Replace existing port a kabin with timber grain store and creation of hardcore track (partial retrospective)
Site Address:
Field Number 134889
Lezayre Road
Glen Tramman
Ramsey
Isle Of Man
Officer's Report
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE COMMISSIONERS DO NOT SUPPORT THE APPLICATION AND IT IS RECOMMENDED FOR APPROVAL
The Site
The site is a field to the north of the A3 TT Course between Ballakillingan to the east and the Garey Road to the west. The field slopes downward from the road and there is an existing access from the main road with a rough track leading down into the field in a straight line. There is a number of pens at the northern end of the site, which are presently occupied by pigs. There was until recently a range of machinery on the site and prefabricated structures - some associated not specifically with the pigs but with the applicant's construction business. Some of this equipment remains on site and since the site visit earthworks have been undertaken on site along the bottom of the site in front of the pig enclosures, where the previous access was shown (and refused). This is not in line with anything which is shown on the proposed plans.
The Proposal
Proposed is the continuation of the existing access track and provision of a turning facility and the removal of the existing temporary building and its replacement with a mobile storage unit. The unit will be 3m by 10m, built from timber and with a shallow mono-pitched roof of which the apex is to be 2.7m above ground level. There are three stable style doors in the front of the structure and it is to be oriented with the gables west to east.
All other plant and machinery is shown as being removed.
Planning Status And Policy
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Woodland within a wider area of High Landscape Value and Scenic Significance.
As such, there is a presumption against development other than for agriculturally justified development, as set out in General Policy 3 and Environment Policy 15:
General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Case Officer :
Miss S E Corlett
Photo Taken :
27.01.2012
Site Visit :
05.10.2011
Expected Decision Level :
Planning Committee
f) building and engineering operations which are essential for the conduct of agriculture or forestry."
Environment Policy 15 states "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
Planning permission was sought for the creation of an access into the field under PA 05/1085. Permission was then sought for the erection of a barn, stables, field shelter, earth bank and mobile store together with the formation of an access road and hardstanding (retrospective) which was refused at appeal - 10/0369. The Inspector comments as follows:
"I agree with much of Ms Newton's submissions to the effect that full time occupation should not be a prerequisite...part time activity may be sufficient to be recognised as an agricultural business. However in this particular case the secure land holding is very small, only just over 3 acres, and Mr. Carey advised me that his other parcels of land elsewhere are held on leases that may be subject to three months' notice. The amount of building and track and yard existing and proposed at the appeal site is disproportionately large in relation to the amount of livestock that could be raised here. Also a disproportionate amount of investment is clearly required relative to any realistic level of financial return. There is no policy support, quite the reverse, for anything that might serve as a contractor's yard at this rural location and I conclude that as a matter of fact and degree that the agricultural activity does not justify the development. Accordingly the development falls outside the scope of General Policy 3f and amounts to unwarranted development in this part of the Manx countryside." (paragraph 21) He suggests that the visual impact of the proposed development is unacceptable in this location and any planting would itself be incongruous and would take significant time to establish sufficiently to have any effect and would need to be protected from damage by the pigs.
It was resolved during enforcement action that the existing structure on site - the portable unit - was lawful due to it having been on the site for more than four years.
Representations
The owner of Gateways which lies immediately to the west of the site, objects to the application on the basis of noise nuisance from machinery operating on the site and the visual impact of material and equipment stored on site, none of which is related to agriculture. Since the last refusal the works have continued on site, none in compliance with any planning approval including a hard cored tracked which is now covered in soil. He is concerned that the turning head will give rise to increased incidence of flooding and the turning head in any case is insufficient for large vehicles turning.
Lezayre Parish Commissioners are not prepared to deal with the application until the enforcement of the outstanding breaches of planning control on the site have been dealt with. Also, they are concerned that the applicant has not referred to previous applications submitted on this site.
Assessment
There are clearly two current matters which require to be dealt with on this site: one is the current application which needs to be determined and secondly there is outstanding enforcement action regarding the works to create the track which was previously refused and which is no longer proposed and the storage of non-agricultural materials on the site together with a possible use of the site for non-agricultural purposes. The two matters are quite separate and whilst the non-resolution of the enforcement matter is not ideal, it is not sufficient reason not to determine the planning application.
Similarly, even if the applicant has been undertaking non-agricultural activity on the site, the proposal is for agriculturally justified structures and activity and the application should be judged on this, bearing in mind the previous inspector’s comments about viability and scale. The proposed development is smaller in scale than was previously proposed - smaller and fewer buildings and a smaller area of hard standing and access track. Advice from DEFA would suggest that pig rearing can be profitable on a very small scale of site - the Island’s largest herd being on a site of 3 acres although this is far more intensive that what is proposed here which is more like a part time activity than a full time or viable business.
As the operation does not have to be fully commercially viable, and considering that the existing building is lawful through age, and particularly as the proposed building has no foundations and could be removed from site if no longer required, it is considered that the application overcomes the previous reasons for refusal. It should be made clear in the notice that no permission is granted to the use of any part of the site for the storage or operation of builder’s contracting vehicles or machinery and that no permission is granted for any earthworks or hardcore works other than as shown in the application and that if the field is no longer actively used for agricultural purposes and the building no longer needed then it must be removed from the site.
Party Status
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
Gateways is immediately alongside the site and as such the owners should be afforded party status
Supplementary Report
The Planning Committee approved the application at its meeting of 6th February, 2012.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 27.01.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
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 permission relates to the extension of the creation of a hardcore access track and the erection of a storage building all as shown in drawings ap00, ap02b and ap01c all received on 23rd December, 2011.
C 3. No approval is hereby permitted or implied to the use of any part of the site or of any structures or hardstanding on the site for anything other than agriculture: for clarification no construction or excavation-related vehicles or machinery may be stored on site.
C 4. If the storage building on the site is no longer required in association with the authorised use of this site, it must be removed from the site within one month of the cessation of the agricultural use of the site.
C 5. The external cladding of the proposed storage building must be dark green.
C 6. Once the proposed new structure is erected, the existing storage building must be completely removed from the site.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : ... Committee Meeting Date : ...
Signed : ... Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO
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