**Document:** DEC Officer Report
**Application:** 21/00334/B — Erection of an agricultural building and slurry storage tank
**Decision:** Permitted
**Decision Date:** 2021-06-16
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7355-malew-ballacubbon-farm-st-marks-road-agricultural-building-slurry/documents/931009

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# DEC Officer Report

**Application No.:** 21/00334/B
**Applicant:** Mr Jack David Garrett
**Proposal:** Erection of an agricultural building and slurry storage tank
**Site Address:** Ballacubbon Farm St Marks Road Ballasalla Isle Of Man IM9 3AG
**Planning Officer:** Miss Lucy Kinrade
**Recommended Decision:** Permitted
**Date of Recommendation:** 10.06.2021 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The agricultural developments hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.

Reason: The works have been exceptionally approved solely to meet agricultural need and their subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason. The application accords with General Policy 3(f), Environment Policy 1 and Environment Policy 15 of the IOM Strategic Plan 2016.

### Plans/Drawings/Information;

This approval relates to site plan, location plan, proposed site plan (nts), proposed shed plans and elevations, proposed slurry tank plans and elevations, slurry specification brochure, agricultural calculations appendix 2 and supporting statement by Rural Business Consultancy all received 08/04/2021.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

DOI Flood Risk Management _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application site is the existing farm and farm buildings at Ballacubbon Farm situated on the eastern side of St Marks Road, part way between Ballasalla and the hamlet of St Marks. The farm holding currently farms around 260acres with a mix of cattle and sheep. At present there are 85 dairy cows, 80 young calves, 12 finishing cattle and 80 1-2 year old cattle. - 1.2 The collection of buildings at the site comprises the farmhouse and several agricultural outbuildings, a new milking parlour was installed in 2018 and a new cubicle shed was approved and installed under PA 19/00208/B to cover the loss of rented units elsewhere that were no longer available for the farmer.

2.0 PROPOSAL - 2.1 Proposed now is the erection of another agricultural building specifically for the rearing of calves and for the storage or feed. The application also includes the installation of a slurry storage tank. - 2.2 The proposed building is to join the side elevation of existing buildings on the site, measuring approx. 27m x 12m and 4.2m to eaves and 5.7m to central ridge. The building it to be finished in a mix of concrete and metal sheeting and installed with roller shutters on one end providing access into the feed store. - 2.3 On the adjacent south side of the farm yard and on the eastern most side nearest the fields is to sit the proposed 24m wide diameter 3 ring slurry tank. The external walls are to measure approx. 3.6m high and are to be finished in metal panels.

## - 3.0 PLANNING HISTORY

3.1 The site has been subject to a number of previous planning applications for the erection of agricultural buildings in 1984, 1989 and 1999, all of which were approved. There was an application made in 2001 for alterations to the main house and most recently 19/00208/B was approved for an agricultural building. - 4.0 PLANNING POLICY

4.1 The application site is within an area not designated for development on the Area Plan for the South 2013. The site is not recognised as being at any flood risk on recent maps. Given the nature of the proposal is it relevant to consider the following policies of the Isle of Man Strategic Plan 2016 in the assessment of the current application:

4.2 General Policy 3 (states in part): "Development will not be permitted outside of those areas which are zoned for development

on the appropriate Area Plan with the exception of: (f) building and engineering operations which are essential for the conduct of agriculture or forestry."

4.3 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix

- 3 at A.3.6 or which is not designated for future development on an Area Plan. Development

which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

4.4 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 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".

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Malew Commissioners - No objections (13/05/2021)

5.2 The Department of Infrastructure Highway Services - do not oppose (10/05/2021)

5. The Department of Infrastructure Flood Risk Management - no interest (10/05/20201) 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are firstly whether or not the principles of the development are acceptable and secondly if there are any visual or amenity impacts as a result of its development on the character and appearance of the countryside and surrounding rural landscape.

## THE PRINCIPLE OF THE DEVELOPMENT

6.2 There is a general presumption against new development in the countryside as set out in Environment Policy 1 and General Policy 3 of the Strategic Plan, however there are exceptions to this with respect to agricultural buildings as covered in GP3(f).

6.3 As previously identified EP 15 the Department needs to be satisfied that there is agricultural or horticultural need for a new building to sufficiently outweigh the general policy against development in the countryside. In the case of this application supporting information has been provided to demonstrate the need for the new building and slurry tank to help support the continued growth of the established farm holding of the applicant and his parents who also farm at the site. - 6.4 The principle of the development of both the agricultural building and the slurry tank are considered to be acceptable and will help to support the continued growth of a farming business which provides local produce contributing to the Islands economy and working towards the aims of the DEFA Food Matters Strategy in growing the economic contribution of the Isle of Man food and drink from 2015 - 2025. THE VISUAL IMPACT OF THE PROPOSAL

6.6 The proposed building and slurry tank are fairly typical types of agricultural development and would not be uncommon in the rural landscape. The size, scale and siting of the structures joining with existing buildings and in close proximity to existing built development helps to limit the spread of development across the countryside and from the roadside and nearby locations the proposals will be read in conjunction with the existing farmstead and unlikely to result in any harmful or adverse visual impacts on the wider landscape to cause concern. In this respect the proposal is considered to accord with both EP1 and EP15. - 7.0 CONCLUSION

7.1 The application is considered to accord with GP3 (f), EP1 and EP15 of the IOM Strategic Plan 2016. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made: Permitted Date: 15.06.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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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/7355-malew-ballacubbon-farm-st-marks-road-agricultural-building-slurry/documents/931009*
