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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01117/B Applicant : Mr Richard Kneen Proposal : Alterations and extensions to existing agricultural building for housing of animals and storage of feed and equipment Site Address : Field 314584 Ballaneven Farm Poortown Road Peel Isle Of Man

Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 09.01.2023 __

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. For the avoidance of doubt the existing building and the proposed extensions shall only be used for the keeping and care of horses and agricultural animals, and for any agricultural feed or equipment associated with the keeping and care of those horses or animals.

Reason: Taking into account the original approval of the building under 98/01196/B and the proposed agricultural use of the extensions as part of this application.

C 3. In the event that the extension hereby approved is no longer used or required for the keeping and care of agricultural animals and for any associated agricultural feed or equipment storage, the extension hereby approved shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased.

Reason: The extension has been exceptionally approved solely to meet the specific agricultural use based on the information provided, and its subsequent retention would result in an unwarranted intrusion in the countryside.

C 4. The new hardstanding area hereby approved, and the existing hardstanding area indicated to be re-surfaced (not including the existing access lane and turning area to the

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building) on 'Site Layout Plan SL01' shall both be finished in a permeable surface and retained thereafter.

Reason: In the interest of reducing surface water run-off.

C 5. The new sod banks hereby approved shall be fully installed within 12 months of the existing sod banks being removed. The new sod banks shall be installed in full accordance with those details shown on 'Site layout Plan SL01' and 'Sod Bank Section BAFSB01' and retained thereafter.

Reason: In the interest of visual amenity and bio-diversity.

C 6. All landscape planting detailed within the submitted 'landscape plan' and 'supporting statement' shall be carried out in the first planting season following the completion of the development or the occupation of the approved agricultural extension, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: In the interest of visual amenity and bio-diversity.

N 1. The applicant is to be advised that there should be no vegetation or scrub removal between 1st March - 31st August in any year to avoid nesting birds. The applicant is to be reminded that it is an offence under the Wildlife Act 1990 to harm nesting birds.

N 2. The applicant is to be advised sod bank should not be removed between 1st October - 31st March in any year. When removing any sod banks during the active lizard season the bank should be removed from the middle first and working outwards to allow lizards time to relocate. The applicant is to be reminded that it is an offence under the Wildlife Act 1990 to harm a protected species which includes lizards.

This application has been recommended for approval for the following reason. Subject to conditions and notes in respect of the buildings approved use, landscaping and hardstanding works and sod bank replacement the extension and alterations works to the existing building and sod bank works are considered to have an acceptable visual and amenity impact and not to result in any adverse harm or loss to woodland area or harm to known habitats in accordance with EP1, EP2, EP3, EP4, EP15, EP27 and GP3(f) of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to drawing numbers o FP01 - floor plans existing and proposed o SL01 - site layout plan o SP01 - site plan o LP01 - Location plan o PP01 - proposed plan o EP01 - existing plan o SB01 - Sod Bank typical section o E01, E02, E03 - Elevations - existing and proposed o Supporting Statement o Agricultural Questionnaire all date stamped and received 30/08/2022.

o Landscape Plan o Landscaping supporting statement both date received 02/12/2022.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION IS BEFORE THE COMMITTEE AS THE APPLICANT IS A MEMBER OF THE DEPARTMENT.

THE APPLICATION SITE 1.1 The application site relates to an existing agricultural building and part of its immediate surroundings sitting on the western side of the Poortown Road nearest its junction with the A3 at Ballig Bridge.

1.2 The site forms part of a much larger farm holding and fields sitting on this side of the road (edged blue in the submitted plans).

1.3 The existing building is 'L' shaped and measures at its biggest 9.3m wide x 12.2m long. The building is low level with a mono-pitch roof measuring 3m at its tallest point.

1.4 The building sits back a short distance from the road in a small clearing. There are trees dotted along the bank of the roadside boundary and a cluster of vegetation and trees further northwards.

1.5 South of the building and running along the other side of the access track is a sod bank. This measures approx. 2m wide and 1.3m tall and runs around 66m upwards towards field 314583.

THE PROPOSAL 2.1 The current application seeks approval for a number of works, including extensions and alterations to the existing agricultural building, removal of the sod bank and reclamation of land into agricultural use, creation of additional hardstanding area nearest the agricultural building and the creation of new replacement sod banking measuring approx. 52m.

2.2 The proposed works seek to increase the building by 10.8m wide x 15.8m wide and keeping the 'L' shape arrangement. The building is proposed to be finished in timber, with a green coloured shallow pitched roof with a central ridge measuring 3m tall. Three field gates will be installed on the southern gable ends.

PLANNING HISTORY 3.1 PA 98/01996/B was approved for stables subject to 3 conditions, one relating to the colour and roof materials, one stating that it must not result in the felling of any trees and one stating "the building may be used only for the keeping and care of horses and the site, by virtue of this approval may be used for the keeping and grazing of agricultural animals and horses."

PLANNING POLICY 4.1 Part of the application site is within an area designated as 'woodland' on the 1982 Plan, and part is not designated for development. All of it sits within an AHLV. The site is not recognised as being at any flood risk on recent maps nor. Given the nature of the proposal is it relevant to consider the following policies: o General Policy 3(f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture,

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o Environment Policy 15 which outlines the general design criteria for agricultural buildings being positioned as close to existing buildings as possible and being of appropriate scale and sympathetic to the landscape. o Environment Policies 1 and 2 which ultimately seeks to protect the countryside for its own sake and from harmful and unwarranted development o Environment Policy 3 which seeks to avoid loss of or damage to woodland areas o Environment Policy 27 also seeks to enhance the natural environment o Environment Policy 4 seeks to protect habitats. General Policy 2 also contains a number of general standards towards acceptable development.

4.2 The Town and Country Planning Act 1999 states "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."

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

5.1 German Commissioners - no objections (23/09/2022)

5.2 Department of Infrastructure Highway Services - do not oppose (15/09/2022 and 06/12/2022).

5.3 DEFA Ecosystems - do not oppose subject to conditions (08/12/2022) - although initially raising concerns for lack of sufficient justification for the sod bank removal and lack of ecological mitigation, following discussions with the applicant and the submission of additional information, DEFA Ecosystems confirmed that the proposed replacement sod bank works and the planting would provide appropriate mitigation for the loss of the scrub area and banks. As such the landscaping should be secured by condition including conditions for vegetation works being undertaken outside of nesting bird season (March - August inclusive) and sod bank removal during the lizard active season (April-Sept) starting from the middle outwards to allow lizards to relocate.

5.4 DEFA Forestry - no objections (09/01/2023) - due to the existing hardstanding around the trees, it is unlikely that it would have an in direct impact to the retained trees.

ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; o The principles of the development o The visual or amenity impacts on the character and appearance of the countryside and AHLV o Impact on trees o Impact on habitats

Principle 6.2 There is a general presumption against new development in the countryside as set out in Environment Policy 1 and General Policy 3 of the Strategic Plan, however there are exceptions to this with respect to agricultural buildings as covered in GP3(f), and EP15 further requires there to be a satisfactory agricultural or horticultural need for new buildings so as to sufficiently outweigh the general policies against development. In this case there is already an existing building on the site which has been used alongside the agricultural operation of the land. The proposal is now for extensions to the existing building to help support the continued growth of the holding and provide additional shelter, lambing space and associated agricultural

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storage of equipment and feed, and to allow an increased area of manoeuvring of farm vehicles and yard area to support the holding.

Works to existing building 6.3 In line with EP15, the extensions physically join the existing building and keep the spread of development to a minimum and within the existing clearing of the trees. Most of the works are to the rear although some parts of the extension may be visible from the highway through gaps in the roadside boundary. The new roof remains low level and no taller than the existing building, and the overall works are not expected to result in any significant changes to the overall appearance of the site and not to result in any new or adverse harm to the wider countryside or AHLV.

Works to sod banks 6.4 The proposal will see a considerable length of sod banking and vegetation being removed, but its reformation in different parts of the site. Whilst there will be an overall loss of around 14m of sod bank, the works will make way for an increased area of land being reclaimed and used for agricultural purpose and farmed. The siting of the new sod banking will ensure continued habitat provision in the future whilst parts of the lower sod banking will also help to screen an increased area of hardstanding nearest the building and soften views towards the building too. Both areas of new sod banking should be secured by condition.

Trees and Habitats 6.5 The existing building sits within a clearance in the trees and its extension and alteration is not expected to result in any harm to these trees. Similarly the location of the sod banks is mostly in the field and outside of the registered tree area and so there is no harm or loss to be expected. DEFA Forestry also confirmed no objections.

6.6 The submitted plans includes new surfacing in the extended area and resurfacing of the existing hardstanding area which sits closer to the trees yet there is no detail to specify what the proposed finish. On discussion with the applicant, they stated that these areas are to be resurfaced in a similar loose aggregate material, and permeable. For the avoidance of doubt this is to be added by condition to ensure no new harm to the trees beyond the existing arrangement and to limit any potential surface water run-off.

6.7 Comments were received from Ecosystems in concern to the loss of the sod bank, however following site visits and additional information being submitted by the applicant detailing native planting for the banks and areas set aside for the planting of any tree whips found during the clearance of the existing sod banks and vegetation, DEFA Ecosystems confirmed that they were content with the level of information and detail provided and request that this be secured by condition.

CONCLUSION 7.1 On review of the application and the additional information provided, it is considered that subject to conditions relating to the landscaping and planting, timing of works for replacement sod bank, hardstanding surface finish details, and that the existing building and its extensions remain only for their approved use and the extension removal should it no longer be required for its approved use, that the works to the building and sod banks are considered to have an acceptable visual and amenity impact and not to result in any adverse harm or loss to woodland area of habitats in accordance with EP1, EP2, EP3, EP4, EP15, EP27 and GP3(f) of the Isle of Man Strategic Plan 2016. Two notes shall be added in respect of vegetation and sod bank removal to advise the applicant that removal outside of these times could impact nesting birds or lizards which would be an offence under the Wildlife Act 1990.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

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(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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 16.01.2023

Signed : L KINRADE 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

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