Officer Report

Application No.: 16/00645/B Applicant: Mr Neil Foster Proposal: Erection of an agricultural building to provide barn / store and stabling (amendment to PA 15/00163/B) Site Address: Part Field 110275 Ballamoar Farmhouse Cranstal Bride Isle of Man IM7 4BP Case Officer : Mr Chris Balmer Photo Taken: 23.06.2016 Site Visit: 23.06.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is an irregularly shaped parcel of land that includes part of Field 110275 as well as the residential dwelling known as Ballamoar Farmhouse, accessed off the Point of Ayre Road to the south. - 1.2 There is a small-scale and very farming enterprise operating from the wider landholding, with animals including 20 sheep, 19 geese, 50 ducks, 150 hens and 1 donkey on the site, as well as 6 beehives and 11 cats, 9 of which live outdoors. These numbers are taken from the previous application, although discussion with the applicant on site it was indicated these numbers are the same or very similar, except their sheep (lambs) stock can increase to 60 in a year, but then reduce back down to 15/20 sheep as the lambs are sold off. There are two other structures on the wider landholding - a metal storage container and a polytunnel; the latter of these has planning approval, the former does not. - 1.3 The landscape in the area is fairly flat as might be expected for this part of the Island but, although Ballmoar Farmhouse is quite apparent from the Point of Ayre Road, when on the site views beyond are really quite limited as even a slight change in topography results in the land beyond being somewhat obscured. The countryside of the area is characterised by a sense of openness coupled with the existence of isolated dwellings and associated buildings.

2.0 PROPOSAL - 2.1 Full planning approval is sought for the erection of an agricultural building to provide barn / store and stabling (amendment to PA 15/00163/B). This is designed to provide somewhere to store feed and machinery related to the farm as well as provide winter shelter for the animals on the farm in addition to lambing purposes. - 2.2 The proposal results in one building, but there are two distinct parts. The first and largest is essential a standard modern agricultural barn in design and finish. This measures 20m by 8m with a ridge height of 5.4 metres. The second part of the building is the three stables which are attached to the north-eastern gable of the proposed barn. The stables would measure 9m by 5m and a ridge height of between 5m and 3.8m. The two buildings elevations would be finished in an olive green profiled metal plastisol laurel green, whilst the roof finished in a Laurel Green fibre

• cement cladding. The proposed building in the main follows the topography of the ground, although a small amount of ground would need to be removed to give a level internal floor.
• 2.3 For reference, the previously approved building measured 20m by 6m, in addition to the open-side store (an extra 5m in length) and a roof overhang in front of the building (an extra 1.8m in width). The building would be set quite significantly into an existing slope, with up to 1.7m set beneath ground level in some places: the building's eaves are 2.4 above finished floor level and the roof pitch 4.5m. The walls would be painted blockwork, while the doors would be timber and he roof fibre cement cladding sheets.

2.3 The previous application included a Planning Statement, which includes a statement from the applicant outlining the history of the farmholding, commencing in 2003, and its evolution to last year (2015), albeit it has been confirmed this is still the case to the present day. The applicant states that the agricultural enterprise is something of a smallholding, and has involved the creation of a 50 tree orchard, the erection of a polytunnel and the steady accumulation of the animals as outlined above. The statement provides 6 separate reasons for the need for the building, summarised below:

• 1) Ability to bulk-buy animal feeds and store them in a rodent-free environment;
• 2) Livestock protection;
• 3) Suitable lambing environment, allowing the increase of the existing stock;
• 4) Maintain number of pullet chickens and rear chicks in a same, warm, rodent-free environment;
• 5) Potential to enter the Christmas turkey market, requiring incubation of turkey eggs, and
• 6) Secure space for the possible purchase of another one or two donkeys to give the current single donkey company.

- 3.0 PLANNING HISTORY

3.1 Although the site has been the subject of a number of applications, it is considered that the only two which are of material relevance are: - 3.2 Erection of an animal shelter with food/bedding, vehicle and equipment store - 15/00163/B APPROVED - 3.3 Erection of a polytunnel - 05/92387/B - APPROVED

- 4.0 PLANNING STATUS

4.1 The application site is within an area recognised as being an area of 'High Landscape or Coastal Value and Scenic Significance' under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. - 4.2 Due to the zoning of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:

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".

4.3 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."

4.4 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

4.5 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."

- 5.0 REPRESENTATIONS

5.1 Bride Commissioners offered no objection to the proposal on 02.03.2015. - 5.2 Highway Services do not oppose (received on 22.06.2016).

- 6.0 ASSESSMENT

6.1 In the first instance, it must be determined whether or not the proposal represents an essential agricultural need; if so, the second key assessment point is whether or not the siting and design of the building is acceptable from a landscape impact point of view. - 6.2 The statement outlined by the applicant is clear that there is a good case for a new building in this location. The smallholding at present has no storage or animal protection - except for the storage container, which has no planning approval - and the site visit at the pre-application stage confirmed a number of animals on the land associated with the farmhouse. - 6.3 Advice was sought from DEFA - Agricultural Policy Manager - who indicated that they did not believe the operation was agricultural justified i.e. a full time farm operation, again as before. This is technically correct, the farming enterprise is not what you would described as a fully-fledged farm holding which employees full time workers etc. However, Environment Policy 15 does not indicate or require that agricultural buildings can only be approved if the farm holding is of a substantial size and/or employees one or more employees i.e. similar to agricultural workers' dwellings which does require a holding to be of a certain size/need. The requirement is that the Department is satisfied that there is agricultural or horticultural need for a new building. - 6.4 In view of the general push towards enabling the growth of agricultural enterprises in an appropriate manner, it is considered that a sufficient case has been made for the need for a new building in this location, as before. The kinds of animals kept, or intended to be kept, by the applicant do benefit from shelter and the landholding is large enough to have a need for a tractor

• and related equipment. It is therefore considered that sufficient evidence has been provided to indicate that there is an essential need for this building in order to facilitate the consolidation and expansion of this emerging enterprise.
• 6.5 In terms of the details of the proposal, the building is not especially large by agricultural standards. It would be constructed of materials appropriate to an agricultural building, and would not be unduly prominent as a result - although a condition in respect of the colour of the walls might be appropriate to control this prominence. Moreover, it would be set well into an existing slope such as to reduce this prominence even further, while the area of hardstanding around it would not be unduly large or, in all probability, visible at all from further afield. The building would be largely screened from public view by the farmhouse itself and also the slight variation in topography here. A condition should be attached which requires additional planting along a small section of the field boundary to the south east of the building. This is to ensure views are further limited from the distance views from Point of Ayre Road.
• 6.6 It would be quite close to a pair of residential dwellings; one of these is the applicant's home, the other the aforementioned Swallows Landing. No objection has been received to the proposal from the owner / occupier of this dwelling. The new stable building would sit 11m at its nearest point from Swallows Landing and the larger barn aspect would be 17.5m, albeit these would be at an oblique angle and with the openings to the building set away from that dwelling. The setdown of the building into the hill would also ensure a limited impact in visual terms. It is also noted an existing two metre high block wall exists between the boundaries of the site. Accordingly, only the roof section of the building would be apparent from the neighbouring property.
• 6.7 There probably would be an increase in farm-related odour from the building, but this, as before, has to be balanced against the fact that the building would be, in landscape terms, sited in probably the best location available to the applicant. It is also noted that the existing field is in active agricultural use such that there is already some element of disturbance arising from the land's use here. On this basis, it is not considered that the impacts arising from the new building would be so significant as to warrant an objection on this basis alone. It is in particular noted that no objection has been received from the neighbouring dwelling, although this is of course not the sole reason on which to conclude favourably on the application.

- 7.0 RECOMMENDATION

7.1 It is considered that sufficient evidence has been provided to indicate that there is an essential need for the proposed building (as required by General Policy 3), and that the proposal would be satisfactory from the point of view of its impact on the visual amenity of the area (as required by Environment Policy 2) and the residential amenity of neighbouring dwellings (as required by Environment Policy 15). - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

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. Recommendation Recommended Decision: Permitted Date of Recommendation: 14.07.2016 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 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 storage container outlined on approved plan 02 as shall be removed within 28 days of the substantial completion of the building hereby approved.

Reason: The storage container is in place without planning approval and its removal would be in the interest of protecting the visual amenity of the area.

• C 5. The external walls on the new barn must be a dark green/olive green colour and the external roof finish must be a laurel green/ dark green/olive green colour all being retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 6. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting above the existing banking along the eastern field boundary (approximately taken from the position of the existing shipping

container to the corner of the field adjacent to the dwelling Ballamoar). All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the building, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development. This approval relates to drawings reference numbers 01, 02, 03, 04, 05 and TS 01 A all received on

• 7 June 2016.

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 Date: 15.07.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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