Drawing Nos. 882.21A and 860.28, received 20 October 2021.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL MAY BE CONSIDERED TO BE CONTRARY TO THE LAND USE DESIGNATION AND IS RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1 The site represents part of the curtilage of an existing dwelling known as High Tilt situated on the north eastern side of the A3 Main Road as it approaches Douglas Road Corner on the TT Course in Kirk Michael. The property is set back some distance from the main highway and is accessed via a shared access lane with Lhergy Vreck Farm.

1.2 High Tilt is a modern bungalow with additional living space in the roof. The existing dwelling has two integrated garages on the northern most side along with two stables and an indoor pool. The property lies outside of Kirk Michael's Conservation Area.

1.3 The site which is the subject of the current application sits directly northeast of the main dwelling, with the shared access running along the southern boundary with field 234264 within which there is a large agricultural building situated directly east of the application site.

1.4 Within the broader site area marked in blue are goat grazing fields which form the bulk of the land demarcations within the other lands within the ownership of the applicant.

2.0 THE PROPOSAL 2.1 The proposal seeks planning approval for the erection of cheese production, butchery, and education unit (retrospective). The scheme which has been erected comprises:

2.2 The Cheese Production Shed / Education shed situated on the north-western end of the site. This building is 8.5m long, 6m wide and 4m high to the roof ridge. The building has Cedar cladding to external walls, green metal roof sheeting, and white UPVC doors and windows. The building is partitioned into three major units which consists of the public educational/activity space, the cheese manufacture and preparation section and the WC and cup boards.

2.3 The butchery unit which is a flat roofed that is 4.5m long, 2.4m wide and about 2.2m high. This building also has external finish similar to the larger building. This building is located on the south-western end of the site (situated almost equidistant from the access to the larger unit).

2.4 The applicant has provided the following additional information: i. The total floor space created for both buildings is 81sqm. ii. The Goat Farm operates 24-7 due to goat husbandry. iii. The cheese production and butchery operate generally between 7am to 9pm iv. These are all existing structures operated in association with the existing large unit approved under 17/00678/B. v. The produce from these facilities are sold from the farm shop, the approved mobile unit adjacent the main road (PA 19/01432/B) and local Manx artisan food markets Island wide and the IOM Food and Drink Festival. vi. In addition to these production facilities farming live activities are organised for local groups including WI, Guide Associations, Schools etc. to see the Goats / kidding, as well as the cheese / wool production. Also summer Goat Yoga is offered in the yard and a yearly Hospice Farm Open Day is carried out.

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vii. The site has ten parking spaces.

3.0 PLANNING POLICY 3.1 The site lies within an area not designated for any particular use on both the Kirk Michael Local Plan of 1994 and the 1982 Development Plan. The site is also located within an area of high landscape or coastal value and scenic significance (AHLV). The site is not within the Kirk Michael Conservation Area, or registered tree area, and there are no registered trees on site. This site is also not within an area prone to flood risks.

3.2 Given the above, there is a general presumption against development here as set out within the IOM Strategic Plan (Environment Policy 1 and General Policy 3). General Policy 3, however, sets out exceptions to this and includes: "(f) building and engineering operations which are essential for the conduct of agriculture or forestry"

3.3 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 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.

3.4 Environment Policy 15 provides further advice on agricultural development. It 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."

3.5 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

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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".

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Town and Country Planning Act 1999, Section 45, defines; "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, and "agricultural" shall be construed accordingly".

5.0 PLANNING HISTORY 5.1 The farm site has been the subject of the following previous planning applications which are considered to be materially relevant to the current scheme:

5.2 PA 14/00236/B for Erection of nine livestock shelters - Approved. These the shelters were to be constructed of timber with metal sheet cladding and finished in a green colour, were erected to house goats on the farm.

5.3 PA 14/01230/B for Erection of an agricultural building - Approved. This building was proposed for field 234264 to support operations on the farm, by providing housing, finishing area and a general feed store.

5.4 PA 15/01299/B for Erection of an agricultural building (comprising amendments to PA 14/01230/B) - Approved. This altered the orientation of the building approved under PA 14/01230/B.

5.5 PA 19/01432/B for Erection of mobile kiosk for sale of farm produce - Approved. This enabled the sale of agricultural produce from the farm within the site.

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

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose'. (8 November 2021/19 November 2021).

6.2 Michael Commissioners have not made any comments regarding the application, although they were consulted on 28 October 2021.

7.0 ASSESSMENT 7.1 While the Strategic Plan policies are clear that the countryside - in which this site technically sits - is to be protected for its own sake (EP1), there is also a clear exception that can be made where an essential agricultural need can be demonstrated (GP3(f)). In such cases, special consideration will still be needed with respect to the impact on the character and appearance of the countryside (EP 1). Finally, there is a need to ensure that new buildings are physically associated with existing building group where possible (EP15). The impact on soils would also be assessed within the context of the scheme.

7.2 Agricultural Need (EP 15 and GP3 f). 7.2.1 In the case of the current application, the planning history of the site, clearly indicates that the site has been in agricultural use for some time, considering approval has been granted for a number of agricultural buildings, to support the growth of the goat farm, as well as allowing the erection of a kiosk to facilitate the sale of agricultural produce from the farm. It is

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also noted that there is an existing agricultural building positioned directly east of the site of the buildings which are the subject of the current application which supports operations that the farms, and forms a farm yard enclosure with the current buildings.

7.2.2 In the case of the current buildings, it is noted that these would further support the operations of the farm and facilitate its delivery of produce to the Islands food market, in addition to offering opportunities for training on the site. Moreover, the actual net increase in floor space of the buildings which are the subject of the current application amounts to about 80sqm, which is fairly limited and should not create significant pressures on farm lands within the broader farm site. Given the above, it is considered that there is sufficient agricultural need for both buildings, and the requirements of GP 3 and EP 15 are mate in the current case.

7.3 Visual Impact (EP 15 and EP1) 7.3.1 In terms of visual impacts, it is considered that the application site is located within the countryside which is not designated for any site specific development. It is therefore imperative that the proposed development does not harm the character and quality of the countryside and respects the visual amenity of the area.

7.3.2 The location of High Tilt is set within undulating land and the ridge height of the larger building is such that it would be concealed by the main dwelling situated west and the agricultural building situated directly east. The smaller building is also positioned within the farm yard and at a position where it would be unnoticed from positions outside the yard. It should also be emphasized here that there is mature landscaping around the entire northwest and west boundaries of this building group within the farm, as well as large sections of the south east boundary which further screens the buildings. Distant views of the larger building would be restrained from the Baltic Road located over 270+ metres to the east of the application site, given the sob banks along the road, and trees along field boundaries east of this building.

7.3.3 It is also vital to note that the buildings which are the subject of the current application form part of an existing group of buildings on this part of the farm, given they are sited next to the farmhouse and larger agricultural building and would be within a wider setting of agricultural buildings.

7.3.4 The buildings are typical modern agricultural building in terms of size, shape and use of materials and would not look out of place in the wider landscape which incorporates sustainability with the implementation of the solar panels. Whilst it would have been more appropriate for the smaller unit to have a pitch roof over to be in keeping with the site character, the flat roof would limit its visual impact from distant views. It is, therefore, considered that the location for the development is acceptable and is well screened from most public thoroughfares and is not considered to impact upon the appearance of the countryside or wider area.

7.4 Impact of High Quality Soils (Paragraph 7.13.1) 7.2.2 Another factor that bodes well for the proposed scheme is the fact that the Soil classification maps indicate this area to be Class 3, so while the proposal results in an increase in built footprint of about 80sqm on the site (which is currently situated within the farm yard) this farm area is not within a soil classification area with high protection values as indicated in paragraph 7.13.1 of the Strategic Plan. Besides, there still remains a notable area around the farm buildings which would be untouched by the proposed scheme and which is able to accommodate continued agricultural production on the farm.

8.0 RECOMMENDATION 8.1 Overall it is considered that the planning application is in accordance with General Policy 3, Environment Policy 1 and Environment Policy 15 of the Isle of Man Strategic Plan 2016 and as such is recommended for approval.

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9.0 INTERESTED PERSON STATUS 9.1 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.

9.2 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 the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 21.02.2022

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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PLANNING COMMITTEE DECISION 21.02.2022

Application No. : 21/01205/B Applicant : IOM Goats Limited Proposal : Erection of cheese production, butchery, and education unit (retrospective) Site Address : High Tilt Goat Farm Douglas Road Kirk Michael Isle Of Man IM6 1AS

Planning Officer : Mr Paul Visigah

Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee considered the application and agreed with the recommendation to approve the application subject to amendment to the Conditions to reflect the approved use of the buildings:

C 1. The building hereby approved may only be used for cheese production, butchery, and educational purposes only (in relation to the farm), not including retail.

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

C 2. The buildings hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for agricultural purposes for a period longer than 12 months.

Reason: The buildings have been exceptionally approved solely to meet agricultural the stated need and its subsequent retention would result in an unwarranted intrusion in the countryside.