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The site represents the curtilage of Ballamodha Moar Farm, Ballamodha Straight, Ballasalla, which is comprised of a group of farm buildings/barns with a detached farm house. All are located to the east of the Ballamodha Straight, access via a farm access road which runs from the Ballamodha Straight in a eastern direction for approximately 190 metres.
It should be noted that the 'Millennium Way' public footpath runs along the farm track from the Ballamodha Straight, through the farm complex and continues in an easterly direction.
The application site is within an area recognised as being an area of 'White Land and Woodland', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Under the Modified Draft Area Plan for the South the site is not for development and under the Landscape Assessment is within an area is characterised as being "Incised Slopes".
Relevant policies include:
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:
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:
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."
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."
The application seeks approval of the erection of an agricultural shed. The proposed shed would be sited to the northeast of the existing farm complex and would have a width of 11.9 metres, a depth of 24.3 metres and a maximum height of 8 metres.
The following previous planning applications are considered relevant in the assessment and determination of this application:
Malew Parish Commissioners:- "Do not object"
Highways Division:- "Do not oppose."
The Planning Authority has received no other privately written representations objecting to the proposal.
The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph F of the Isle of Man Strategic Plan. This policy 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 those buildings which are essential for the conduct of agriculture or forestry.
Further to this policy, Environment Policy 15 also need consideration, as the first paragraph of this policy requires first the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.
To find whether the proposed barn would have a sufficient justification to comply with General Policy 3 and the first aspect of Environment Policy 15, the Authority has contacted the Agricultural Advisor from the Department of Environment, Food and Agricultural (DEFA) for their comments.
The Advisor has stated that currently the farm enterprise is based on 14.39 acres of owned land and 357.61 acres of leased land (14 acres annual agreement, 290.93 acres long term & 53.12 acres is under heritable tenancy agreement). The main holding is under a long term agreement. The farm operation is based on around 130 milking cows. Young stock included 60 cattle under one year old and 120 cattle over one year old.
The Advisor also indicates that the dairy based agricultural enterprise has a standard labour requirement of 4.26 standard labour units.
The advisor concludes that; "...the erection of an agricultural building is agriculturally justified and offers many agricultural attractions to this business."
Given these comments and the need/requirements for the building outline by the Advisor, it is considered the proposal would be acceptable in terms of General Policy 3 and the first aspect of Environment Policy 15.
The next aspects of Environment Policy 15 which needs consideration are is regarding the siting and size and the design (materials & colour) of the proposal and whether the proposal would be a sympathetic to the landscape and built environment of which they will form a part.
The design, finish, form and scale is of a standard agricultural barn which is common throughout the Island. A condition should be attached requiring the 'Yorkshire Boarding' being painted and retained in a dark green colour to ensure the building blends with the countryside and existing buildings.
The proposal from the Ballamodha Straight would be well screened and would not be overly apparent from public view. The barn would be apparent from distance views to the north (The Bayrruyr – B30) and east of the site (Ballacharry Road).
The proposal would be sited next to the existing group of buildings and would appear part of the main farm complex. This siting is what Environment Policy 15 seeks to ensure development does not result in sporadic and isolated buildings in the countryside. Consequently, views from the public highways of the proposal would be from distance and therefore the proposal would not have a significant impact upon the visual amenities of the area.
It should be noted that the 'Millennium Way' public footpath would run directly past the proposed barn. However, the footpath already runs through the main farm complex, past all the existing and larger farm buildings. Therefore an additional barn as proposal, is unlikely to have a significant impact upon public amenities from the public footpath given this section of the footpath is characterised as being within a farm complex.
Overall, it is considered that the justification for an agricultural building has been adequately proven and justified and would provide many practical agricultural benefits for the farm holding. Also the proposal in this location would not have a significant detrimental impact upon the visual amenities of the surrounding countryside or have a significant impact upon the residential amenity of the neighbouring properties. For these reasons the proposal is considered to be appropriate in this location and the application is therefore recommended for an approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 18.10.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the erection of an agricultural building as proposed in the submitted documents and drawing HLK/11/0254/1, HLK/11/0254/2 and HLK/11/0254/3 all received on 14th September 2011.
C 3. The building must be used only for agricultural purposes.
C 4. The 'Yorkshire Boarding', horizontal timber boarding and the cement render as indicated elevational drawing HLK/11/0254/2 to require to be painted and retained in a dark green/olive green colour.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made: Permitted Date: 20/10/11
Signed: _________________________ Michael Gallagher Director of Planning and Building Control
OR
Signed: _________________________ Jennifer Chance Development Control Manager
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