DEC Officer Report

Application No.: 19/01307/B Applicant: Ballagawne Farm Limited Proposal: Creation of a borehole Site Address: Field Number 420855 Ballagawne Farm Ballagawne Road Ballabeg Castletown Isle Of Man Head of Development Management: Miss Jennifer Chance Expected Decision Level: Planning Committee Recommended Decision: Permitted

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.

This application has been recommended for approval for the following reason. The application is recommended for approval as the borehole would not result in any undue environmental or amenity impacts and would help support the farming use of the land.

Plans/Drawings/Information; Site Location Plan and diagram of Borehole received 21 November 2019. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE PLANNING COMMITTEE AS THERE IS NO PROVISION FOR THE TYPE OF PROPOSAL WITHIN THE DEVELOPMENT PLAN

THE SITE

1.1 The site lies within a farm holding in close proximity to some farm buildings. THE PROPOSAL - 2.1 The application seeks planning approval for the creation of a borehole of 200mm diameter to a maximum depth of 100m for abstraction of water for agricultural use.

2.2 A typical diagrammatic illustration of the boreholes is provided with the application for illustrative purposes. PLANNING HISTORY - 3.1 The farm has been in operation for sometime. There is no relevant planning history. PLANNING POLICY - 4.1 The site lies in an area not allocated for development in the Area Plan for the South. The following policies in the Isle of Man Strategic Plan 2016 are relevant:

Spatial Policy 5: This policy directs new development towards defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.

General Policy 3: Provides exceptions to the general restriction of development in the countryside and provides for engineering operations which are essential for the conduct of agriculture.

Environment Policy 1: This policy seeks to protect the countryside and its ecology for its own sake.

Environment Policy 4: This policy seeks to protect species and habitat from any adverse impacts resulting from development.

Environment Policy 22: This policy states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of pollution of sea, surface water or groundwater; airborne pollutants; and vibration, odour, noise or light.

REPRESENTATIONS

5.1 Arbory Commissioners support the application (17.12.19).

5.2 Highway Services indicate that there will be no adverse highway impact from the development (9.12.19). ASSESSMENT - 6.1 Despite being development in an area not designated for such, the proposal does not represent a use of land, rather an engineering operation to allow for water abstraction intended to support the farming activities. There is no indication that the proposal would result in any undue harm to the environment as a result of the engineering operation. - 7.0 IPS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 24.08.2020

Signed : J CHANCE 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

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