**Document:** DEC Officer Report **Application:** 19/00625/B — Alterations, erection of a tractor shed and storage shed / workshop and use of part of field for recreational use (retrospective) **Decision:** Refused **Decision Date:** 2019-07-10 **Parish:** Jurby **Document Type:** report / officer_report **Source:** https://planningportal.im/a/29953-jurby-sandygate-ramsey-alterations-erection-tractor-retrospective/documents/1050888 --- # DEC Officer Report **Application No.:** 19/00625/B **Applicant:** Mr Richard Wilkinson **Proposal:** Alterations, erection of a tractor shed and storage shed / workshop and use of part of field for recreational use (retrospective) **Site Address:** Field 211090 Sandygate Ramsey Isle of Man **Planning Officer:** Mr Nick Salt **Photo Taken:** 04.07.2019 **Site Visit:** 04.07.2019 **Expected Decision Level:** Officer Delegation **Recommended Decision:** Refused **Date of Recommendation:** 10.07.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The erection of the proposed sheds and parking of the vehicles would have a detrimental visual impact which would harm the character and quality of the landscape contrary to General Policy 3 and Environment Policies 1 and 15 of the IOM Strategic Plan. - R 2.The development amounts to residential development in the countryside due to its semipermanent nature. Accordingly, it does meet the exceptions to a presumption against new development in the countryside as set out in the Isle of Man Strategic Plan 2016 Spatial Policy 5, General Policy 3, Housing Policy 4, the Strategic Aim and Strategic Policies 1 and 2. _______________________________________________________________ ## Interested Person Status – Additional Persons It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): Upper Ballacyre, Sandygate Ballacrye Farm, Sandygate as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________ ## Officer’s Report 1.0 SITE DESCRIPTION - 1.1 The application site is within a field identified as 211090, of which is constitutes around 0.21 acres in the north eastern corner beside the field entrance. The site is accessed from a narrow private gravel lane which serves properties "Ballacrye" and "Upper Ballacrye" and numerous fields either side. The private lane is accessed from Sandygate Road to the south. - 1.2 The photographs provided by the applicant show vehicles including a motorhome, as well as three timber shed structures, gates, a flagpole and various planting features within that part of the field. Building 1 is a 9m2 tractor shed with a felt roof on a concrete slab, Building 2 is 19.2m2 and partially built f timber construction. It will have two windows when completed and a self-composting toilet along with store for animal feed. - 2.0 THE PROPOSAL 2.1 The application is a retrospective one for the change of use of the agricultural field to a recreational/agricultural/horticultural use, and for the alterations to the site including the erection of the tractor shed and storage shed/workshop. - 2.2 The scope of works would see the use of the field being used to store a motorhome from March to September for holiday use. Also the erection of the aforementioned structures and entrance. - 2.3 In support of the application the applicant notes; they travel to and from the Island for Motorsport activities during the summer months and also marshal at these; the site allows for storage of their motorhome and motorbike also for the maintenance of the fields and their intention is to plant more trees and cultivate a vegetable plot, as well as to keep livestock. ## - 3.0 PLANNING HISTORY 3.1 A similar application 18/00823/B for the same use of the field, only over a larger area, was refused. The single reason for refusal was: "The erection of the proposed sheds and parking of the vehicles would have a detrimental visual impact which would harm the character and quality of the landscape contrary to General - Policy 3 and Environment Policies 1 and 21 of the IOM Strategic Plan." 3.2 This application was then brought to an appeal (AP18/0051) after which the initial decision was upheld. - 4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area zoned as white land / open space, i.e. not designated for development on Isle of Man Planning Development Plan Order 1982. - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 4.3 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. This is reiterated in Housing Policy 4 and supported by the Strategic Aim and Strategic Policies 1 and 2. 4.4 General Policy 3: "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; 4.5 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 overriding 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. - 4.6 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." ## - 5.0 REPRESENTATIONS 5.1 Jubry Parish Commissioners oppose the application as "the land is agricultural and therefore not zoned for development as proposed" (06.07.19). 5.2 A letter was received in objection to the development from Upper Ballacyre, Sandygate (28.06.19). The main reasons for objection centre around the amenity of the neighbours and adverse impacts from noise and general 'coming and going', as well as the unsuitability of the use in the agricultural field. The objector also notes that they do not believe that sheep or cattle could be kept on the field without "continued presence and care of an experienced farmer". It was also noted that the yellow site notice was not displayed. 5.3 Ballacrye Farm also objected to the proposal on the following grounds (25.06.19): - 1. The previous application which was similar was refused yet the use of the site continued. - 2. No yellow site notice. - 3. The original grounds for refusal at the previous appeal remain valid. - 4. The field in question is prime agricultural land bounded by similar fields, and the development is out of keeping with this. - 5. Visual impacts of the sheds etc on the surrounding landscape. - 6. Proposed keeping of livestock is not compatible with a part time recreational use of the site. - 7. Risk of a precedent of such development on agricultural fields elsewhere. ## - 6.0 ASSESSMENT 6.1 The key considerations in the assessment of this planning application are; - (i) the principle of development; - (ii) the visual impact of the proposed development on the character and appearance of the countryside. ### 6.2 Principle of the Development - 6.2.1 The site is not within any area zoned for development. As per Spatial Policy 5, any development in such a countryside area must therefore meet the test of General Policy 3. Prior to this development, the site was used as part of an agricultural field, the works must therefore meet agricultural need. As there are no agricultural operations currently taking place on this site, and as the structures in questions appear more as domestic sheds, it is not considered that sufficient agricultural need has been demonstrated in this case. The proposal is therefore unacceptable in principle. If this development were to be considered acceptable, there would be little to resist similar fields on the island being permanently used for this purpose, reducing the amount of agricultural land and increasing the level of built development in the countryside. - 6.3 Visual and Countryside Impact - 6.3.1 Additionally, any countryside development must be carefully assessed in respect of the impact it would have on the surrounding area. The previous refusal for this site, confirmed by the planning appeal outcome, made clear that the structures and use on this site were out of keeping with the countryside nature of the area and have a detrimental visual impact on the countryside. This remains the case, whilst the structures are themselves small, it is considered that the impact with the structures is greater than without, to the detriment of the character and quality of the countryside. - 7.0 CONCLUSION 7.1 In summary, the proposal does not accord with SP5, GP3, EP1 or EP15 of the Isle of Man Strategic Plan 2016, and is not in an area zoned for development as per the 1982 Development Plan. As outlined in the above assessment, the proposal is considered unacceptable and is recommended for refusal. - 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) 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. ## Decision Made : Refused Date: 10.07.2019 ## Determining officer Signed : S CORLETT Sarah Corlett Principal Planner 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. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/29953-jurby-sandygate-ramsey-alterations-erection-tractor-retrospective/documents/1050888*