**Document:** Officer Planning Report **Application:** 07/02152/B — Erection of an agricultural building **Decision:** Permitted **Decision Date:** 2008-02-27 **Parish:** Andreas **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84291-andreas-ballacallum-farm-lhen-agricultural-building/documents/1516093 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations ### Officer's Report #### Site The application site forms the curtilage of the Ballacallum Farm, The Lhen, Andreas which is located on the northern side of the A10 road. Within the curtilage of the site comprises a two storey detached dwelling and three barns. #### Land Use Zoing / Planning Policy The application site is within an area recognised as being an area of ‘white land’ not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, however the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Planning Scheme (Development Plan) Order 1982 - The Isle of Man Strategic Plan (20th June 2007) – General Policy 3 and Environmental Policy 2 #### Planning History The following applications are considered relevant in the determination of this application: Erection of replacement barn - 03/00591/B – APPROVED Extension to provide additional living accommodation and construction of workshop, store - 87/04116/B - APPROVED ### Proposal The seeks approval for the erection of an agricultural building. ### Representations Andreas Parish Commissioners:- *No objection* S.P.M.C. & E have objected to the submitted application and have made the following comments which can be summarised as; We are advised that these premises do not comprise a working farm; It would seem therefore, that this may be another case where a building of an agricultural type is proposed to be used for some other, non-agricultural enterprise, which should not be tolerated in the countryside (see currently 07/1913); If this is true then the Society Strongly Objects. The Authority has received no privately written representations objecting to the application. ### Assessment / Recommendation As the site is located within an area of ‘white land’, the following policies are relevant:- #### 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 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. The Agricultural Advisor from the Department of Agriculture, Fisheries and Forestry has commented on the proposed application to consider the agricultural justification. The Agricultural Advisor states:- "From the Departments records the most recent June Census submitted by the applicant (2005) identifies the size of the holding as 23.5 acres. The Census did not declare any agricultural activity was taking place, with no stock or cropping details declared". The Agricultural Advisor goes on to say:- "The land has been declared on the June census of a separate individual as being farmed as part of their business" The Agricultural Advisor conclusions are:- "On the basis of these comments, there are insufficient agricultural reasons to support this application, though there has been no site visit involved in establishing my comments". I have put the Agricultural Advisors comments to the Applicant, who has subsequently made the following comments:- "Mr Jones has just sold a farm in England where, he maintains, the modern sheds are much bigger than the modest two bay shed proposed at Ballacallum Farm". "...Mr Jones points out that the census referred to is three years old. As stated previously Mr Jones has sold his farm in England and intends to expand his current 23 acres by purchasing more land in the area as it becomes available for mixed farming, possibly organic, Ballacallum Farm being the centre" "Mr Jones has found, that living so close to the sea the salt laden air is causing his machinery presently in the yard, to rust quite badly which included, a Tele-handler, 100hp tractor, Kabota tractor, mower, harrows, three trailers, 360 digger, sprayer, concrete mixer and many more pieces of agricultural equipment. The new shed is required to house that machinery and protect them from the elements". The issue of whether there is significant agricultural justification is a debatable issue. This application is also similar to application 07/00751/B - erection of an agricultural building - Stables, Jurby Road, Lezayre, Ramsey, which was approved at Appeal. This application was initially refused at Planning Committee as "The site is located within an area not zoned for development; the applicant has not demonstrated agricultural need sufficient to set aside the general presumption against such development." The Appeal Inspector, who recommended that application should be approved, stated; "In my view there are reasons for treating this proposal favourably. Much depends upon whether the Minister and the Government intend to support small scale farming on the Island. The increasing numbers of small farmers can be expected to help support the industry as a whole on the Island, including those who supply the industry and those who process and market its products." The Appeal Inspector goes on to state: "In my view the appeal should succeed, and it will be my recommendation that permission should be given. However, if the minister agrees with this recommendation, it should be on the basis that there will undoubtedly be other similar proposals which come before the Department. The Minister may wish to make it clear that nay such application should be accompanied by a formal expert evaluation of the agricultural need for the building" From a visual impact the proposed barn would be located within the existing farm complex, next to adjacent barns. Additionally, the barn would be located some 100 metres from the public highway. Running along the southern boundary of the applicants site consist adjacent to the A10 road is a 2 metre high (approximately) sod bank and a number of hedgerows and trees. The applicant has also planted 300 trees north of the site and 600 trees to the west of the site (15 years ago), which would act as a natural screen from these positions as well as being screened in part by the existing buildings. Due to the reasons indicated above, the proposal would be sufficiently screened and would not have significant adverse impact upon the visual appearance of the surrounding countryside and/or upon the High Landscape or Coastal Value and Scenic Significance. From the Applicant’s letter, his current intentions are to expand his agricultural land holdings when the opportunities arise, particularly as he has sold his farm in England. If this proposal where to proposal a barn in an isolated field, then I would have concerns, however, as the barn would be located in the existing farm complex and would be very well screened from a public view. It is considered the justification to be adequate in this case, as the majority, if not all of the machinery to be stored is agricultural machinery. ### Recommendation For these reasons the proposals would be appropriate in this location and therefore my recommendation is for an approval. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Andreas Parish Commissioners Department of Transport Highways Division JAFF Agricultural Services I consider 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: ## S.P.M.C. & E ### 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. [Table omitted in markdown export] C 2. This approval relates to the agricultural barn as proposed in the submitted documents and drawings 86/7/1, 86/7/2 and 86/7/3 all received on 20th November 2007 and 18th February 2008. C 3. The building must only be used for agricultural purposes. C 4. Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the external finishes of the building. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : 2012.108 Signed : _________________________ Mrs F Mullen 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/84291-andreas-ballacallum-farm-lhen-agricultural-building/documents/1516093*