**Document:** DEC Officer Report **Application:** 20/00301/B — Construction of an agricultural building **Decision:** Permitted **Decision Date:** 2020-05-19 **Parish:** Marown **Document Type:** report / officer_report **Source:** https://planningportal.im/a/12838-crosby-braaid-farm/documents/995004 --- # DEC Officer Report **Applicant:** Mr Daniel Potts Proposal Construction of an agricultural building Site Address Braaid Farm Top Road Crosby Isle Of Man IM4 4HJ Case Officer : Miss S E Corlett **Site Visit:** Expected Decision Level Planning Committee **Recommended Decision:** Permitted Date of Recommendation 30.04.2020 ## 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 building 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 building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside. - C 3. 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. - C 4. The building must be finished in dark green cladding as described in the application and retained as such thereafter. Reason: to reduce the visual impact of the building in the landscape. This application has been recommended for approval for the following reason. The development complies with General Policy 3, Environment Policies 1 and 15. Plans/Drawings/Information; This approval relates to drawing 985/002A received on 7th April, 2020 and 985/001 received on 10th March, 2020. _______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________ ### Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL ## THE SITE 1.1 The site is a piece of land which accommodates Braaid Farm - a house with a small feed shed located at the entrance to the site from a road which is a public right of way which leads from the Top Road (A23) towards footpaths through Beary Mountain and Colden. The holding also includes land to the north, east and south and a small parcel of land including and opposite the applicant's home address although the site includes Braaid Farmhouse. - 1.2 Braaid Farmhouse was built as a replacement of the former dwelling on this site in the mid 2000s and due primarily to its external finish (light coloured render) the dwelling can be seen from a wide range of places some distance away. - 1.3 The applicant does not live at Braaid Farm (the application site) but at another dwelling some distance away. He recently applied for permission for an agricultural building to the south of his residence on the A23. This application, 18/01157/B, was refused and is referred to in the Planning History section of this document. There is a current application for that same site (20/00216/B) and where that applicant is not the current applicant. - 1.4 The area surrounding the site is generally very open and undeveloped. There is an ASSI to the north of the application site (Eary Vane) and outside of the land owned by the applicant. THE PROPOSAL 2.1 Proposed is the erection of an agricultural building. This will be 20m by 12m and 6.1m high - larger than that proposed in the earlier application (12m by 7m and 4.6m high), but finished in the same green sheeting including the roof. The building will accommodate 227 sq m of floorspace, sufficient to house 135 pregnant ewes including feeding space. 2.2 The building will be located alongside the existing feed store which is significantly smaller (approved under 13/91183/B). - 2.3 The application includes reference to correspondence with DEFA's Agricultural Directorate's Field Officer who observed in July, 2018 that the holding amounted to 60 acres of farmland which would be capable of accommodating 135 sheep and their lambs. Housed lowland sheep require a prescribed amount of space during pregnancy and 190 sq m of space would be required plus additional space for feeding/troughs. - 2.4 Following discussions with the Agriculture Division of the Department and concerns raised regarding the height of the proposed building, it has been revised to be 4m to the eaves and - 5.1m to the ridge and with the same floor area. The external finish has also been amended, now timber boarding on the upper part to provide ventilation. This will be stained olive green to match the remaining metal cladding and door. ## PLANNING POLICY 3.1 The site is not designated for a particular purpose on either the 1982 Development Plan Order or the draft Area Plan for the East and is outside of the Area of High Landscape Value and Scenic Significance. On both there is a high voltage electricity line which runs through the site. This is outside of the area of the proposed works. - 3.2 There is therefore a presumption against development here as set out in Environment Policy 1 which protects the countryside for its own sake. General Policy 3 sets out exceptions to this and this includes development which is essential for the conduct of agriculture. Environment Policy 15 provides further advice on this topic as follows: "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 The most relevant previous application on this site is the one for the feed store referred to above. - 4.2 The refused shed off the A23 is relevant. This was proposed for storage of implements associated with the current application site and was refused for reasons relating to the separation of the building from the main land holding and whilst the inspector makes reference to the benefits to animal welfare from the building, he notes that there are agricultural buildings at The Braaid Farm that could be used and he considered that what was proposed represented the applicant's preference rather than demonstrable agricultural need. REPRESENTATIONS 5.1 Marown Parish Commissioners have no objection in principle but object to the size of the building which is 10% larger than the size advocated by the Field Officer of the Department (16.04.20). ASSESSMENT - 6.1 The issues in this case are whether there is sufficient agricultural need to override the presumption against development here, whether the building is of an appropriate size and design for its purpose and whether the development would have an acceptable environmental impact. Agricultural need 6.2 There is agricultural land associated with this proposal and the advice of DEFA in respect of agricultural need based upon sheep farming is that 190 sq m of space is needed. In addition, he suggests that space should be provided for a trough and feeding space. What is proposed is 250 sq m. Further consultation with the Department's Agriculture Division confirms that the additional space to provide feeding facilities, is reasonable (30.04.20). Size and design 6.3 As stated above, the size of the building is considered acceptable given the advice of the professional officers in the Department. Its design is similarly now acceptable, having been amended to provide ventilation. It is a standard agricultural building which will not look out of place in the landscape. Whilst the house is highly visible from most directions, the barn will be darker in finish and thus less visible. Environmental Impact - 6.4 The building is some distance from the ASSI and within an existing curtilage. There is no evidence that the building is in a sensitive are or would have any adverse impact on the environment. ## CONCLUSION 7.1 Whilst there is concern about the justification for the size of the building, the advice from the professional officer in the Department indicates that the size of the building is reasonable for the agricultural activities proposed, and as such, it is considered that the building complies with General Policy 3, Environment Policies 1 and 15 and the application is supported. 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 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 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: 18.05.2020 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 18.05.2020 Application No 20/00301/B Applicant Mr Daniel Potts Proposal Construction of an agricultural building Site Address Braaid Farm Top Road Crosby Isle Of Man IM4 4HJ Principal Planner Presenting Officer Miss S E Corlett ## S BUTLER ### Addendum to the Officer Report The Committee approved the application subject to an additional condition. Prior to the development hereby approved being brought into use the existing entrance in the North-Western corner of the site shall be blocked off and replaced with a pedestrian gate and Manx hedge, in accordance with drawing 985/001 date stamped as having been received 10.03.20. Reason: To ensure that the development is carried out in accordance with the approved details and is not used other than in connection with The Braaid Farm. --- *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/12838-crosby-braaid-farm/documents/995004*