**Document:** Planning Officer Report
**Application:** 12/01512/B — Erection of an agricultural building to store agricultural machinery
**Decision:** Permitted
**Decision Date:** 2012-12-18
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/3573-malew-ballawhetstone-douglas-road-ballabeg-shop/documents/1170981

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# Planning Officer Report

## Planning Officer Report And Recommendations [Table omitted in markdown export]

## Officer's Report

### 1.0 The Site

1.1 The site represents the curtilage of Ballawhetstone, Douglas Road. Ballabeg located on the southern side of the Douglas Road (A7) and south east of Ballabeg Village. The Farm complex is made up of a number of farm stone outbuildings, a farm house and a large modern agricultural barn (used for equestrian purposes).

### 2.0 Proposal

2.1 The application seeks approval of erection of an agricultural building to store agricultural machinery. The proposed shed would have a width of 18.2 metres, a depth of 36.4 metres and a maximum height of 6.7 metres. The proposal would be attached to the south elevation of the existing barn and would be of a similar size and proportions.

### 3.0 Planning Status

3.1 The application site is within an area recognised as being an area of 'High Landscape or Coastal Value and Scenic Significance and woodland', not zoned for development under the Isle of Man Development Plan Order 1982.

3.2 Under the Modified Draft plan for the South the site is designated as being within 'open space' again not zoned for development.

3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-

"Environment Policy 2: 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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."

"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:

- (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, historic, or social value and interest; (Housing Policy 11);
- (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

"Environment Policy 15: 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."

### 4.0 Planning History

4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:- 4.2 Application for a Certificate of Lawful Use of land for equestrian uses - 12/01135/LAW - APPROVED 4.3 Construction of agricultural building - 90/04149/B - APPROVED with the following condition attached:-

"The building (s) shall not be used for any other purpose than that indicated on the plan, or in the application without the consent of the Committee."

### 5.0 Representations

5.1 Malew Parish Commissioners and the Highway Division have no objection to the proposal.

## 6.0 Assessment

6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential for the conduct of agriculture or forestry.

6.2 Further to this policy, Environment Policy 15 also need consideration, as the first paragraph of this policy requires first the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.

6.3 To find whether the proposed barn would have a sufficient justification to comply with General Policy 3 and the first aspect of Environment Policy 15, the Authority has contacted the Agricultural Advisor from the Department of Environment, Food and Agricultural (DEFA) for their comments.

6.4 The Advisor has stated that the agricultural business consists of a small agricultural enterprise alongside an agricultural contracting business. The agricultural enterprise is based around 47 acres of land (40 acres owned) which 24 acres of cereals are grown annually with the remainder of the land utilised for horse grazing and growing of winter fodder. The cereal and grassland management operations have a labour requirement of 0.12 standard labour units (excluding horses - approx 20). The applicant also operates an extensive agricultural contracting service to other farmers across the Island providing specialist silage, cultivation and seed drilling services (2300 hours of service to customers). The agricultural enterprise and contracting business is approximately 2543 hours or 1.27 standard labour units.

6.5 The advisor also states that the proposed barn is intending to provide storage for cereals and the agricultural equipment (value approx £480,000) which is current kept outside on the site. Due to the large investment into machinery, the depreciation of the machines can be a significant sum due to being store outside in the elements.

6.6 The advisor concludes that: "...given the size of the agricultural contracting operation, there value of machinery and that no other buildings are available on site allowing for the storage or maintenance of machinery essential to the contracting business there is therefore a need for a building that would be beneficial for the continued operation of the business. The agricultural contracting business is likely to be essential to other farm business."

6.7 Given these comments and the need/requirements for the building outline by the Advisor, it is considered the proposal would be acceptable in terms of General Policy 3 and the first aspect of Environment Policy 15.

6.8 The next aspects of Environment Policy 15 which needs consideration are is regarding the siting and size and the design (materials & colour) of the proposal and whether the proposal would be a sympathetic to the landscape and built environment of which they will form a part.

6.9 The design, finish, form and scale is of a standard agricultural barn which is common throughout the Island.

6.10 The proposal would adjoin the existing barn within the farm complex. The main public views are likely to be found from the east and west of the site from the Douglas Road. The boundaries of the site do consist of mature trees and hedgerows which will reduce the appearance of the building, especially when foliage is in place on the trees. However, the barn will be apparent during winter periods more when trees are leafless, albeit given the

positioned, size, design and justification; it is not considered the proposal would have a significant impact upon the character of the countryside.

### 7.0 Recommendation

7.1 For these reasons the proposal is considered to be contrary to the relevant policies of the Strategic Plan and therefore recommended for an approval.

### 8.0 Party Status

8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:

Malew Parish Commissioners

8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 13.12.2012

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of an agricultural building to store agricultural machinery as proposed in the submitted documents and drawings 01 P2, 02 P2, 03 P2, 04 P2 and 05 P1 all received on 12th November 2012.

C 3. The building must be used only for agricultural purposes.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 13/12/12

### Determining officer (delete as appropriate)

Signed : A. H. B. M. Anthony Holmes Senior Planning Officer

Signed :
Michael Gallagher
Director of Planning and Building Control

Signed :
Sarah Corlett
Senior Planning Officer

Signed :
Jennifer Chance
Development Control Manager

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*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/3573-malew-ballawhetstone-douglas-road-ballabeg-shop/documents/1170981*