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| Application No.: | 14/00245/B |
| Applicant: | Lough Dhoo Farms Ltd |
| Proposal: | Erection of an agricultural building |
| Site Address: | Lough Dhoo Farm The Curragh Ballaugh Isle Of Man IM7 5BG |
1.1 The application site is part of Lough Dhoo Farm, which is accessed off the highway known as The Curragh in the Ballaugh Curraghs. While a plan has been provided showing the fields relating to Lough Dhoo Farm, the application site comprises mainly the cluster of agricultural buildings – associated barns and a farmhouse – that are relatively central within these numerous fields, but also the access track until it reaches the highway. The proposed works are on the easternmost point of the application site, adjacent an existing and recently-constructed barn (see Planning History for details). The access track runs on from the farm buildings in an easterly direction.
1.2 The topography here is very flat, with the majority of the farm buildings well-screened by quite extensive vegetation – indeed, the farmhouse and farmyard were, given the tree canopy, set in quite surprising darkness despite the site visit being conducted during bright sunshine. The site of the proposed works, along with the aforementioned recently-constructed barn, are, however, a little more visible – albeit from further afield on The Curragh at a distance of roughly 350metres
2.1 Full planning approval is sought for a new, standalone agricultural building for the purpose of storing hay. The building, measured externally, has dimensions of 18.29m in width and 36.58m in length along with a proposed pitched roof, the eaves of which would sit 4.88m above ground level and the apex of which would sit 7.33m above ground level. The barn would, but for the gables, have entirely open sides, while the roof would have some 24 rooflights set within a roof of fibre cement material, in a “Sherwood” (dark green) colour. The gables would be constructed of tantalised timber boarding.
2.2 The new barn would sit alongside that recently-approved and barn and would be of a roughly similar form if smaller dimensions and different material.
3.1 The following previous planning applications are considered to be of material relevance in the assessment of the current application:
| Case Officer: | Mr Edmond Riley |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Officer Delegation |
The officer report into this application read as follows: "The application seeks approval for the erection of agricultural barn adjacent to an existing farm holding in Ballaugh.
"The proposed barn is screened from the nearest highway by the existing farm group and will be screened from the south by existing tree planting. On that basis I consider the visual impact to be acceptable and recommend that the planning application be approved."
4.1 The site falls within an area designated as "white land" in the adopted Island Development Plan (1982). Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1, Environment Policy 14 and Environment Policy 15 of the Isle of Man Strategic Plan.
4.2 The relevant parts of General Policy 3 state: '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 reads in full: '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'.
4.5 Environment Policy 14 reads in full: 'Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to:
4.6 Environment Policy 15 reads in full: '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'.
5.1 Ballaugh Parish Commissioners have no objection to the planning application.
5.2 Highway Services do not oppose the planning application.
5.3 The Agricultural Policy Manager (APM) within the Department of Environment, Food and Agriculture (DEFA) was sought for his views on the agricultural justification on the application. A summary of the farmholding's operation was provided, with advice also being that hay is no longer a by-product and its sale makes a significant contribution to the business. The APM further advised that some 1,850 bales of hay of various size and origin were produced last year [it was not stated if this was a calendar or financial year] and that a capacity to store some 300 bales under cover currently exists at Lough Dhoo. Extensive advice was provided that, in summary, states that hay keeps poorly if stored outside. In conclusion, the APM states that "the proposed investment offers many agricultural attractions".
6.1 Approval is sought for the erection of an agricultural building. Although an assessment of the principle of the proposal (i.e. the extent to which the building agriculturally justified) is important, the other issues for consideration are: (a) the extent to which the siting, scale, colour, form and materials are appropriate, (b) the level of impact upon the countryside in terms of character and appearance that might arise from the grant of approval, and (c) the level of ecological impact that might arise from the grant of approval.
6.2 The conclusion of, and advice provided by, the Department of the Environment, Food and Agriculture's Agricultural Policy Manager in respect of the proposal are helpful. There is evidently sufficient need for the new building – only 300 of the 1,850 bales of hay produced last year can be stored inside, and the barn itself would provide capacity for an additional 1,510. The shortfall of 40 bales is not considered especially significant, although it is noted that the proposed building would not over-provide.
6.3 The second issue to consider is whether or not such storage is justified. As noted, the APM's comments weigh heavily towards a positive response inasmuch as there is clear evidence – provided by the APM in the form of a guidance leaflet published by the Agriculture & Horticulture Development Board – that storing hay inside reduces waste and thereby enables a greater profit to be returned from this part of the farming enterprise. Such matters are considered as positive material considerations. It was evident from the site visit that a number of bales of hay were indeed uncovered and outside and in unsuitable locations on the basis of this advice.
6.4 It is therefore judged that the justification for the agricultural need for the building has been established in accordance with General Policy 3(f).
6.5 As noted, the size of the building proposed is considered sufficient for the end-use proposed; this conclusion relies heavily on the findings of the APM, as the evidence indicates that the building will, in fact, not quite meet the overall need based on the most recent data.
Although there is concern that a further agricultural building may at some point be required to meet this shortfall, the changing farming operations are such as to not warrant an objection on this point, especially given the limited size of the shortfall (40 bales of hay, compared to an annual output of 1,850).
6.6 In terms of the siting, scale, colour, form and materials of the proposed building, no objection is raised. It is accepted that the building is of a relatively uninspiring design but, in the context of agricultural buildings, it is very much "of its type". That the roof colour would be a dark green and thus provide a level of camouflage from the open nature of the countryside is, however, welcome, while the proposed timber gables would match those of the adjacent barn. Moreover, the open sides would reduce any visual impact to within acceptable levels given that views would as much be "through" as "of" the building proposed.
6.7 It is further considered that the building would be appropriate in terms of its scale and massing compared with the existing collection of buildings. It is unfortunate that the building is proposed in an area that would result in the continued expansion of the overall farm buildings, but this is outweighed by the fact that it is proposed to be sited in one of the least visible parts of the farm and, also and perhaps more importantly, it reflects the financial stability of the farm, which, given prevailing economic conditions, is most welcome.
6.8 The land has been classified as Grade 3 quality agricultural land such that its loss would not be presumed against as outlined in Environment Policy 14. It is, in any case, not considered that the laying of the building would result in the PERMANENT loss of the land here as, once the building is no longer required, its removal would enable the land to be returned to active agricultural use again. On this point, it is noted that there is no proposed "base" – concrete or otherwise – for the building.
7.1 The policies of the Strategic Plan are clear that development should not take place in the countryside unless there is a clear justification for that development. On balance, the proposed building is considered to be agriculturally justified, and appropriate in terms of the proposed design and siting, and therefore a recommendation of approval is made.
8.1 The Department of Environment, Food and Agriculture is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, Article 6(4)(c), considered "interested persons" and as such should be afforded interested person status.
8.2 The local authority, Ballaugh Parish Commissioners, is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, Article 6(4)(e), considered "interested persons" and as such should be afforded interested person status.
Recommended Decision: Permitted
Date of Recommendation: 05.05.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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.
This approval relates to the following plans, date-stamped as having been received on 25th February 2014: the 1:10,000 location plan; the 1:2,500 location plan; the 1:500 site plan and 13-32385.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 9/5/14
Determining officer (delete as appropriate)
Signed : ... Chris Balmer Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Jennifer Chance Head of Development Management
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