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Application No.: 17/00678/B Applicant: IOM Goats Proposal: Alterations, erection of a facility for the rearing / husbandry of goats with associated dairy, butchery, cafe, farm shop and visitor centre along with parking, access alterations and landscaping Site Address: Field 234267 High Tilt Farm Douglas Road Kirk Michael Isle Of Man Case Officer : Mr Edmond Riley Photo Taken: 17.07.2017 Site Visit: 17.07.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 06.11.2017 _________________________________________________________________
C : Conditions for approval N : Notes attached to condition
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.
Reason: In the interest of ensuring sufficient parking and manoeuvring within the application site.
Reason: In the interest of ensuring sufficient parking and manoeuvring within the application site.
Reason: To prevent the undesirable establishment of a more general retail use in this countryside location.
Reason: The part of the building shown as farm shop shall not be used for any other purpose within Class 1 of Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification).
The development hereby approved relates to Drawings 20, 21, 22, 24 and 25 and the Design and Access Statement (all date-stamped as having been received 26th June 2017), and also to Drawings 26.6 and 26.3 Rev A (both date-stamped as having been received 24th October 2017).
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are 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):
_____________________________________________________________________________ Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE OWING TO THE NATURE AND SCALE OF THE DEVELOPMENT PROPOSED, WHICH COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE - 1.1 The application site is a dog-leg-shaped parcel of land situated to the rear of a number of dwellings that line Douglas Road in Kirk Michael. The land is associated with High Tilt Farm, the land ownership of which extends significantly to the north and northwest, being largely bounded in these directions by the eastern extent of Kirk Michael itself. High Tilt Farmhouse is situated just to the northeast of the application site, within the blue-edged land. High Tilt Farm is an established agricultural enterprise, with heavy reliance on goat livestock - hence its perhaps more commonly known name, Isle of Man Goats.
1.2 The site is accessed between two dwellings - 'Westlands' and 'Cass A Lergy' - via an existing highway access. The access lane runs along the southeastern boundary of the site and is formed of block paviours with trenches either side. There are a number of trees that line this access road, while the field within the application site also has a number of existing trees to the western and northwestern boundaries. - 1.3 The site cannot be readily viewed from the highway, and the existing trees also help screen it from the neighbouring dwellings.
2.0 THE DEVELOPMENT PROPOSED - 2.1 Full planning approval is sought for the erection of a building to provide a goat rearing / husbandry facility with associated and ancillary uses, comprising:
2.2 Beyond the building, there would also be associated parking, decked viewing areas, goats / kids play areas ('kids' in this sense understood as being children rather than young goats), and some tree-planting. The building itself would be almost rectangular in plan, and would be finished with a mixed of timber cladding and metal profiled sheeting, with the pitched roof finished in grey. There would be five extract vents sitting proud of the roof apex, with others inserted in the gables. The main building's apex would be 8.3m above ground level, while the associated single storey element has a mono-pitched roof 4.6m above ground level and joining the larger element the latter's eaves level. The long elevation would measure 44m, with the short elevation measuring 31.3m at its longest and 25m at its shortest. - 2.3 The application includes a Supporting Statement, which explains the rationale behind the proposal and also gives some more specific comments in respect of the discrete elements of the scheme. Goat barn - 2.4 This will be to house Angora goats over-winter in line with best practice, as well as kidding for this species and also Boers. There will be a small number of dairy goats for retailing of their milk, possibly their cheese, and also with the possibility of these along with the meat being used in the café. Farm shop - 2.5 This would be to sell not just Isle of Man Goats' own products but also "those of other small Manx producers. A real hub for sellers and buyers". The applicants are understood to be passionate about promoting local produce. - 2.6 The café would have what is described as an idyllic setting on the farm with a glass frontage to the south and west, incorporating the outside seating areas and a play area for children. The café is intended to provide a range of "light bites, cakes, etc.", all produced locally, to include meat, dairy, salads / vegetables and fruit grown on the land but otherwise sourced locally. Roughly 20-30 covers would be provided. Commercial kitchen
2.7 This is proposed to be created for the café and tours with "specialist cookery courses, etc." concentrating on goat meat and dairy usage. Community butchery and chill storage facility - 2.8 While the farm's goats would continue to be slaughtered at the abattoir, it is intended to store the meat at the site. The 'community' element was described by the agent as follows:
"Generally the small pig / goat producers have their animals culled at the abattoir, but once they have carcasses back, do not have facilities to do butchery / packaging. As IOM Goats are looking to provide their own sterile butchery facility, there are a few producers which may book times to butcher their own meats. This does not affect the local butchers as this is only the likes of the specialist independent goat and Tamworth pig farmers supported by DEFA."
Fleece / Yarn / Dyeing area
2.8 This area is for the processing of mohair fleeces and also for the running of workshops / courses in the use of yarn. It is understood that most wool is sent off-Island and made into socks and other products for resale here. Farm tours - 2.9 There are already tours of the existing facility at Ballanorman Farm in Ballaugh. These have proved very popular for children, families, schools, elderly people and those with disabilities, and it is intended that these would be run from the proposed building, but with additional facilities. - 2.10 These would occur roughly 1-2 times per day (Monday to Thursday, 11am to 1pm and 2pm to 4pm), from March / April through to September (when goats are kidding). Roughly 1012 people would be expected on each tour, each comprising a mixture of adults and children, and for a two-hour period, depending on weather. The building proposed - 2.11 The statement notes that the proposed building is intended to maximise environmental design and sustainable energy through the use of solar and wind power energy, greywater recycling and reed bed cleaning. Other matters - 2.12 In addition to the building and the uses it would provide, a new access lane is proposed within the site, along with new tree-planting. The new access lane would, along with the car parking area proposed, be laid with gravel matting. The existing access lane would be retained and, while the drawings appear to show two 'in' routes and therefore no 'out' routes, this is likely an error in the positioning of arrows. A new tarmacadam entrance area would be created behind the existing access, along with new render walls and piers to match the existing at a height of 900mm. - 2.13 The envisaged number of employees would increase from four to between eight and 10.
3.0 RELEVANT PLANNING HISTORY - 3.1 As noted, High Tilt Farm is an established agricultural enterprise, and this is borne out in the recent planning history related to it, which includes the erection of an agricultural building under PA 15/01299/B and nine livestock shelters (PA 14/01267/B).
4.0 THE DEVELOPMENT PLAN - 4.1 The application site has two Local Plan zonings that apply: 'Open Space (Agriculture)' to the eastern side, and Predominantly Residential to the west. In respect of the latter zoning, it is noted that two applications have previously been submitted for residential development of significant scale, but both were refused. The primary concern related to the poor visibility that could be achieved from the access that was proposed at the junction of the A3 Peel Road and A4 Douglas Road - off which the application site is accessed. There are no policies within the Kirk Michael Local Plan that are considered material in respect of the assessment of this application, although it is worth noting that the Local Plan does not specify a particular retail or village 'centre' for the settlement, but there are areas zoned as a mixture of Retail and / or Residential. - 4.2 At this stage, then, it is appropriate to assess the proposal against those policies that relate to development in the countryside; it is to be noted that the countryside here does not have the additional 'High Landscape Value' protection. - 4.3 The Strategic Plan does presume against development on land not zoned for it, and the location of the proposed building would be sited on the land zoned as Open Space (Agriculture). However, there are also exceptions to this where there is a defined, essential agricultural need. - 4.4 Part (f) of General Policy 3 states that development essential for the conduct of agriculture is one of those exceptions, with Environment Policy 1 clear that the countryside should be protected for its own sake but Environment Policy 15 setting out the general criteria for approving applications where the Department is convinced that there is an agricultural need for a new building. It is worth noting the wording of that policy in full here:
"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."
4.5 Whereas there is a clear policy support for the re-use of existing buildings of architectural, social or historic interest as non-residential (Environment Policy 16), it is a matter of fact that there is no existing building on the site, and it is a further matter of fact that there are uses proposed within the building that are not agricultural, albeit that they may be linked to the business operating here. - 4.6 As such, reference also needs to be made to Business Policy 10, which directs new retail uses to established town and village centres. Business Policy 11 adds further protection: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development
"One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the diversification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses):
"It is normally the case that such a development would be supported by a Transport Statement giving more details of the access and forecasts of traffic generated by the different uses.
"There are no details of the number of vehicles that are forecasted to visit the site, whether the number of parking spaces are adequate or what provision there is for service vehicles.
"It is important that pedestrians who visit the site on foot are catered for in terms of adequate provision in the form of a footway / footpath…this can also be extended to cyclists.
"Visibility is a key part of determining whether an access is safe for drivers emerging out onto the public highway but also for drivers on the main road approaching the site access from the north / south.
"Drawing no 860.21 shows visibility splays in either direction 2.4m x 110m, the visibility to the left is not drawn correctly, the splay should terminate at the kerb on the site side of the carriageway....this has been measured on site and is 2.4m x 30m.
"Such a reduction is visibility is not considered acceptable and is therefore a concern given vehicle speeds on this particular stretch of road."
"The drawings now show the applicant can achieve a 90m sightline in either direction based on a 2.4m set back.
"The applicant has provided additional information on the typical traffic generations and number of parking spaces for the development, these I believe are a reasonable forecast of what you would expect.
"Whilst there maybe peaks in terms of visitors to the farm shops / café type attractions during the summer it is the view of highway services that the site can accommodate additional demand given its size.
"Nevertheless, I would not want to restrict the granting of planning permission on highways grounds.
"Therefore please attach the following conditions:
5.2 Kirk Michael Commissioners offered no objection to the application in comments received 14th July 2017 and repeat this in comments received on the 3rd November 2017. - 5.3 The owner / occupier of Lhergy Vreck Farm, which is situated to the northeast of the application site, and who has a right of way over the access to the application site, objected to the application in comments dated 17th August 2017 but date-stamped as having been received 19th September 2017. In summary, his concerns are:
5.4 The agent to the application responded to the comments made as follows:
"Mr Rhys-Davies does not 'share' the drive as this implicates ownership. He has a right of way access his property. It is not Mr Lewis' land that is subject to the Planning Application: this land is owned by a separate company, which has only one shareholder. Mr Rhys-Davies chooses to add the term 'Farm' onto the title of his property Lhergy Vreck Farm. However, he is, and never has been, a farmer of the small amount of land he owns. He is we understand hardly ever in residence, but spends most of his time in New Zealand and/or Los Angeles.
"The planning notice was clearly displayed and a copy of the photographed notice was given to the Planning Department.
"The existing Farm access is already used many times a day. High Tilt is a busy working farm and since the farmers, currently live on their much smaller Holding just north of Ballaugh, are frequently going to and from the main Holding at High Tilt. Last year they erected a new barn during Winter 2016/17 with full planning permission. We have reason to believe that Mr R-D was absent from Lhergy Vreck for such a long period during that Planning Permission and build time that he was totally unaware of the new barn until he saw it completed when he returned to the Island after a lengthy absence.
"It should be noted that Mr Rhys-Davies is not party to IOM Goats stocking levels now or in the future and we are unaware of him having any knowledge of the true returns that can be achieved from a well-run agricultural business. "Mr Rhys-Davis we understand is not a Farmer with Goat Rearing Expertise. IOM Goats herd started with 13 goats in Autumn 2012 and it peaked at 285 goats in June 2016. They keep very accurate records, not just for business purposes, but also because it is a legal requirement with DEFA of any livestock farming. As of the 17th October 2017 the goat herd stands at 169 animals.
"We are not sure where Mr Rhys-Davies is obtaining his data from concerning Goat Rearing & Market Values. Perhaps from the UK where there are quite a few goat meat producers competing against one another? IOM Goats Limited are the ONLY farm on the Isle of Man to produce goat meat, goat skins, and a range of Angora goat Mohair products. They do not sell our goat products wholesale, but sell everything direct to their customers. Their meat prices are some of the highest on the Island and all our meat is sold on Island for the benefit of the Island community.
"IOM Goats do not farm Saanen Goats so we are not sure of the significance of this data.
"There appears to be a complete misunderstanding of any aspect of goat farming. Yes, Kid Mohair is highly prized and our Laceweight Manx Mohair knitting yarns, made only from our Finest Kid (first shearing) sell for £38 per 100g. However, the kid fleeces are useless for turning into our highly popular Manx Mohair socks. For Mohair socks only the fleeces from older animals are required as the hair has become smooth rather than baby soft. So we use only our adult fleeces for the sock yarn for our range of Manx Mohair socks. In the first 12 months of sale our sock turnover was well in excess of £20K and our socks have gone to many parts of the world including Australia, New Zealand, Japan, Siberia, Canada, USA, various parts of Europe, and have even been worn on the Antarctic peninsula.
"IOM Goats have hundreds of visitors to their home farm in Ballaugh to do just that… 'play' with the goats. They run 'kidding chaos' which is similar to Lambing Live events that some sheep farmers run. On their last Open Weekend, advertised only 5 days before it was held, they had over 350 visitors in two days. There are all sorts of ways of increasing the economic return of goats. For example, Goat Yoga is the current 'must do' in parts of the USA. Diversification is a must in current farming and IOM Goats aim to follow through on many goat diversifications. They are in the process of changing the herd make up slightly to include dairy goats and have reserved some very special dairy goats that will be born in Cheshire early next year. Constantly they are being asked for Goat Milk, hence the proposal to create a facility that can offer this service to the IOM Market. Goats' milk is nutritionally closest to cows' milk than other alternatives and yet it has certain physical properties that set it apart. Many people who perceive they have issues with cows' milk can drink goats' milk without any problems, and even say that their symptoms (such as eczema; asthma; bloatedness; constipation; digestive discomfort and catarrh) are reduced or go away altogether.
"Again there appears a complete lack of knowledge re goats: goats have almost zero lanolin in their coats/fleeces (which are hair, not wool) and they also have little body fat for insulation. This combination, being the opposite of fat, waterproof sheep, mean that goats MUST have access to weather proof shelter 24/7. They must be able to get in from rain. All the fields have either a field shelter or access to a barn for the grazing goats. Interestingly the Boer goats like to sleep out in a hard frost, but all our goats run into the shelters at the slightest drop of rain.
"The herd is predominantly kept free range. Only if ill and needing TLC or at kidding time are Does kept in and this is vital for various reasons:
"IOM Goats are in the process of applying 'lean principles' to their goat business. Higher numbers are not possible as our stocking ratio is dependent on our acreage as free range with access to shelter is the best way to keep goats. With good business practice, diversification, and 'leaning', income can be increased without having to increase the goat herd. IOM Goats do not advocate and never will pursue 'factory farming'. The extra barn space will be invaluable for the Angoras when they are first sheared which has to be March and September/October each year. Also the extra space for easier kidding. Of course the large barn will also provide the extra space required for milking. It does not mean that the sheared goats or the dairy goats will be locked in and never see a blade of grass. It is about having the facilities to exercise best practice at any given time.
"IOM Goats have never knowingly facilitated direct contact with an ill goat and any member of the public. Of course goats can get ill and they are experienced with all sorts of injuries and infections that a goat can sustain and the necessary treatment. They seek the advice of local vets whenever they need to. The new facility will not need to have any poorly goats in it. IOM Goats have already decided that a 'sick bay' when needed will be at their home farm well away from the main herd. The new facility will give them such options.
"The goats are all grazing fields that abut the school, the pub and various private residences already. IOM Goats take exception to this [flooding-related] comment particularly. Some years ago they traced the pooling of rainwater in their bottom field (behind Kelly's Yard) to the blockage in a drainage ditch belonging to Mr R-D and Mr and Mrs Naylor. When approached all parties denied ownership of the drainage ditch. Since the Lewis family had originally farmed a larger acreage at High Tilt, that included Lhergy Vreck they literally knew the lie of the land. They confirmed ownership of the drainage ditch through the Land Registry to the above parties and had to involve the Water Board to ensure proper clearance of a very large fallen tree that was blocking the ditch. They also found that the culvert that ran under the yard at Lhergy Vreck (the Naylors and Mr R-D being jointly responsible for) had completely collapsed. This resulted in ALL the water running off the hill behind Lhergy Vreck flowing over the lower fields instead of being contained in the drainage ditch. When they started goat farming on the land, some of the ground beneath field gates had been eroded by approximately 18inches due to Lhergy Vreck`s neglect of its waterways.
"IOM Goats Limited after ongoing consultation have been given the full support of the Village Commissioners, DEFA and the Tourist Department for this application and its proposals for the business and public interaction. DEFA wants IOM Goats to make it 'a Destination'. It ticks all the boxes pertaining to the Government's Food Matters Strategy as IOM Goats seek to diversify
their goat business further and bring more products to the local community. It will of course provide employment opportunities and a great venue for the community & Island visitors. They have sold all their goat products direct to their customers for the last 4+ years. They know their customers and know their target audiences. They have straw polled many of the people who buy from them about this Planning Application and every time the answer is the same; yes please, we will support it and cannot wait for it to be up and running."
5.5 A letter of objection from the owner/occupier of Little Acres, Baltic Road was recieved on the 6th November 2017 and raises various concerns as summarised below.
6.1 The planning application raises a number of issues owing to the variety of uses proposed:
6.2 The established nature of the agricultural enterprise, and the applicants' long-term interest and work in an agricultural background, are together sufficient to conclude that the agricultural elements of the proposed building are acceptable in principle. The 'essentialness' test as set out in General Policy 3 and Environment Policy 1 is, therefore, considered met.
The principle of non-agriculture-related development in this location, specifically retail (Class 1(a)), café (Class 3) and commercial kitchen (Class 5)
6.3 While the agricultural element of the building is judged acceptable, it is a matter of fact that this is inextricably linked with the other elements. There is a much more difficult balance to reach: were there solely a shop, café and commercial kitchen proposed here then it is likely that the principle would be concluded as being unacceptable as they would fail to comply with the policies that seek to protect the countryside for its own sake (and could also fail the policy tests that require new retail space to be located within existing town centres as set out in Strategic Policy 9; Business Policies 9 and 10). While there is an exception to this principle for essential agricultural need, there is no equivalent provision in respect of Classes 1, 3 and 5.
planting and hard and soft landscaping will reinforce the boundaries of the site and also retain a quasi-agricultural, but essentially rural, character and appearance.
The impact on neighbouring living conditions
6.15 Owing to its position, the building itself would not affect neighbouring living conditions. It is too far from existing residential dwellings to result in any material loss of outlook. - 6.16 However, the comings and goings of vehicular traffic will have a material impact. At present, traffic movements are limited to those associated with the farm already and also the small handful of private residences along this track. The number of people potentially visiting this facility would increase those traffic levels significantly and, with the access proposed to be immediately between two dwellings, there is a chance that this increase in traffic movements both in and out - throughout the week may well harm local living conditions through the noise created by vehicles, which, it must be remembered, will be private cars, possibly minibuses or coaches, and certainly commercial (delivery) vehicles. While there is an argument that the people here live immediately adjacent to the TT course, and therefore some element of disruption from vehicles is inevitable, this is at present limited to four weeks per year. - 6.17 The road is a busy one (irrespective of its being the TT course: it is busy as a main route through the Island) at present, and any additional noise arising from the vehicular traffic associated with the proposed building does not seem likely to result in an unduly harmful impact on neighbouring living conditions. This is something of a balanced judgement - in the absence of any noise reports - but strong weight has been given to the lack of objection received on this point and also the general disturbance that already exists to some degree purely by virtue of the existing highway. The acceptability of the proposed development from a highway safety point of view - 6.18 The views of Highway Services are relied upon. The additional traffic can, it would appear, be accommodated safely from the access, and the development would be connected to a main road capable of accommodating additional levels of traffic. The conditions recommended by Highway Services are considered reasonable. Other issues - 6.19 The concerns raised with regards disease are not really capable of being material planning considerations, since there is no way to control the number of livestock on a particular area of land through the planning process. Concern regarding the commercial viability of the development is not a material consideration per se, but the potential impact of the business failing in terms of the effect on the long-term use of the land has been addressed earlier in this report.
7.1 The application has a number of positive features. While there are clearly some inprinciple concerns, it is concluded that these are outweighed by the otherwise limited harm that these would seem likely to bring, alongside the positive nature of the detail of the application. The Island is lucky to benefit from a close relationship between its residents and its farm animals, and this application would help develop that relationship further. While the concerns raised by the local resident are noted, these are not judged sufficient on which to base a recommendation to refuse.
7.2 Conditions are required in order to provide an appropriate level of control over the use of the building, which is key to its acceptability. Three of the recommended conditions reflect those attached to the approved farm shop at Close Leece Farm, which the Planning Committee may recall assessing and determining earlier this year (PA 17/00322/B). It is to be
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision-maker must determine:
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: 13.11.2017
Signed : E RILEY 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
Application No. : 17/00678/B Applicant : IOM Goats Proposal : Alterations, erection of a facility for the rearing / husbandry of goats with associated dairy, butchery, cafe, farm shop and visitor centre along with parking, access alterations and landscaping Site Address : Field 234267 High Tilt Farm Douglas Road Kirk Michael Isle Of Man Presenting Officer : Mr Edmond Riley Addendum to the Officer’s Report
The Committee noted that Highway Services recommended three conditions but that only one of these had made its way onto the recommended condition set. Accordingly, they enquired as to whether or not those conditions should be added, and it was agreed that they had likely not been included because of an error and it was therefore agreed that they should be included on the approval 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.
Reason: In the interest of ensuring sufficient parking and manoeuvring within the application site.
Reason: To prevent the undesirable establishment of a more general retail use in this countryside location.
Reason: To prevent the undesirable establishment of a more general retail use in this countryside location.
Reason: The part of the building shown as farm shop shall not be used for any other purpose within Class 1 of Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification).
The development hereby approved relates to Drawings 20, 21, 22, 24 and 25 and the Design and Access Statement (all date-stamped as having been received 26th June 2017), and also to Drawings 26.6 and 26.3 Rev A (both date-stamped as having been received 24th October 2017).
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