**Document:** Officer Planning Report **Application:** 09/01639/B — Erection of an agricultural storage building **Decision:** Refused **Decision Date:** 2010-01-26 **Parish:** Arbory **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64112-arbory-ballakillowey-road-agricultural-storage-building/documents/1391283 --- # Officer Planning Report **Application No.:** 09/01639/B **Applicant:** Mr Chris Bateson **Proposal:** Erection of an agricultural storage building **Site Address:** Field 414487 Ballakillowey Road Colby Isle Of Man ### Considerations Case Officer: Miss S E Corlett **Photo Taken:** 02.12.2009 **Site Visit:** 02.12.2009 **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not oppose Consulttee: Rushen Commissioners Notes: comment Consulttee: Manx Electricity Authority Notes: Comments received ### Officer's Report #### The Site The site represents a field which lies to the south of the junction of the B44 Ballakilpheric Road and the A36 Sloc Road. The field is approximately 1.5 acres in size and has no buildings on it. The field has traditional hedging around it. To the north across the Ballakilpheric Road is Lhingague Cottage and to the west across the Sloc Road is Fern Villa. #### Planning Status The site lies within an area of an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982. On the draft Southern Area Plan published on 23rd October, 2009 the site lies within an area of Landscape Classification of Southern Uplands with the following advice: "The Southern Uplands are punctuated, like much of the southern landscape, by towers of one sort or another. Former mine buildings generally have a positive visual impact, and have value and interest in terms of the built, cultural, and historic landscape. However, more modern structures usually lack visual attraction and are often sited in particularly conspicuous locations." The Landscape Character Assessment goes on to state: "The overall strategy for the protection and enhancement of the Uplands Landscape Character Type is to conserve and enhance: the predominantly open and exposed character of the moorland hills and mountain summits; the generally uninterrupted skyline and panoramic views across the lower slopes and plains towards the sea; the strong sense of tranquility and remoteness; and the distinctive features of cultural heritage and nature conservation interest". It goes on "Any buildings which are deemed necessary should avoid exposed or visually-prominent locations, and should reflect local building materials and styles". ### Planning History The site, along with the field to the south was formerly associated with Kirkle Farm to the north west and this land was the subject of PA 87/4192 which proposed the principle of a replacement farmhouse which was refused. ### The Proposal Proposed here is the erection of a building for use as agricultural storage - sheep and livestock feed and equipment. ### Representations MEA make comments regarding the existing overhead electricity lines which are close to the proposed building - in fact on the road immediately alongside the proposed building. The Strategic Plan requires that a corridor of 9m from the centre of the pole is retained for safety reasons (Energy Policy 2). The proposal would conflict with this. Department of Transport Highways and Traffic Division indicate that they do not oppose the application Rushen Parish Commissioners object to the application on the basis that there is no acknowledged need for the building, the site is too small to justify a new building and the building is not suitable for keeping livestock as there is no ventilation. ### Assessment No further information has been received, despite two enquiries to the applicant's agent to this effect. The site is modest in area and there is no supporting information to justify any need for the building. 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 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 is it 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". It is considered that there is no justification for the building and as such it would be contrary to the provisions of this policy. Furthermore the building is of modern design, contrary to the advice of the draft Landscape Circular. Whilst there is a very prominent and much larger modern agricultural building sited on higher ground to the west, this is an example of why modern buildings should not be permitted in such a sensitive landscape. This proposed building would be immediately alongside the road and visible by those using the public highway network. The site is also immediately alongside the Parish Walk route - an annual sporting event which is televised and the subject of considerable public interest which results in significant amounts of people using this roadway during the event which is held in June and those practising for the event. In other words, despite its remoteness, the road is well used at certain times of the year and there will be significant numbers of people who will see this building were it permitted and built. Also, the building would be positioned within 9m of an existing overhead electricity line, contrary to the provisions of Energy Policy 2. The applicant’s agent has been contacted twice to obtain further supporting information and none has been forthcoming. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Manx Electricity Authority raise an issue which is a material planning consideration and as such should be afforded party status in this instance. ### Recommendation Recommended Decision: Refused Date of Recommendation: 15.01.2010 ### 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 R 1. The application site, and thus, the land which is associated with the application is insufficient to justify the erection of this building, which is not sited alongside other buildings and as such is relatively isolated within the landscape. As such it would be contrary to the provisions of Environment Policy 15 of the Strategic Plan. R 2. The building would be constructed within the 9m corridor each side of an existing overhead electricity supply, contrary to the provisions of Energy Policy 2 of the Strategic Plan. R 3. Notwithstanding that there are policy objections to the principle of any building on this site (see reason 1 above), the building is modern in appearance and finish, contrary to the rural character of the area where the few buildings which exist are generally traditional in nature and finish. I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Refused Date: 25 January 2010 Signed: [Signature] Senior Planning Officer --- *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/64112-arbory-ballakillowey-road-agricultural-storage-building/documents/1391283*