Loading document...
Application No.: 25/90368/B Applicant: Kris Devereau Proposal: Replacement of existing agricultural building Site Address: Ballakaighen Farm Staarvey Road Cronk Y Voddy Peel Isle Of Man IM5 2AS Planning Officer: Hamish Laird Photo Taken: 13.05.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.05.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
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.
The proposal complies with the provisions of General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 15 in the Isle of Man Strategic Plan 2016, and is recommended for an approval.
The development shall be carried out in accordance with the submitted drawings and details in the planning application dated 4th April, 2025, as supported by site photographs received on 15th April, 2025, unless otherwise stated. Such details are:
Site Location and Ownership Plan @ scale 1:5,000, showing site edged red and land comprising the farm holding edged blue; Proposed Site Plan @Scale 1:7500 showing location of building to be replaced edged red; Proposed Site Plan @Scale 1:500 showing location and extent of building to be replaced edged red; Drawing No. P7246-01 - Plan and Elevations; Aerial photograph of the building to be replaced cross-hatched and edged red on photograph;
_________________________________________________________________ Right to Appeal None.
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is the curtilage of Ballakaighen Farm, Staarvey Road, Cronk Y Voddy, Peel. This comprises and existing farmhouse and a ranges of both traditional and modern farm buildings located in a cluster to the south of the farmhouse. 2 No. separate farm livestock buildings are located to the south of the site and screen it from views from the south The site is located on the west side of the Bayr Ny Staavey Road, which is located to the west of the A3 St John's to Kirk Michael Road. The surroundings are countryside interspersed with the occasional dwelling and farmstead.
2.0 THE PROPOSAL - 2.1 The proposed is the erection of a replacement of existing agricultural building. The new building would be sited between existing structures and involves the removal of the existing, time expired, steel framed, corrugated sheeting walled and roofed structure with a similar structure with steel frame, concrete wall panels with Box Profile Plastisol coated metal sheets (colour green) above under a Natural Grey "Profile 6R" single skin fibre cement pitched roof containing Perspex roof-lights on the both sides of the roof-slopes to allow daylight in. Length
3.0 PLANNING HISTORY - 3.1 22/00126/B - Erection of an agricultural building and installation of a silo - Permitted -
28.04.2022.
3.2 19/00952/B - Erection of a replacement farmhouse - Permitted - 17.12.2019. - 3.3 17/00256/B - Erection of agricultural building for livestock and feed - Permitted 19.04.2017. - 3.4 84/00604/B - Extensions to agricultural building and formation of new access, Field 518, Ballakaighen Farm, German - Permitted.
4.1 The site is not within an area with specific land use designation in the 1982 Development Plan, meaning it is considered to be part of the countryside. - 4.2 The site is within an Area of High Landscape or Costal Value and Scenic Significance (AHLV).
4.5 General Policy 3, which provides an overall requirement for all development proposed outside areas zoned for development, states: "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." Design - 4.6 Strategic Policy 3 focus on the visual design of developments, they state that the design should take account of the local materials, character and identity of its immediate locality, in terms of buildings and landscape features. Focused on landscaping. - 4.7 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Environment and Agriculture - 4.8 Environment Policy 1 states: "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." - 4.9 Environment Policy 2 states: "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:
4.10 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 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."
Other
4.11 Community Policy 7 and 10 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. - 4.12 Infrastructure Policy 5 states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." PPS and NPD - 4.13 No Planning Policy Statement or National Policy Directive is applicable to this application. - 4.14 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly."
5.1 German Parish Commissioners had made no comments on this application by the report drafting stage (21.05.2025). - 6.2 Highway Services - had made no comments on this application by the report drafting stage (21.05.2025).
5.3 No third Party (neighbour) representations had been received on the application by the report drafting stage (21.05.2025). - 5.4 Overall date of expiry for responses was 16.05.2025.
7.1 The key considerations of this application are its principal, its impact the character of the area. Principal of the Development - 7.2 A site visit and the agricultural statement provided by the applicant have confirmed that there is agricultural activities and that there is a need to replace the existing agricultural
building on the site which is time expired. Therefore, the proposal complies with the provisions of General Policy 3.
Character of the Area
7.3 The site is located in the countryside and is represented by an existing farm building set amongst others of similar styles. The design of the replacement building is functional and practical and the proposed positioning of the building on the site set between existing structures; its height; width; depth and the proposed materials to be used would fit in with the adjoining farm buildings and the sites rural surroundings. The applicant has clarified that post development there would be no change in the floor level of the new structure over the old one. Although the site is located within an AHLV, the positioning of the new building amongst others would result in a minimal impact on the character of the AHLV. Therefore, it is considered that there is no negative impact on the character of the area. This accords with the with the provisions of General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 15 the Strategic Plan. Other matters - 7.4 There are no neighbouring dwellings adjoining or near the site. There would be no impacts on any residential amenities. There would be no highway safety issues arising as this is a one for one replacement building and traffic generation levels and access to the site would remain as existing. There are no ecological implications arising from the proposed development.
8.1 The proposal is considered to comply with the provisions of General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 15 the Strategic Plan. Therefore, it is recommended for an approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 : Permitted Date: 21.05.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.
Copyright in submitted documents remains with their authors. Request removal
View as Markdown