**Document:** Officer Report
**Application:** 18/00303/B — Installation of a structure over existing cattle feeding yard area
**Decision:** Permitted
**Decision Date:** 2018-05-03
**Parish:** Patrick
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/11443-patrick-ballamoar-farm-structure-over-cattle/documents/982203

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# Officer Report

**Application No.:** 18/00303/B
**Applicant:** Mr David Goodwin
**Proposal:** Installation of a structure over existing cattle feeding yard area
**Site Address:** Ballamoar Farm Patrick Road Patrick Village Isle of Man IM5 3AW Case Officer : Miss S E Corlett
**Photo Taken:** 19.04.2018
**Site Visit:** 19.04.2018
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 30.04.2018 _________________________________________________________________

## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The building must be used only for agricultural purposes.

REASON: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

### Plans/Drawings/Information:

This decision relates to the location and site plans and drawing P6134-01 all received on 3rd April, 2018. _______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the farmyard of Ballamoar Farm which is located on the northern side of Patrick Road (A30). The farmyard accommodates a range of agricultural buildings including a farmhouse and coachhouse which is operated as tourist accommodation: the last two buildings are outwith the application site although are part of the overall holding. - 1.2 The proposed development concerns the modern buildings to the east of the farmhouse and in particular the row of buildings whose gables form the eastern edge of the building group. These buildings have different profiles of roofing - some gables being curved and others mono-pitched. - 1.3 The buildings are set below the ground level of Patrick Road and the main entrance to the farmhouse and with the existing trees between the road and the farmyard, few of the buildings can be publicly seen, those at the southern edge of the group being visible through the trees from the road to the south. THE PROPOSAL

2.1 Proposed is the creation of a building along the length of these gables to cover over the feeding area for the animals. The building would run along the full length of the gables - 35m and be open sided with Yorkshire boarding on the roof part of both gables. The building will project 14m from the existing and have a steel frame. The roof will be finished in grey fibre cement sheeting. PLANNING POLICY - 3.1 The site lies within an area designated on 1982p as Woodland within a wider area of High Landscape Value and Scenic Significance.

3.2 There is a presumption against development as set out in Environment Policies 1 and 2 but provision made within General Policy 3 and Environment Policy 15 for agriculturally justified development as follows:

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:

- (f) building and engineering operations which are essential for the conduct of agriculture or forestry"

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

4.1 Various applications have been approved at the farm for agricultural buildings, none refused. None of these is considered relevant to the consideration of the current application. REPRESENTATIONS - 5.1 DEFA Environmental Protection Officer comments that the development would improve the current situation where, during heavy rainfall there is a risk of pollution of the nearby watercourse and by covering up the yard it will reduce the risk which, in turn will protect the salmonid populations in the watercourse and ensure the health of the watercourse more generally (06.04.18).

5.2 Patrick Parish Commissioners raise no objection (10.04.18). - 5.3 DEFA Inland Fisheries have no objections and make similar, positive comments to those of EPU above (06.04.18).

## ASSESSMENT

6.1 The issue here is whether the proposed building would result in any adverse visual or other environmental impact such as not to comply with EPs 1, 2 and 15 and GP3.

6.2 The building would, according to DEFA EPU, result in an environmental improvement in preventing pollution of a nearby watercourse. It would also provide better feeding conditions for the animals. Whilst not essential, there are clearly agricultural benefits to the proposal. The position and level of the building is generally out of sight from the public view. In short, the proposal results in no adverse environmental impact. CONCLUSION - 7.1 The proposal is considered to accord with GP 3, EPs 1, 2 and 15 and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision-maker must determine:

- * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- * whether there are other persons to those listed in Article 6(4) 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 a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted q Date: 02.05.2018 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

## 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/11443-patrick-ballamoar-farm-structure-over-cattle/documents/982203*
