**Document:** DEC Officer Report
**Application:** 21/01061/B — Erection of two cattle shelters and two silage pits
**Decision:** Permitted
**Decision Date:** 2022-02-07
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/8136-german-staarvey-road-two-cattle-shelters/documents/940783

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATIONS

**Applicant:** Mr Paul Corteen Proposal Erection of two cattle shelters and two silage pits Site Address Field 310653 And 310651 Staarvey Road Peel Isle Of Man Case Officer : Mr S Butler
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 20.01.2022

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. All external sheeting of the proposed buildings shall be a dark green or olive green colour. Reason: to minimise the visual and landscape impact of the buildings.
- C 2. The buildings and the site shall be used only for agricultural purposes.

Reason: the proposal has been approved only due to being required for agricultural purposes in accordance with General Policy 3 of the Strategic Plan (2016).

- C 3. The proposed buildings must be fitted with open protected roof ridges to provide suitable ventilation for livestock and the silage pits provided with a non permeable base to prevent contamination of the adjacent water course.

Reason: to protect the wider environment in accordance with Environment Policy 22 of the Strategic Plan (2016).

- C 4. Within 1 month of this decision becoming final, and prior to any further work taking place on the site, details shall be submitted to and approved in writing by the Department which set out measures for a viviparous lizard and common frog mitigation and enhancement plan. The plan shall be created by a suitable qualified ecological consultancy and include details of replacement habitat features appropriate for frogs and lizards and a timescale for implementation. The plan shall be implemented in accordance with the approved details.

Reason: in order to mitigate for the loss of habitat and comply with General Policy 2(d) and Environment Policies 4 and 5 of the Strategic Plan (2016).

This application has been recommended for approval for the following reason. It is considered that the proposal complies with General Policy 3 and Environment Policy 15 of the Strategic Plan and no material issues have been identified which would justify refusal, subject to the imposition of conditions.

Plans/Drawings/Information; This decision relates to the following information (received 01.10.2021):

- - Location Plan (P01);
- - Site Plan (P-02);
- - Proposed Plan, Sections & Elevations (P-03); and
- - Planning Statement. _______________________________________________________________

## Interested Person Status

Additional Persons None ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER (ENFORCEMENT).

1.0 THE SITE - 1.1 The site is a parcel of land situated on the western side of the Staarvey Road - the highway which runs north-south between the A4 coast road and the A3 TT course. There is an existing agricultural building, which is to be retained. The site slopes downward from east to west and is served by an existing access from the Staarvey Road. A public footpath runs to the north and east of the site, almost on the boundary of the northern part of the development area. The access road goes past a cottage.

2.0 THE PROPOSAL - 2.1 The proposal is similar to a previous application (12/01594/B) not commenced, but works started in 2021 (once expired). Current application responds to enforcement and seeks regularisation. - 2.2 The works comprise:

- - two cattle-shelters (Roof: Green fibre cement corrugated sheets with rooflights of polycarbonate sheets; Walls: Cast-insitu concrete lower walls with hit and miss treated timber boarding above; Floors: Insitu concrete; Rainwater goods: Green colour-coated steel;
- - Yard hardstanding (Compacted stone chippings to give a permeable surface);
- - two silage pits (cast-insitu concrete walls and floors); and
- - a vehicle link to the existing farm (created through the existing bank, and will be stoned up to provide a permeable road access. The main access on Staarvey Road will continue to be the vehicular access for the farm)

2.3 The location Plan shows the site and access to road, with substantial land holding in blue. The site plan shows existing barn and hardstanding, proposed sheds (2 no. with 6m wide apron around buildings) side-by-side with proposed silage bays to North. A gas pipe corridor is shown running through the south of the site. It indicates a new surface water drain shown to terminate. No landscaping is proposed. - 2.4 The application form indicates that full approval is sought for Erect Two Cattle Shelters and Two Silage Pits. The existing and proposed use is agriculture. - 2.5 The site is not within a Conservation or flood risk area (although some small surface water drainage areas are noted on edge of site according to latest flooding maps). No changes to access are proposed and no parking spaces are existing or proposed.

2.6 The proposal does indicate a change in site levels, but states there will be no import or export of fill. The proposal does require new electricity and water services. Rainwater is to be collected and discarded to the field. Foul Sewage is marked as "N/A". No trees or hedgerows within 15m of site or water course within 9 m. PLANNING STATEMENT - 2.7 The Planning Statement indicates c400 head of cattle and shelter space for c220, therefore needs addition 200 for winter months - which is beneficial for both the cattle and wider environment. The statement highlights the following points.

- - Site location chosen as: 1. The farm already has an established cattle-shelter; 2. The farm has an established and suitable vehicle access; 3. The farm is remote and the selected site is not visible from the nearby road; and 4. The site can be developed without harm to the local ecology and habitat; and without nuisance to neighbours
- - The following measures are proposed regarding the protection of water: roof over the cattle feed/bedding areas; o collect all roof rainwater through sealed gulleys and discharge to the field, as agreed with IOMWASA Land Drainage; o enclose and cover the silage pits; o collect cattle waste/bedding regularly, store it safely and when appropriate, spread it on his fields; and o make up the yard area in stone giving a permeable surface, reducing run off.
- - Statement includes, "Surface water drains will collect the rainwater and discharge to the field. This has been agreed with Mr Chris Lally of IOMWASALand Drainage" which is verbatim as per 2012 application so not clear if fresh agreement or reference to previous agreement.
- - Protection of Ecology is to be achieved by preventing run-off entering any of the nearby watercourse (as described under 2.07); siting the proposed development away from the field boundaries, ditches and Manx bank/hedgerows; and working with the Senior Biodiversity Officer, DEFA to address any concern that may arise due to the presence of frogs or lizards

2.8 Applicants notes similar applications such as 04/01472/B erection of an agricultural shed and creation of an access road onto Staarvey Road, was Approved on Review on 25th February 2005.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as High Landscape Value and Scenic Significance. There are a number of Strategic Plan policies that are relevant, in particular:

General Policy 3 states that, "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";

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".

3.2 The following policies are also relevant:

- - General Policy 2 - Development Control considerations, including landscape impact an protecting wildlife;
- - Environment Policy 1 - protection of countryside;
- - Environment Policy 2 - protection of landscape;
- - Environment Policies 4 and 5 - protection of ecology;
- - Environment Policy 7 - protection of watercourses;
- - Environment Policy 8 - "Agricultural buildings will not be permitted on sites where their existence and associated discharges would result in a breach of the "Code of Good Agricultural Practice for the Protection of Water";
- - Environment Policy 21 states, "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used";
- - Environment Policy 22 - prevention of pollution;
- - Community Policy 11 - prevention of outbreak and spread of fire; and
- - Infrastructure Policy 5 - water conservation and management measures.

4.0 PLANNING HISTORY - 4.1 This application is a resubmission of 12/01594/B which was for Erection of two cattle shelters and two silage pits with associated hard standing and surface water drainage. The key differences between the previous application and the current are:

- - Ground level shown as +156.5 (proposed is now +157)
- - Height (just under roof) as 7249 (proposed now is 6839)
- - 45x23m wide (proposed 49x20)

4.2 The Officers Report for the previous application stated, "6.1 The proposed buildings will be sited alongside an existing agricultural building which is in accordance with the guidance in the Strategic Plan, rather than having isolated structures which could undermining the character of the Manx countryside. In addition, the location of the existing and proposed buildings below the level of the road assists in the mitigation of visual impact of the new structures from this view, although the buildings will be clearly visible from the public footpath which runs around the periphery of the site. Bearing in mind the existing visual impact it is not considered that the proposed additional buildings and structures will result in such an additional impact as to warrant refusal of the application for that reason.

6.2 Animal welfare is important and if animals are to be wintered here it is important that there are appropriate facilities to accommodate them. This part of the Island is particularly susceptible to snow and can be inaccessible in severe weather which makes the need for indoor facilities more pressing. - 6.3 The site clearly forms part of a rotation arrangement where the animals are moved from site to site throughout the year, allowing the sites to recover. Whilst it is noted that the Agricultural Adviser suggests that "the proposed buildings at Bwoailliecowlie are likely to be excessive for the unit should it every be operated in isolation from the other units", the buildings are unlikely to be useful for any other purpose bearing in mind their design, position and particularly the access to the site. - 6.4 The evidence from the Isle of Man Fat Stock would indicate that the operation is important for local beef production and the information from the Agricultural Adviser concludes that the buildings are justified in agricultural terms and as such, whilst the justification comes from the aggregation of three different sites rather than one large unit, it is no more likely that parts of the holding will cease to be associated with the remainder, than if in the case of one large holding, parts of it could be sold off. As such, it is considered that the proposal complies with the provisions of GP 3 and EP 15 and is recommended for approval".

4.3 The following conditions were attached:

- - C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
- - C 2. This permission relates to the erection of two agricultural buildings and silage pits and associated drainage all as shown in drawings P01A, P02 and P03 all received on 30th November, 2013.
- - C 3. All external sheeting of the proposed buildings shall be a dark green or olive green colour.
- - C 4. The buildings and the site shall be used only for agricultural purposes.
- - C 5. Prior to the commencement of any works, including excavation, the applicant must have undertaken by a suitably qualified body and approved by the Planning Authority, a survey of the site for lizards and frogs together with recommendations for protection or mitigation of any species or habitats found. The development must thereafter be undertaken in accordance with the approved protection/mitigation scheme.
- - C 6. The proposed buildings must be fitted with open protected roof ridges to provide suitable ventilation for livestock and the silage pits provided with a non permeable base to prevent contamination of the adjacent water course. N.B. Conditions akin to C2 no longer applied be default

## - 5.0 REPRESENTATIONS

5.1 German Parish Commissioners (08.10.21) - No response - 5.2 Manx Utilities Consulted (08.10.21) - No response - 5.3 DOI Highways (20.10.21) - No Highways Interest - 5.4 DEFA (Biodiversity) originally raised concerns (03.11.21) and then indicated that they would be satisfied with a condition (17.11.21),

"The Ecosystem Policy Team have now received more information that clearly shows that the land where the silage pits and cattle sheds are to be built has already been significantly altered, including excavation and soil stripping, and no lizard and frog survey has been undertaken. This is in breach of planning condition No 5. of the previous application for this site (PA 12/01594/B) which stated the following: Prior to the commencement of any works, including excavation, the applicant must have undertaken by a suitably qualified body and approved by the Planning Authority, a survey of the site for lizards and frogs together with recommendations for protection or mitigation of any species or habitats found. The development must thereafter be undertaken in accordance with the approved protection/mitigation scheme. We therefore request that a condition is secured for a viviparous lizard and common frog mitigation and enhancement plan be created by a suitable qualified ecological consultancy, including details of replacement habitat features appropriate for frogs and lizards, in order to mitigate for the loss of habitat. The plan must be submitted to planning for written approval prior to further works taking place and the works must thereafter be undertaken in accordance with the approved plan".

5.5 The Agent e-mailed to confirm they would be happy with a condition as suggested.

## - 6.0 ASSESSMENT

6.1 Noting the planning history for the site, previous assessment, limited differences between previously proposed and now approved and no identified policy changes it is considered that the current application should be approved with the same conditions as previous, updated as necessary. - 7.0 CONCLUSION

7.1 It is considered that the proposal complies with General Policy 3 and Environment Policy 15 of the Strategic Plan and no material issues have been identified which would justify refusal, subject to the imposition of conditions.

## - 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

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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

Decision Made : Permitted Committee Meeting Date: 02.02.2022

Signed : S BUTLER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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.

## PLANNING COMMITTEE DECISION 02.02.2022

Application No. : 21/01061/B Applicant : Mr Paul Corteen Proposal : Erection of two cattle shelters and two silage pits Site Address : Field 310653 And 310651 Staarvey Road Peel Isle Of Man

Head of Development Management : Mr S Butler Presenting Officer As above

Addendum to the Officer’s Report

The Case Officer amended the recommendation so that a condition be added requiring removal of the shelters in the event they are no longer required and also the amendment of the ecological condition to clarify the timing for implementation. The application was approved as per the amended recommendation.

"C4. Within 1 month of this decision becoming final details shall be submitted to the Department which set out measures for a viviparous lizard and common frog mitigation and enhancement plan. The plan shall be created by a suitable qualified ecological consultancy and include details of replacement habitat features appropriate for frogs and lizards and a timescale for implementation. No further work shall take place on the site until the plan is approved, and the development shall be carried in accordance with the approved details.

Reason: in order to mitigate for the loss of habitat and comply with General Policy 2(d) and Environment Policies 4 and 5 of the Strategic Plan (2016).

C5. In the event that the shelters hereby approved are not used for a period exceeding 12 months they shall be removed from the site within 18 months of their last use.

Reason: in order to protect the countryside and because the development has been approved due to agricultural need."

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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/8136-german-staarvey-road-two-cattle-shelters/documents/940783*