**Document:** Planning Officer Report 08/00954/B **Application:** 08/00954/B — Erection of agricultural building and reinstate access **Decision:** Refused **Decision Date:** 2008-08-18 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85564-malew-ballamodha-straight-agricultural-building-reinstate/documents/1589579 --- # Planning Officer Report 08/00954/B **Application No.:** 08/00954/B **Applicant:** Mr T Glassey **Proposal:** Erection of agricultural building and reinstate access **Site Address:** Field 430660 Ballamodha Straight Ballamodha Ballasalla Isle Of Man ### Considerations Case Officer : Miss S E Corlett **Expected Decision Level:** Planning Committee ### Written Representations White Lodge Ballamodha Straight Ballamodha Ballasalla Interest expressed ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Malew Parish Commissioners Notes: No objection Consultee : Manx Electricity Authority Notes: There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site. Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 \& GS6. ### Officer's Report ### The Site The site represents a field which lies on the eastern side of the Ballamodha Straight (A3) between existing properties Cooyrt Vane to the south (separated from the site by a field) and White Lodge, to the north (separated from the site by two larger fields). The site has a frontage of 40 m and is 95 m deep. Access to the site is from the east via a lane which runs parallel with the A3. The applicant also owns other land in the vicinity, identified in PA 07/2375 including a field to the north of White Lodge (430539), as is indicated in this application as well as the field of which the application site forms part on the aerial photograph - number 434756 and the field to the north 434561. At present, there is no separate field 430660 as is defined on the plan - this is part of field 434756. The applicant has explained that he still owns all of the land which is referred to in PA 07/2375 and that the field which is the subject of this application is not presently a separate field but was once and he proposes to reconstruct the hedge to separate it from the field to the north. ## PLANNING STATUS The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is, not designated for development. ## PLANNING HISTORY There have been no planning applications for the development of the field which is the site of this application. There have, however, been applications, some current, for the development of land in the vicinity of this site, by the current applicant. These are as follows: - PA 07/2375 - erection of stables and store - permitted - field 430539 - PA 07/2260 - approval in principle for erection of a dwelling - refused and presently the subject of an appeal - field 434756. This is in fact alongside the Ballamodha Straight in the same field as the current application proposal. - PA 06/0998 - erection of a dormer bungalow - refused on appeal - field 430539 - PA 03/1565 - conversion of agricultural building to tourist accommodation with extensions - refused on appeal - field 430539 - PA 03/0749 - erection of extension to existing stables - pc declined to consider - field 430539 - PA 02/1393 - erection of agricultural building to provide hay store - refused at appeal - field 430539 - PA 02/1393 - erection of agricultural building to provide hay store - refused on appeal - field 430539 - PA 01/2122 - erection of agricultural building - refused on appeal - field 430539 - PA 01/0175 - extension to stables to provide vehicle store and erection of new stables - refused on appeal - field 430539 - PA 00/664 - approval in principle for erection of dwelling - refused on appeal - field 430539 - PA 98/1352 - erection of agricultural building (amendment to PA 98/0098) and creation of vehicular access - permitted - field 430539 - PA 98/0098 - erection of agricultural building - permitted - field 430539 - PA 95/1636 - erection of horse stables and creation of new access - permitted - field 430539 and PA 95/1170 - approval in principle for erection of dwelling - refused on review - field 430539. Of the approved developments, there is a small agricultural store alongside the A3. The buildings which were permitted at the eastern end of field 430539 were built other than in accordance with the approved plans and the most recent permission, PA 07/2375 has been permitted to erect stabling which is single storey. ## THE PROPOSAL Proposed here is the erection of an agricultural building at the eastern end of what appears from the plans to be a contained field, but from the aerial photograph is part of field 434756 which is not included within the defined site although it appears to be within the applicant's ownership as indicated in PA 07/2375. REPRESENTATIONS Malew Parish Commissioners indicate that they have no objection to the application. 31 July 2008 08/00954/B The owner of White Lodge indicates that he objected to the application for a dwelling on the same site as it contravened the provisions of the Strategic Plan. He suggests that he has a general concern about the increasing amount of isolated agricultural buildings in the Island's countryside. The Manx Electricity Authority recommend a note regarding existing electricity supplies. This is a material planning consideration as the overhead supply is close but would appear to be outwith the 9m separation required under Energy Policy 2 of the Strategic Plan. Department of Transport Highways and Traffic Division do not oppose the application. ## Assessment There is no supporting information to suggest why a building is required in this location. The Strategic Plan, Environment Policy 15 states 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 relevant that a relatively recent application for a different applicant was refused on appeal for a new building to the north of this site (PA 07/01913/B) which was refused on appeal. The Inspector commented that "The proposed development would introduce a building onto an open site in the countryside. In my view this would mar the rural scene and might well be regarded as a precedent to justify further similar development. The purpose of the proposed development would be to provide storage space for Mr. Spiers's personal belongings. He does not work in agriculture, and despite the description of the proposed development in the planning application, there is no evidence that the storage building would be used for agricultural purposes". This application differs from the present one in that the application is supported by some agricultural justification and also the building is set much further back from the road and with significantly more agricultural land associated with it. The applicant has explained to me that he would have liked the new building to be built further to the north, however, there are covenants on all of the other fields which prevent any building. This covenant was imposed in connection with the occupant of White Lodge. He considers that a siting within the field in which the stables are to be built is inappropriate as the agricultural building proposed here is for cattle and the stables are for horses. Advice has been sought from Department of Agriculture, Fisheries and Forestry's Agricultural Advisor who states that the operation is not viewed by them as a full time agricultural business although the applicant's herd is registered with them under his wife's name. They advise that they have been told by the applicant that the building will be used partly for the housing of livestock and partly for the restoration of vintage agricultural machinery and that the building will accommodate 15 suckler cows. deff notes that the applicant's primary occupation s providing waste transport from the Island's only abbatoir and has some involvement in the trading and restoring of vintage tractors. The building would not be eligible for grant support from Department of Agriculture, Fisheries and Forestry's Farm and Horticultural Improvement Scheme and in summary the building is not agriculturally justified. The Strategic Plan states that only in exceptional circumstances will isolated buildings be permitted and bearing in mind the advice from Department of Agriculture, Fisheries and Forestry, it would not seem that there is an exceptional case here. #### 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. The owner of White Lodge is not alongside the application site and as such should not be afforded party status in this instance. The Manx Electricity Authority raise issues which are material considerations and referred to in the Strategic Plan and as such should be afforded party status in this instance. #### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 31.07.2008 #### 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. Whilst there would appear to be some agricultural benefit to the applicant to having a building on the site, the building would not appear to be completely justified in agricultural terms, based upon advice from the Department of Agriculture, Fisheries and Forestry. The Strategic Plan states that only in exceptional circumstances will isolated buildings be permitted in the Island's countryside (Environment Policy 15) and there would not appear to be exceptional circumstances in this case. #### Decision Made: **Committee Meeting Date:** ______________________ 31 July 2008 08/00954/8 --- *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/85564-malew-ballamodha-straight-agricultural-building-reinstate/documents/1589579*