**Document:** Planning Officer Report and Recommendation
**Application:** 07/00769/B — Alterations to redundant farm building to form agricultural storage building
**Decision:** Refused
**Decision Date:** 2007-08-30
**Parish:** Maughold
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/82881-maughold-baldromma-mooar/documents/1496313

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# Planning Officer Report and Recommendation

## Department of Local Government and the Environment [Table omitted in markdown export] ### Rheynn Reiltys Ynnydagh as y Chymmyltaght Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF email: Anthony.Holmes@dlge.gov.im Tel: (01624) 685947 Fax: (01624) 686443 Director of Planning & Building Control M.I. McCauley, M.R.T.P.I. Mr A Johnstone Planning Appeals Administrator Crown Division Chief Secretary’s Office Government Offices Douglas IM1 3PG Your ref: AP07/0171 Our ref: 07/00769/B 1st October 2007 Dear Mr Johnstone, Re: PA 07/00769/B – Alterations to redundant farm building to form agricultural storage building. Baldromma Mooar, Maughold. Please find enclosed 10 copies of a statement that sets out the position of Planning Authority in respect of the above planning application.

The statement comprises of the case officer’s report which was considered by the Planning Committee when determining the application. The recommendations in the report were accepted in all respects; and

Yours sincerely

Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer

enc.

## Appeal statement on behalf of the Planning Authority

Appeal no: 07/0171 Planning application no: 07/00769/B **Subject:** Alterations to redundant farm building to form agricultural storage building. Baldromma Mooar, Maughold. **Appeal by:** The applicant against the Planning Authority’s decision to refuse planning approval.

## Planning Report And Recommendations

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### Considerations

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### Written Representations

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### Consultations

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### Officer's Report

## THE APPLICATION SITE AND PROPOSED DEVELOPMENT

The application site comprises land located within a field adjacent to Maughold Village.

The proposed development comprises of the alteration and extension of an existing redundant farm building to form a new agricultural storage building.

## PLANNING HISTORY

The application site has not been the subject of any previous planning applications that are considered material to the assessment of this current planning application.

REPRESENTATIONS Maughold Parish Commissioners recommend that the planning application be approved. The Department of Transport Drainage Division do not oppose the planning application subject to conditions.

Manx National Heritage express concern regarding the impact of the proposed building on the setting of the adjacent Maughold Church and the ancient crosses contained within it.

The Society for the Preservation of the Manx Countryside and Environment express concerns regarding the appearance of the proposed building.

The Vicar and Wardens of Kirk Maughold express concern regarding the impact of the proposed building on the setting of the adjacent Maughold Church and the ancient crosses contained within it.

The owners and/or occupants of Dhrynane House, which neighbours the application site, object to the planning application. Whilst they can understand the desire for an additional building they are concerned that the position of the proposed building in close proximity to their property will result in undue impact on their residential amenity. They express concerns regarding the size of the proposed building, its appearance and potential disturbance arising from its use.

### Planning Policy

The application site is not designated for any site specific land use under the 1982 Development Plan Order and, as such, constitutes 'white land' on the plan. It is situated within a wider area of land that is designated as having high landscape or coastal value and scenic significance. It is also located within Maughold Conservation Area.

It is considered that there are two policies within the Isle of Man Strategic Plan that are specifically material to the assessment of the planning application.

### General Policy 3 states:

"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 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."

### Assessment

The planning application seeks approval to alter and extend a redundant, and derelict, stone barn into an agricultural building. The proposal basically seeks to construct a new building within the old stone barn. The planning application is accompanied by supporting justification from the Department of Agriculture, Fisheries and Forestry. Based on this supporting justification it is accepted that there is a need for a building within the farm holding.

Setting aside the issue of principle it remains necessary to assess the site specific impacts of the proposed development. One of the key issues in this respect is the proximity of the proposed development to residential properties. Being agricultural the proposed building could be used for a wide variety of activities, the majority of which are capable of generating noise disturbance either through animal or machine related operations. This issue of proximity is specifically covered by the final paragraph of Environment Policy 15, which basically sets out the need to balance impact on residential amenity against visual impact on isolated sites. In this instance, and after viewing the application site from the garden of Dhrynane House, it clear that the distance between the proposed development and residential properties is such that it is reasonable to conclude that the use of the proposed building would have an unacceptably adverse impact on residential amenity. Whilst the desire to incorporate old derelict stone building into the fabric of the new building is understandable its location is inappropriate. Given that there are other sites within the applicant's ownership that could be used that are away from residential property it is considered inappropriate to develop in the proposed location.

Furthermore, the setting of the adjacent Maughold Cross House is a consideration that has been raised by a number of representations to the planning application. The setting of this adjacent building will be affected by the proposed building simply by reason of its size and position. That effect is considered to be inappropriate when there are other sites within the applicant's ownership that could be utilised without affecting the setting.

The siting of an appropriate size agricultural building closer to the farm group, away from Maughold Village, would be most appropriate location.

It is recommended that the planning application be refused.

### Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

- Maughold Parish Commissioners;
- The Department of Transport Drainage Division;
- Manx National Heritage;
- The Vicar and Wardens of Kirk Maughold; and
- The owners and/or occupants of Dhrynane House.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- The Society for the Preservation of the Manx Countryside and Environment.

### Suggested Conditions

Whilst it is recommended that the planning application be refused, should planning approval subsequently be granted at appeal the following conditions are suggested:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to drawing no.s 06007401, 06007403 and 06007404 date stamped the 19th April 2007.
3. The building permitted by this approval must only be used for agricultural purposes. For the avoidance of doubt, agriculture is defined under Section 45 (1) of the Town and Country Planning Act 1999.

### Recommendation

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

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

R 1. Due to the proximity of the application site to adjacent residential properties within Maughold Village the use of the proposed building would result in an unacceptable adverse impact on residential amenity. As such the planning application fails to comply with the provisions of Environment Policy 15 of the Isle of Man Strategic Plan.

R 2. By reason of its size and position the proposed building would adversely affect the setting of Maughold Cross House and its setting within the Conservation Area.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made: Refused Date: 23/8/07

Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control

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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/82881-maughold-baldromma-mooar/documents/1496313*