DEC Officer Report

Application No.: 20/00707/B Applicant: Michael Osborne Proposal: Erection of an agricultural barn Site Address: Lower Gleneedle Gleneedle Lower Foxdale Isle Of Man IM4 3BF Planning Officer: Mr Paul Visigah Photo Taken: 23.09.2020 Site Visit: 23.09.2020 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 22.10.2020 _________________________________________________________________

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 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 3. 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 4. Notwithstanding the submitted plans, the details of the siting, design, external appearance and internal layout of the proposed self-contained catchment tank shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved. This selfcontained catchment tank shall be installed and operational before the approved building is used.

Reason: To ensure that the water course situated on the southern boundary of the site is not adversely affected by the discharge of waste water/effluent from the application site.

This application has been recommended for approval for the following reason.

Overall, the proposal is considered acceptable in terms of both agricultural need and visual impact and broadly accords with EP15 and GP3 of the IOM Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to:

• o Labour Requirement Report and Drawing No. P6066-01 date stamped and received 03/07/2020;
• o Photographs, Annotated Aerial Photograph, and Letter date stamped and received 28/09/2020; and
• o Location Plan and Site Plan date stamped and received 15 October 2020. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Cronk e King, Lower Gleneedle, Gleneedle, Lower Foxdale

as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy,

• as is required by paragraph 2D of the Policy. _____________________________________________________________________________

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 application site is the curtilage of Lower Gleneedle, Gleneedle, Lower Foxdale. To the southeast of the application site are a number of buildings on the surrounding farms which serves the operations of these farms, namely; Gleneedle Farm, Neb View, Thie Barn, Well, Gleneedle and Lower Gleneedle. The site is on a slightly elevated level when compared with the abutting highway (Slieau Whallian Road) which is situated on the southern boundary of the site and slopes southwards. The entrance to the site is situated on the south-east end of the site frontage. THE PROPOSAL - 2.1 Proposed is the erection of an agricultural barn for the housing of livestock as well as provide general storage facilities on Lower Gleneedle Farm. The proposed building is to be situated within close proximity to the existing cluster of Buildings on Cronk-e-king situated on the north-east boundary of the site with direct views to the site access.

2.2 The external building footprint is proposed to be 30.6m long x 13.7m wide with a pitch roof height of 5.4m. The building is proposed to be steel framed with concrete panels to the base and Yorkshire boarding above. The Natural Grey cement sheet roof will include GRP rooflights for natural light. The building is proposed to be solid on two of its elevations with two elevations being partly open. - 2.3 The following supporting information as also been provided by the applicant:

• 2.3.1 The farming system at Lower Greneedle Farm is limited due to a lack of facilities for livestock, as the damage and grazing pressure on the land through the winter restricts the farm

stock carrying capacity, which makes the new building vital for increasing farm output and profitability.

• 2.3.2 The farm has some 90 acres of upland pasture, all classified as "Below the mountain line" under DEFA's Agricultural Development Scheme (ADS), with an additional 130 acres of rented land, totalling 230 acres. This farm supports 100 breeding ewes with this number to be increased to 200.
• 2.3.3 The Standard Labour Requirement Calculations and the Current System Budget for the farm shows that the farm is a substantial agricultural business. PLANNING POLICIES

3.1 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Given the nature of the application it is appropriate to consider the following policies of the Isle of Man Strategic Plan 2016 in the assessment of the current application: - 3.2 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."

3.3 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 over-riding 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."

3.4 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".

PLANNING HISTORY

4.1 The most relevant application to the current application would be PA 18/00331/B which was for the Erection of an agricultural building. This application was deemed withdrawn on 12 March 2020 as the information requested by the officer, to assist in the determination of the application remained outstanding.

4.2 Relevant comments to the application are presented below:

• 4.2.1 The Patrick Commissioners objected on the following grounds (16/05/2018): "The location is unacceptable. There is a policy on Agricultural Buildings that they should be clustered together where this is very isolated. The only support for this location seems to be that few trees would need to be disturbed. The applicant has not apparently tested other locations for suitability in this regard".
• 4.2.2 Highway Comments (14/05/2018): "The site is farmland and the proposed agricultural building is to house cattle during the winter months. The building would be situated away from the public highway, and there would no changes in the existing site access arrangements from Slieau Whallian Road. No new highway issues should be created as a result of the development. Highway Services does not oppose the application".
• 4.2.3 Owners/occupiers of Neb View, Gleneedle, Lower Foxdale (20/04/2018): "As a neighbour with our Bungalow being in close proximity to this building we have a number of concerns to the size and height of the building, which will be overpowering and obtrusive and will be seen from our windows and main entrance to our property. This would have a major impact on our view and surrounding area, which is in a high scenic landscape valued area.

We have looked at the site and the plan for the building which is very close to a main water course and any effluent that would enter the stream would end up in the main River Neb, in Lower Foxdale. There is no provision shown on the plan to say how this effluent is going to be contained or dealt with and as to the number of cattle which he intends to keep this will create a considerable amount of effluent and any leakage from this will create a considerable amount of effluent and any leakage from this amount of stock would almost certainly have a detrimental effect upon the surrounding area and rivers ecosystem. We are also concerned to the level of noise nuisance and smell that would be created when the cattle are in wintered and with our bungalow being so close to it.

IOM Utilities (Water Board) have flush pipes running down from the main storage tank at the top of Carnagrie, Gleneedle; this would be very close to the planned building and would mean the building would have to be moved further out into the field where it would have a bigger impact on the area and the view from our property.

On the plan there is no detailed provision as to how access is going to be gained to this new building and which a new entrance and roadway would have to be made off the public highway. Also there would be additional problem with surface water running off onto the public highway and that will create more flooding in the area".

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 The Department of Infrastructure Highway Services indicate that there is no highway interest in a letter dated 4 August 2020.

5.2 Manx Utilities Drainage has written in to request a deferral to the application in order to enable them assess the application in a letter dated 7 October 2020.

• 5.2.1 The Request for deferral by Manx Utilities Drainage was followed by another letter indicating their objection to the application on 8 October 2020:

With reference to the above mentioned application, please be advised that there are two 150mm Ductile Iron strategic pumped and distribution mains passing through the land as noted on the attached plan. On inspecting the applicant's location site plan it would appear that the proposed works are to be built over the water mains.

Due to the criticality of the high pressure pumped main acting as the primary supply feed to Glen Needle Service Reservoir, we write to OBJECT to the application and request that the developer contact Manx Utilities to discuss an alternative plan.

Please note that the position of the water mains are shown as accurately as possible but cannot be guaranteed and must be regarded as approximate only. Please also be aware that there may also be buried items and/or mains for which no records exist and therefore are not indicated on the plan.

• 5.2.2 Having met with the applicant on site and made request for revised plans, Manx Utilities Drainage has made the following comments in a letter dated 14 October 2020:

Manx Utilities met with the applicant on site yesterday and agreed that the proposed agricultural barn be built 5m away from the nearest water main. Once the Planning Department are in receipt of this confirmation via an amendment to the site drawing by the applicant, with the measurements added, Manx Utilities request to withdraw their objection to the development.

5.3 Patrick Commissioners have made the following comment regarding the application in a letter dated 11 August 2020:

The Commissioners considered the above application at their meeting and it appears to the Commissioners that access arrangements are uncertain, particularly for larger vehicles and it is difficult to conceive that such access might not be required at such a structure.

In view of this, the Commissioners consider that the Application is incomplete. This definitely should be addressed before the application is considered.

5.3.1 Further to the submission of additional information and plans by the applicants, the Patrick Commissioners have made the following comments regarding the application in a letter dated 15 October 2020:

The Commissioners considered the above application at their meeting and it appears to the Commissioners that the access arrangements remain uncertain, particularly for larger vehicles and it is difficult to conceive that such access might not be required at such a structure.

Further, the Commissioners have concerns that effluent run-off may become mixed with rainwater run-off which may cause contamination.

In view of this, the Commissioners are unable to support the application and consider that it should not be approved.

5.4 The Owners/Occupiers of Cronk-e-King who own an adjoin farmland objects to the application on the following grounds in a letter dated 25 July 2020:

• i. The barn and all ancillary equipment will be an eyesore on the countryside.
• ii. Any farm drainage could well end up in the river New, which in turn travels to Peel.
• iii. The last application had a more suitable and sheltered position.

5.5 In response to the comments from the Commissioners and the Owners/Occupiers of Cronk-e-King, the applicants have provided additional information in a letter dated 28 September 2020:

Half of the agricultural barn will be used to store feed and straw. The remaining area will be loose housing for livestock bedded down with straw and will be removed whenever required (usually at the end of winter). This means that any effluent waste will be minimum being soaked up by the straw. However, a self-contained 5000 litre catchment tank and drains will be placed in ground to manage any overflow from the livestock waste. The catchment tank will be emptied as and when required.

Rainwater will be caught using sufficient guttering on the structure which will lead to the soakaway.

• 5.5.1 The additional plans and photographs also show that the access is approximately 10m wide and setback about 4-5m from the road. The applicant further states on these plans that the access can be widened or pushed further back into the field if the need arises. Additionally, the Gate Way Information plan shows a green line which indicates where trees can be planted to obscure neighbour's view of the barn if it is required. The applicant is also willing to plant more trees on other sections of the site if they would help to soften the impact of the building on the landscape.
• 5.5.2 The Owners/Occupiers of Cronk-e-King who own an adjoin farmland has written in with further comments in a letter dated 6 October 2020:

With further inspection the mains water pipes enter from the roadway and travel straight up these fields to a water station situated on the side of Slieau Whallian.

ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• i. the principle of the development; and
• ii. the visual impact of the proposed development on the character and appearance of the countryside and surrounding landscape in terms of siting, design, size and finish.
• iii. Other factors: Size of access and impact on river

- 6.2 THE PRINCIPLE OF THE DEVELOPMENT

• 6.2.1 The aforementioned policies would indicate 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 GP3(f).
• 6.2.2 As previously identified in 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 there has been extensive supporting information submitted demonstrating the need for the new building not only to make up for the lack of facilities to house livestock on the farm but also to help increase the farm output and profitability during the winter months as damage and grazing pressure on the land through the winter restricts the farm stock carrying capacity.
• 6.2.3 As well, the applicant has demonstrated in their written submission that the farm runs on 90 acres of upland pasture, all classified as "Below the mountain line" under DEFA's Agricultural Development Scheme (ADS), with an additional 130 acres of rented land, totalling 230 acres to be further served by the barn. Given the extensive information provided within the application to justify the need for the building on the farm, it is considered that the principle of the proposal is acceptable and will help to support the continued growth of a farming business which provide local produce that ultimately contributes 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.

- 6.3 THE VISUAL IMPACT OF THE PROPOSAL

• 6.3.1 The proposed building is fairly typical in its size and comparable to those large agricultural buildings in the immediate area. The close proximity to the existing buildings north of the chosen location would help to contain the spread of development across the countryside and from the roadside and nearby locations the proposed building is to be read in conjunction with the existing building cluster. Whilst the previous location which was proposed under PA 18/00331/B but withdrawn would have been more appropriate given the proximity to a large building cluster, there were concerns within that application with regard to impact on trees, the nearby water course and nearby dwelling (since the building would be used for livestock). As such, it is not considered that the proposed location would result in any visual impacts on the wider landscape, enough to warrant refusal. In fact, the new location is considered to better align with

• Environment Policy 15 which also seeks to protect residential dwellings situated within close proximity to proposed agricultural buildings.
• 6.3.2 In considering the design and scale of the building, it is of a proportionate size and form in relation to the existing buildings within the landscape. In terms of the scale, materials, colour, siting and form it is considered that the proposed building would be seamlessly integrated into the existing built form of the building cluster around the site without undue impact on the surrounding landscape. Granting the owners/occupiers of Cronk-e-King have considered that the building would be an eyesore on the landscape and that the last application had a more suitable and sheltered position, the fact that the proposed shed would be away from the cluster of residential buildings on the south-western boundary of the site, in addition to being situated away from the river running along the south-western boundary, which would have far reaching impacts on the locality makes the new location a better option. Besides, the design, scale and finishing of the agricultural barn would be no different from other agricultural buildings which are situated on the farms within the locality and as such the proposed development cannot be considered an abnormality on the landscape when assessed within the context of the locality which is purely agricultural.
• 6.3.3 Another factor that would soften the impact of the building on the proposed location is the fact that the entire northern boundary is significantly screened by a thick line of hedging and shrubbery which rises to about 3 - 3.5m along this boundary. More so, the site topography is such that there would be limited views to the building on the site from the abutting highway given that the land rises considerably above the level of the highway (about 2m at the entrance, rising to about 5m) as you move south along Slieau Whallian Road, and the fact that the building will be situated 40.5m away from the abutting highway. There would only be clear views to the building when directly in front of the site access which opens up into the site area. Based on the foregoing, the proposal is considered to accord with both EP1 and EP15.
• 6.4 OTHER FACTORS

• 6.4.1 It is noted that concerns have been raised with regard to the size of the site access by the local authority who opine that that the current access arrangements are uncertain. However, measurements taken during the site visit on 23 September 2020 showed that the access is about

6.5m wide (with a hardstanding area stretching from the highway to about 8m into the site) which would be sufficient for a farm access given that most heavy vehicles are not wider than 4m. As such, it is considered that the size of the site access would be appropriate for the proposed use.

• 6.4.2 With regard to impact of the proposed building on the nearby water course, it is noted that the proposed location for the building would be about 184m away from the nearby water course and as such it is considered that the separating distance is sufficient to ensure that there are no impacts on this watercourse. Whilst it is noted that the site slopes southwest towards the river with possibility for effluents to flow onto the highway and subsequently into the river, the applicant have stated that the floor of the shed would be bedded down with straw which will be removed whenever required; thus limiting the opportunity for effluents to build up on the site. Additionally, the applicants have indicated that a self-contained 5000 litre catchment tank and drains will be placed in ground to manage any overflow from the livestock waste, with the catchment tank emptied as and when required. Therefore, it is not considered that the development would result in effluents being discharged into the nearby river. However, a condition requiring the proposed self-contained catchment tank to be in place before the facility is put into use would be imposed to ensure that there are no impacts on the water course resulting from the development.
• 6.4.3 Although there were concerns by Manx Utilities Drainage and the Owners/Occupiers of Cronk-e-King regarding possible impacts of the new building on existing water mains that run along the eastern boundary of the site, the applicants have negotiated a new position for the erection of the building away from the eastern boundary by 10m, which has been followed up with the submission of revised plans as agreed with Manx Utilities Drainage and as such it is not considered the new position would impact on this abutting facility.

CONCLUSION

7.1 For the above reasons it is considered that the proposal satisfies the key tests of GP3 (f), EP1 and EP15. As such, the application is therefore recommended for approval. 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 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: 02.11.2020

Signed : P VISIGAH 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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