**Document:** Officer Planning Report **Application:** 10/00813/C — Erection of portakabin (Retrospective) for agricultural use **Decision:** Refused **Decision Date:** 2010-09-27 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36691-lezayre-allandale-farm-ballamanagh-road-portakabin-agricultural-use/documents/1559806 --- # Officer Planning Report **Application No.:** ** 10/00813/C ** **Applicant:** ** Mrs Linda Ann Thompson & Mr Vaughn Peter Williamson ** **Proposal:** ** Erection of portakabin (Retrospective) for agricultural use ** **Site Address:** ** - Allandale Farm - Ballamanagh Road - Sulby - Isle Of Man - IM7 2HB ### Considerations **Case Officer:** Mr Chris Balmer ** **Photo Taken:** ** - **Site Visit:** - **Expected Decision Level:** - Senior Planning Officer ### Written Representations - **11** Mull View Kirk Michael Isle Of Man IM6 1AQ - Objects to the proposal - **Ballacrosha Cottage Main Road Sulby Isle Of Man** - Supports the proposal ### Consultations **Consultee:** Highways Division **Notes:** **Consultee:** Lezayre Parish Commissioners **Notes:** - Refused: The Commissioners feel that this is a further application for the portakabin to be retained on the site. - 11.08.10 - approved. ### Officer's Report #### Site The site Allandale, Ballamanagh Road, Sulby, is indicated within the red line on the submitted location plan, on the northern side of the Ballamanagh Road and southeast of Sulby Village. #### Proposal The application seeks approval for the erection of portakabin (Retrospective) for agricultural use. #### Land Use Zoing / Planning Policies The application site is within the area covered by the Sulby Local Plan Order 1998. Under this the application site is within an area recognised as being in an area of open space (including agriculture). Under the Isle of Man Development Plan Order 1982 the site is also within an area of high landscape value. The following policies are therefore considered relevant in the consideration of this application: - The Isle of Man Strategic Plan (20th June 2007) - Sulby Local Plan - Policy: RES/P/3 - Planning Circular 3/91 - Guide to the design of residential development in the countryside - Isle of Man Planning Scheme (Development Plan) Order 1982 "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." "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." ## Planning History The previous planning applications are considered relevant in the assessment and determination of this application:- Erection of an agricultural barn - 10/01015/B - PENDING CONSIDERATION Extension to dwelling - 10/00860/B - PENDING CONSIDERATION Retention of existing portakabin for use as ancillary living accommodation - 09/01263/R - REFUSED on the following grounds:- 1. The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan, Sulby Local Plan and The Isle of Man Development Plan, which seek to restrict such development within the countryside. Approval of the planning application which is tantamount to the creation of a new residential dwelling would set an undesirable precedent for further such inappropriate development in the countryside. 2. Due the design, size and finish, the portakabin results in an adverse visual impact upon the character and quality of the landscape and introduces an incongruous visual intrusion in the countryside contrary to both Planning Circular 3/91 and Environmental Policy 2 of The Isle of Man Strategic Plan. Erection of a two storey extension (comprising an amendment to 07/00003/B) - 09/00797/B APPROVED Erection of a dwelling - 08/01431/B - REFUSED on the following grounds:- 1. "By reason that the application site is not designated for development and is located within a wider area of land designated as being of high landscape value and scenic significance the proposed development represents unwarranted development that is contrary to land use designation, local planning policy and strategic planning policy. Specifically, the proposed development is contrary to Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2007. 2. By reason of the proposed fenestration, principally the size and design the proposal would be contrary to Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside." Reserved matters application to erect a barn - Allandale Farm, Ballamanagh Road, Sulby 08/00524/REM - APPROVED Retention of vehicular access - Allandale Farm, Ballamanagh Road, Sulby - 07/00303/R - APPROVED Approval in principle for the erection of a barn - Allandale Farm, Ballamanagh Road, Sulby 06/01803/A - APPROVED ### Reprsentations Lezayre Parish Commissioners:- "approved." The owners/occupiers of 11 Mull View, Kirk Michael (owner of the directly adjacent site) has objected to the proposal on the following grounds; object to position of cabin on boundary; already have a large agricultural barn; and cabin has already been refused. The owners/occupiers of Ballacrosha Cottage, Main Road, Sulby has supported to the proposal on the following grounds; grate assistance to agricultural; the use for shower facilities, toilet and beverage making is very useful when working outside on the farm; working with chemicals use for sheep dipping is dangerous and shower facilities are beneficial to safety of workers. ## Assessment The portakabin is proposed to be used for essential storage and for washing/disinfection in connection with agricultural. There are two rooms within the portakabin, the first would be for the storage of storage containers for animal medicines and plant protection products. These under legislation need to be stored in locked, secure, impervious containers away from livestock. The remained of the room would be used as a farm office. Furthermore the portakabin will be used to store sheep dip in containers. The second room would be dedicated to enhancing farm bio security and providing welfare facilities for agricultural contractors and workers (shearing/dipping). This area would include the use of a shower and toilet and where workers can change clothing or footwear. As with any agricultural proposal for a building (barn/dwelling) the Planning Authority has requested advice from the Agricultural Adviser (DEFA) regarding the justification of the proposal. At the time of writing the advisor report (6th July) the farm had a labour requirement of 0.55 standard labour units. However, it is understood from a recently submitted application (10/01015/B), this labour unit has increased to 1.55 , due to additional land which has been leased by the applicant. The Adviser goes on to indicate that the storage of animal medicines and plant protection products is required under the farm assurance and the Departments Countryside Care Scheme. He states that they should be contained in a dry and protected from frost, well lit and ventilated, marked with warning signs, provide with suitable access and exits and be securely constructed from fire resistant materials. In conclusion the Adviser states that for bio security purposes on the farm, an area as indicated would benefit form such facilities, should it be used effectively. However he is concerned that the application details the use as chemicals store and little information is given as to how the chemical store is to be constructed in order for it to comply with guidelines and legislation. For any development in the countryside, General Policy 3 indicates that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan, unless the proposal would comply with the list of exceptions. One of these exceptions relates to, building and engineering operations which are essential for the conduct of agriculture or forestry. The Adviser has indicated that there are benefits for the provisions, but he does not indicate that the proposals would be essential. The Planning Authority has concern, given the applicant is indicating that the facility is essential. The question therefore has to be asked why they first proposed the use of the portakabin for ancillary living accommodation first, and not to be used as proposed now. The Adviser has also expressed concerns how the chemical store is to be constructed in order for it to comply with guidelines and legislation. The Planning Authority also shares the concerns of the Adviser regarding the storage of chemicals ctc in the portakabin as proposed. No details have been provide, and there is concern that given the relative poor insulation and ventilation, especially as showers are proposed and therefore potential for condensation and dampness, whether a portakabin is a acceptable provision. Certainly, for the information submitted this is not known. When the justification for an agricultural building has been proven and accepted by the Planning Authority, Environment Policy 15 requires to be considered. This policy states that 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. The proposal is a flat roofed portakabin, which has been clad in slab wood. The main dwelling house is a traditional designed Manx farm house, finished with render and a slate pitched roof. The agricultural barn is metal clad (dark green in colour) which is one of the materials used for agricultural barns on the Island. As indicated within Environment Policy 15 any agricultural building must 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. The cladded portakabin shares no features in terms of design or finishes with the existing dwelling or agricultural barn (existing \& proposed) and consequently appears as an incongruous feature within the landscape, contrary to Environment Policy 15. Furthermore, the site is within an area of High Landscape or Coastal Value and Scenic Significance. Environmental Policy 2 states that within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that; the development would not harm the character and quality of the landscape; or the location for the development is essential. It is important to highlight the Inspectors Report for the previous application (09/01263/R). The Inspector stated:- "Having visited the appeal site, I found the appearance of the portakabin to be quiet alien to other forms of development locally and sited some distance from the main farmhouse. The appellant has offered to remove the cladding, but even then the remaining building would still be out of character and in my opinion, objectionable in visual terms." Whilst the previous application was based on ancillary living accommodation, it is considered this view of the Inspector remains, not-matter what the proposed use maybe. Therefore, given the justification is not considered to be essential and given its design, finish and appearance, it is considered the unit does harm the character and quality of the landscape, therefore contrary to Environmental Policy 2 of the Isle of Man Strategic Plan. ## Recommendation In conclusion, the application site is not zoned for development and the proposal is contrary to established general planning policy, General Policy 3 of the Isle of Man Strategic Plan. Additionally, it is considered the proposal would be an intrusive feature within the countryside given its size, finish and design contrary to Planning Circular 3/91 and Environmental Policy 2 of the Isle of Man Strategic Plan. Approval of this application would set an undesirable precedent for further such inappropriate development in the countryside. Accordingly, it is recommended that the planning application be refused. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Lezayre Parish Commissioners The owners/occupiers of 11 Mull View, Kirk Michael It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The owners/occupiers of Ballacrosha Cottage, Main Road, Sulby 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:** Refused **Date of Recommendation:** 07.09.2010 **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. The retention of the portakabin for the proposed use, is not considered to be essential for the conduct of agricultural activities on this site, consequently the proposal would be contrary to General Policy 3 and Environmental Policy 15 of the Isle of Man Strategic Plan. R 2. Due the design, size and finish, the portakabin results in an adverse visual impact upon the character and quality of the landscape and introduces an incongruous visual intrusion in the countryside contrary to both Environmental Policy 15 and Environmental Policy 2 of The Isle of Man Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. **Decision Made :** Refused **Date :** 27 September 2010 **Signed :** 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/36691-lezayre-allandale-farm-ballamanagh-road-portakabin-agricultural-use/documents/1559806*