DEC Officer Report

Application No.: 24/00773/B Applicant: Mr Shane Skelly Proposal: Erection of hobby cabin Site Address: Field 320909 Top Road Crosby Isle Of Man Planning Officer: Hamish Laird Photo Taken: 10.09.2024 Site Visit: 10.09.2024 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 12.09.2024 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed development of the site with a hobby cabin is unacceptable due to the size, scale, height and provision of accommodation on two floors in the hobby cabin which is excessive for the purpose to which it would be put, which is a leisure facility sited on a horticultural smallholding of approx. 0.46ha (1.13a acres). This is contrary to the provisions of Strategic Policy 2: Spatial Policy 5; General Policy 3(g); Environment Policy 1 and Environment Policy 15 contained in the Isle of Man Strategic Plan 2016, all of which seek to control development in the countryside unless there is an overriding national need for such development; and, to protect the character and appearance of the countryside for its own sake. - R 2. The proposed development of the site to provide an enclosed hobby cabin on two floors, which would have a ridge height approx. 5.6m; a footprint of approx. 48m2 resulting in an internal floor area of nearly 70m2, with an 'A' - shape construction of timber and shingles with a washroom suggesting a mains water connection, and solar PV panels to secure an electricity supply would be tantamount to the creation of a new dwelling in the countryside for which no justification on agricultural grounds has been provided. The small area of the land-holdingapprox. 0.46ha (1.13a acres), would not be financially viable to the extent where the income derived from the landholding could support an agricultural dwelling. This would result in an unacceptable form of development contrary to the provisions of Environment Policy 15 in that there is no overriding need for such development associated with agriculture and horticulture in the countryside; and, Housing Policy 7 which indicates that "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.", both of which are contained in the Isle of Man Strategic Plan 2016. - R 3. The proposed developed is unacceptable because the approved PA 20/00216/B horticultural storage building has been placed on site approx. 10-12m from the eastern site tree/hedge boundary and not close to the site boundary as indicated on the approved plan for this development. As such, there is insufficient space between the east facing elevation of the - horticultural storage building and the site access track to site the proposed hobby cabin. In this regard, the submitted plans for the hobby cabin are inaccurate and do not reflect the situation on the ground, and if sited in this location the development would appear cramped and incongruous. This is contrary to the provisions of General Policy 2 b) and c); General Policy 3 (g); Environment Policy 1; and, Environment Policy 15 contained in the Isle of Man Strategic Plan 2016. - R 4. Notwithstanding the above reasons for refusal, the site is not laid out for horticultural purposes as indicated on the approved site layout plan for the PA 20/00216/B - horticultural storage building application. At the time of the Case Officer's site visit on 10th September, 2024, it was laid to grass with no evidence of horticultural purposes with an Orchard; Willow Hedge - for Osier production; an Herb patch; Vegetable plots; Wildflowers; Berries; and, Beehives, as shown on the submitted site layout plan in the PA 20/00216/B application. This further brings into question the need for the development, and as such, the proposal is contrary to the provisions of Environment Policy 15 contained in the Isle of Man Strategic Plan 2016. _______________________________________________________________

Interested Person Status

None. ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site represents the curtilage of Field 320909 situated on the southern side of the A23 (Top Road), Crosby and south of Ballaclucas Farm. The land which is served by a singletrack access is considerably enclosed by trees and Manx hedges which runs along the site boundary; serving as boundary markers for the agricultural land. - 1.2 This approx. 0.46ha (1.13a acres), site is surrounded by agricultural fields with one of the fields at the southern boundary having a large pond which appears to be artificial. A smaller pond is located immediately to the west of the existing horticultural storage building on the site between it and the eastern site boundary in this area. - 1.3 The existing horticultural storage building has a mono-pitched roof which slopes into the site, having a height of 3.5m on the northern elevation and 3m on the southern elevation. As erected, entrance to it is gained via 3 No. 3.2m x 2.6m roller shutter doors on the southern elevation. - 1.4 The applicant resides at 'The Forge' which is a dwelling located directly opposite the entrance track on the north side of Top Road. The Site Notices (2) advertising the development were posted in the ground floor front window, as noted at the time of the Case Officer's site visit on 10/9/24, and were readable from public land. THE PROPOSAL

2.1 The proposal seeks planning approval for the erection of a hobby cabin on the application site. This building would be erected close to the northern hedgerow boundary of the field close to the access track which leads to the field from the A23 to the north of the site and which runs in an east-west direction. This provides easy access via the farm track serving the site. The building would be sited approx. 5.0m from the boundary to the north and 15.0m from the west wall of the horticultural storage building, also on the site. The hobby cabin building would be approx. 8.0m long and 6.0m wide (48 sq.m), on 2-stories and would be housed under a triangular shaped roof with eaves set at ground level that would be 5.6m high to the roof apex. This hobby cabin would provide:

• Ground floor: Hobby room (21m2), wash room (3m2); and, veranda (6.75m2) with stairs up to:First Floor: Wellbeing room 2.2m x 7.0m (15.4m2) with balcony measuring 3.5m x 1.5m (5.25m2)
• 2.2 The building will have external walls/roof of shingles with horizontal timber boarding for its walls at each end. Proposed door and window frames would be either uPVC or aluminium; and, solar PV Panels would be applied to the south facing side elevation/roofslope.

1.3 The supporting information provided with the application advises as follows: "Introduction The proposed Hobby Cabin will serve as a place for hobbies and wellbeing for our family, combining functionality with environmental responsibility. This project aims to create a space that is both ecologically sound and conducive to relaxation and creativity after a day of work in the horticultural fields.

Construction and Materials The cabin will be constructed from insulated timber, a sustainable material known for its excellent thermal properties and environmental benefits. Insulated timber not only provides energy efficiency but also reduces the carbon footprint, aligning with our commitment to sustainability. This choice of material ensures that the cabin remains warm in winter and cool in summer, minimising the need for additional heating or cooling.

Energy and Lighting Power for the cabin will be sourced entirely from solar photovoltaic panels, harnessing renewable energy from the sun. This setup will provide a reliable and clean energy supply, significantly reducing dependency on non-renewable resources. All lighting within the cabin will be LED, which is energy-efficient and long-lasting, further decreasing energy consumption and contributing to sustainability.

Water Management

Water sustainability is a core component of the cabin's design. Rainwater harvesting systems will be installed to collect and store rainfall, providing a sustainable source of water for various needs. Additionally, the washroom waste will undergo treatment and recycling processes. The treated water will then be repurposed for irrigation, ensuring that water usage is optimised and waste is minimised. This system not only conserves water but also supports the growth of plants around the cabin.

Interior Layout and Purpose The cabin's interior is thoughtfully designed to cater to relaxation after working in the fields. Upon entering, the ground level features a hobby room. This room will be a versatile space where family members can engage in a variety of activities. It serves as a communal area for family bonding and creative expression, promoting relaxation and mental well-being.

Well-being Room On the upper level, a well-being room is dedicated to rest and relaxation after working on the horticultural fields. This space offers a peaceful room where family members can unwind after a day of physical labour. The well-being room is designed to enhance relaxation, allowing for activities such as meditation, reading, or simply enjoying the tranquillity of the surroundings.

Routine and Lifestyle During the breaks on a day of working in the fields, the family transition into the hobby room. The process of working with hands and minds in a different capacity serves as a form of therapy, allowing each family member to decompress and recharge. Following time spent in the hobby room, family members may choose to ascend to the well-being room on the top level. This space is intended for deeper relaxation, where the calm environment supports rest

and rejuvenation. Whether used for quiet reflection or shared moments of relaxation, the wellbeing room enhances the overall living experience within the cabin.

Conclusion The Hobby Cabin is a model of sustainable living, integrating eco-friendly practices with comfort and functionality. Through the use of insulated timber, solar energy and rainwater harvesting, the cabin minimises its environmental impact while providing a nurturing space for the family. The combination of a hobby room and a well-being room fosters a balanced lifestyle, blending productive outdoor horticultural work with creative indoor leisure and relaxation. This project not only reflects our commitment to environmental stewardship but also enhances our quality of life, making it a valuable addition to our life."

1.4 Previously, documentation submitted with the PA 20/00216/B - Erection of horticultural storage building - indicated that the applicant intended to lease the land from the current owner for the proposed use. It also stated that the applicant has experience and qualifications in Arboriculture, Horticulture, Permaculture, Bee keeping and Basket weaving. This document further stated that the applicant's family rely on a plant-based diet, eating local and chemical free produce and have the ambition of producing their own on site using their own expertise. It is noted that the site was deemed ideal for horticulture due to the soil conditions, available south facing light and shelter afforded by the hedging surrounding the site. - 1.5 The horticultural storage building was to be used for:

• i. Storage of equipment including hand tools, rotavator, midi-tractor, topper (mower).
• ii. Storage of Organic fertilizer
• iii. Storage of compost and on-site composting
• iv. Storage of seeds and plants
• v. Propagation of seeds and plants PLANNING POLICY

3.1 The site is shown on the 1982 Development Plan Map as being land that is not designated for any particular purpose, albeit, the site is within an Area of High Landscape or Coastal Value and Scenic Significance. Within the Isle of Man Strategic Plan, the following policies are considered relevant: - 3.2 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph

• 6.3. (and General Policy 3).

3.3 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. - 3.4 General 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:

• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.

3.5 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 overriding 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.

3.6 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.

3.7 Section 7.14 of the Strategic Plan: Horticulture

• 7.14.1 The use of land for horticulture, market gardens or nursery grounds is common on the Island and often found on sites in the urban fringe or free-standing in the countryside. Such uses can contribute to the economic activity of rural areas, but the requirement for buildings and adequate access and parking spaces means that such developments can be intrusive in the countryside. The development and expansion of such sites needs to be carefully managed particularly where there are traffic implications and in order to prevent the proliferation of buildings, which may include growing tunnels and external displays and greenhouses, leading to an adverse impact on the character of such areas.

• 7.14.2 Selling the produce grown in a market garden or a nursery from the site may not constitute development, but retailing other products does, and will be subject to the Department's general retail policies.

3.8 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 application site has been the subject of a single planning application which is considered to be materially relevant in the assessment and determination of the current application:

4.2 PA 20/00216/B - Erection of horticultural storage building at Field 320909, Top Road, Crosby - Permitted - 12/5/20. - 4.3 PA 18/01157/B - Erection of an agricultural building for the storage of agricultural machinery - Refused - 17/4/2019 - Refused at Appeal - 22/8/2019.

• 4.3.1 The application was refused on the premise that the applicant did not provide adequate justification to demonstrate that the agricultural need for a new building, sufficient to outweigh the conditions stipulated in GP3 and EP2.
• 4.3.2 It was also noted in the Officer's report that there was no formal tie between the application site and the site that the equipment to be stored on the site would be required for, or any of the adjoining fields. The report also highlighted the fact that the use of the site in connection with The Braaid Farm could lead to future pressure for commercial use of the site.

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

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 10 March 2020.

5.2 Marown Parish Commissioners have made the following comment regarding the application in a letter dated 19 March 2020:

The Commissioners have considered the above at their meeting on Wednesday last. The Commissioners are not convinced of the need for such a large building in terms of footprint and, more particularly, height being required for the stated purpose and without further and better information are unable to support the application.

ASSESSMENT

6.1 The key issues to consider when assessing applications such as this are the principle of the development and the impact the development will have on the character of the countryside.

The principle of development for the erection of a hobby cabin building

• 6.2.1 As with any countryside development, there is a presumption against any which would adversely impact the countryside. With this development proposal, located in the countryside, it must be established if there is sufficient need for the building.

• 6.2.2 The applicant has outlined the case for the development in their supporting statement and submitted plans. The application follows on from the grant of planning approval for PA 20/00216/B for the erection of a horticultural storage building which has been erected on the site close to where the proposed hobby cabin would be sited. The applicant has advised that the hobby cabin would: "Through the use of insulated timber, solar energy and rainwater harvesting, the cabin minimises its environmental impact while providing a nurturing space for the family. The combination of a hobby room and a well-being room fosters a balanced lifestyle, blending productive outdoor horticultural work with creative indoor leisure and relaxation. " Impact on the character of the countryside
• 6.2.3 It is considered that the size and scale of the hobby cabin is excessive for the purpose to which it would be put, which is to provide an enclosed hobby area associated with horticultural activities by the applicant's family on this approx. 0.46ha (1.13a acres), site. The hobby cabin would be on two floors and would have a height approx. 5.6m and a footprint of approx. 48m2 resulting in an internal floor area of nearly 70m2. The proposed design and 'A' - shape

construction of timber and shingles with a washroom suggests a mains water connection, and solar PV panels to secure an electricity supply. It is considered that this would be tantamount to the creation of dwelling in the countryside for which no justification on agricultural grounds has been provided. The small area of the land-holding- approx. 0.46ha (1.13a acres), would not be financially viable to the extent where the income derived from the landholding could support an agricultural dwelling. This is contrary to established planning policy. It is questioned why so much accommodation is required for a hobby cabin, which would be located on a relatively small area of land, and concern is raised regarding the structure needing to be

• 5.0m high in this countryside location with an upper floor level of accommodation. It is also queried how water butts would be used to harvest rainwater when such a steeply pitched roof that has its eaves at ground level is employed?
• 6.2.4 It is considered that the principle of development is not accepted and that the siting of the hobby cabin, amounts to unwarranted and unacceptable residential development in the countryside. It is noted that similar designed units are used for residential purposes, with examples located at Grafham Water in Cambridgeshire in the UK, which are used specifically as holiday lodges. The agricultural/horticultural need for the new building is, therefore, not accepted. The proposal for a hobby cabin on this site in the countryside fails to accord with the provisions of Policies STP2, SP5, GEN2, GEN3, ENV1 and ENV15 in the Isle of Man Strategic Plan and should be refused.

• 6.2.5 The site where the hobby cabin would be sited is set back from Top Road and accessed via a single lane farm track from the public highway. Hedging and trees around the site provide a good degree of screening and the site for the proposed cabin is not available to public views from the road or any other nearby public vantage point. Nevertheless, given that the principle of development is not established it is considered that the proposed erection of the hobby cabin would be contrary to the provisions of Policy GEN2 b) and c) in the IoMSP 2016, which respectively require: "GEN2 (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; GEN2 (c) does not affect adversely the character of the surrounding landscape or townscape; " It would also be contrary to the advice contained in Policy GEN3 (g) Indicates: "(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative;" Here, there is no overriding national need. Part of the existing PA 20/00216/B - horticultural storage building, could if needed, be used.
• 6.2.6 Policy ENV1 seeks to protect the countryside and its ecology for its own sake unless there is an overriding 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. As indicated above in respect of Policy GEN3 (g), it is considered that there is no overriding national need in land use planning terms for the Hobby Cabin. In addition, the proposal fails to comply with the provisions of Policy ENV15 which (inter alia) in seeking to protect the character of the countryside, requires the Department to be "satisfied that there is an 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." Here, such requirements are not satisfied by this proposal.
• 6.2.7 During the site visit by the Case Officer's site visit, it was noted that the approved PA 20/00216/B - horticultural storage building had been placed on site approx. 10-12m from the eastern site tree/hedge boundary and not close to the site boundary where it should have been as indicated on the approved plan. Whilst the size, scale and roof-shape of the approved

• structure reflected that of the development permitted, it was served by 3 No. roller-shutter doors as shown on the previously refused/dismissed application. Given the position on site of the horticultural storage building, physically, there is insufficient space between its east facing elevation and the site access track to site the proposed hobby cabin. In this regard, the submitted plans for the hobby cabin are inaccurate and do not reflect the situation on the ground. If sited in this location the development would appear cramped.
• 6.2.8 In respect of the PA 20/00216/B - horticultural storage building application, the submitted site layout plan showed the site laid out for horticultural purposes with an Orchard; Willow Hedge - for Osier production; an Herb patch; Vegetable plots; Wildflowers; Berries; and, Beehives. The application drawings indicated that such horticultural operations were either ongoing, or soon to commence. The Decision Notice for this application was issued on 12/5/2020. At the time of the Case Officers site visit on 10/9/24, the site was laid to grass which had been mown, and none of these crops or activities were in evidence. It is doubted whether the land has been cultivated for such purposes. This further calls in question the need and purpose of the proposed hobby cabin.

CONCLUSION

7.1 In summary, it is considered that there is no agricultural or horticultural need for the hobby cabin, because:

• o The proposed erection of the hobby cabin would be contrary to the provisions of Policy GEN2 b) and c); GEN3; ENV1 and ENV15 in the IoMSP 2016, in that its siting would have a harmful visual impact on the character of the site in this open countryside location.
• o The siting of the hobby cabin amounts to unwarranted residential development in the countryside in that its size, scale and internal layout, which could easily be altered once erected, amounts to the creation of dwelling for which no justification on agricultural/horticultural grounds has been provided.
• o The approved PA 20/00216/B - horticultural storage building has been placed on site approx. 10-12m from the eastern site tree/hedge boundary and not close to the site boundary as indicated on the approved plan. As such, there is insufficient space between the east facing elevation of the horticultural storage building and the site access track to site the proposed hobby cabin. In this regard, the submitted plans for the hobby cabin are inaccurate and do not reflect the situation on the ground, and if sited in this location the development would appear cramped.
• o The site is not laid out for horticultural purposes as indicated on the approved site layout plan for the PA 20/00216/B - horticultural storage building application.

The need for the hobby cabin and the adverse impacts on the countryside it would have, are unacceptable. The proposal, therefore, fails to comply with the aforementioned policies of the Isle of Man Strategic Plan 2016, and is recommended for refusal.

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

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _____________________________________________________________________

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Refused Date: 13.09.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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