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Application No.: 10/00714/B Applicant: J R Creer Ltd Proposal: Erection of an agricultural building Site Address: Field 430435 Middle Cordeman Cordeman Road St Marks Ballasalla Isle Of Man ### Considerations Case Officer : Miss S E Corlett Site Visit: 17.06.2010 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Malew Parish Commissioners Notes: Comments received
The site represents a field located on the western side of Cordeman Lane which runs to the north of the Bayrauyr (B30) to the north west of St. Mark's. Defined in blue is the remainder of Middle Cordeman Farm which stretches northward to Stoney Mountain Plantation and southwards to the B30. The farm buildings are centred around a farm dwelling and large barn and an approved farm shop (see Planning History below). The site defined in red falls outside this area and lies some 250 m to the north east and across two fields. There is an existing shed in the field - 36 m by 22 m and 8 m tall. This building can clearly be seen from the east - from the A26 Braaid Road.
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as "white land", that is, not designated for development. On the draft Southern Area Plan which was published on 23rd October, 2009 the site is within an area of Open Space and identified as Incised Slopes on the Landscape Character Assessment. The following guidance is provided within the draft Area Plan: "Incised Slopes - Ballamodha - Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: 16 August 2010 10 / 00714 / B
This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact.
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:
The following applications have been considered in respect of this site:
PA 04/00994/B - Erection of an agricultural building Status - Permitted 23rd August 2004 Conditions PA 04/02284/B - Installation of a feed canopy on approved agricultural building (04/00994B) Status - Permitted 14th December 2004 PA 04/02285/B - Erection of a farm shop with associated facilities on Status - Approved at Appeal PA 06/00303/B - Erection of an agricultural building Status - Permitted 28th April 2006 PA 06/00830/B - Erection of two agricultural workers' dwellings Status - Refused 27th July 2006 PA 06/01320/B - Erection of a farm worker's dwelling Status - Approved at Appeal PA 07/00770/B - Amendments to approved farm worker's dwelling (06/01320/B) Status - Permitted 11th June 2007 PA 08/01139/B - Erection of an agricultural building (comprising an amendment to 06/00303B) Status - Permitted 27th October 2008 THE PROPOSAL Now proposed is the erection of an agricultural building alongside the existing structure. The new building will be lower than the existing by some 3 m and will have an area of 6.3 m by 24 m and will be 3.3 m high, finished in green profiled sheeting to match the adjacent building.
Highways and Traffic Division indicate that they do not oppose the application. Malew Parish Commissioners indicate that they will defer to DEFA's view on whether the building is justified in this location.
The proposal should be considered in respect of General Policy 3 which states: 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:
a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; 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". and Environment Policy 15 which 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".
The existing building is visible from the Braaid Road as would be the new building albeit that the new building is much smaller and would have a much reduced visual impact. The applicant has indicated that the new building will provide a shelter for the existing canopy and the building will be used in conjunction with the existing building for fattening and finishing cattle and sheep which is why it is in this location rather than closer to the main farm group.
The views of DEFA have been sought and the Agricultural Adviser comments that they would view the operation on the site as a full time agricultural business which is undergoing a planned expansion. He suggests that the building has "agricultural attractions" to delivering the applicant's stated intentions and the location "would not appear to inhibit the performance of the agricultural enterprise".
The building is considerably smaller than the building alongside which it would be situated and the proposed building will have a limited visual impact but will assist with the development of the farming enterprise. The Agricultural Adviser would recommend that there are agricultural attractions to the introduction of the building and it is recommended that there would not be an adverse impact and as such the application is recommended for approval.
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.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation Recommended Decision: Permitted Date of Recommendation: 16.08.2010
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
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of an agricultural building as shown in drawing AT 1051.1 and the location plan both received on 12th May, 2010.
The building must be used only for agricultural purposes.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made: Permitted Date: ............................... Signed: ............................... Senior Planning Officer
16 August 2010 10/00714/B Page 5 of 5
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