DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01219/B Applicant: Mr & Mrs Steve Wade Proposal: Erection of an agricultural storage building Site Address: Field No 224123 Palm Cottage The Curragh Ballaugh Isle Of Man IM7 5BL Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.02.2022 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The building may only be used for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need only.

• C 3. The 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 for a period longer than 12 months.

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 4. The cladding to be used on the building must be coloured olive green or as otherwise approved by the Department and retained as such.

Reason: to minimise the visual impact of the development on the countryside which is generally protected from development.

• C 5. There shall be no external storage of plant, machinery, materials or vehicles outside of the shed identified on drawing referenced; 01, unless otherwise agreed in writing by the Department. Reason: To protect the character of the area and agricultural use of the land.

This application has been recommended for approval for the following reason. Overall, it is considered that the application accords with General Policy 3, Environment Policy 1, and Environment Policy 15 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the Cover Letter, Applicant's Letter and Photographs, Site Photographs, and Drawing Nos. 2106N/01, P7036-01, 21 1560/01, and 21 1560/02, received 15 October 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of "Field 224123" which is within the extended residential curtilage of "Palm Cottage" at The Curragh which is located to the north east of Ballaugh. The field which has large parts of the mid-section covered in a thick cluster of trees directly abuts Close Mooar, The Curragh to the north. - 1.2 The site has its eastern boundary comprising sod hedges with trees spread along its length, the main dwelling, garages and stables to the south (with trees and shrubs spread along the entire boundary), and mature landscaping along its entire western and northern boundary. - 1.3 Access to the site is via the main site access which leads to the field gate which opens into the field. The access to the paddock situated on the western side of the field is positioned about 60m northwest of this field access and opposite the main dwelling.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a general agricultural storage building. The external building footprint is proposed to be 18.2m long x 12.1m wide (220.2sqm) with a pitch roof height of 5.2m (3.8m to the eaves). The building which is a portal frame building is proposed to be finished externally with 1000x30x0.5mm Thick Box Profile Plastisol Coated Metal Sheets, while the roof would be covered in 1000x30x0.7mm Thick Box Profile Plastisol Coated Metal Sheets. 4 GRP rooflights (1m x 1.5m) would be installed on each roof pane, totalling 8 GRP rooflights. There would be a pedestrian access door situated on both side elevations, while three roller shutter doors (3m x 3m) would be installed on the front (east) elevation of the building. - 2.2 The new building would be positioned such that its rear elevation (west elevation) would be 9.1m from the boundary with the abutting highway (at the closest point) and maintain a minimum 9m distance from the overhead high tension line that runs along the boundary of the site. This building would be completely screened by the trees and shrubbery on this boundary, with views only attainable during the winter months when trees lose their leaves. The building would also be set a considerable distance (about 24m) away from the

• cluster of trees within the site interior. The building is a typical agricultural kit which can be dismantled or maintained with ease.
• 2.3 Also proposed is the creation of a gravel surface area around the entire southern and eastern boundaries of the building. There would be no change in site levels and no trees would be removed from the site.
• 2.4 The applicants have provided the following supporting information:

• i. The building would serve as storage for a number of machinery on site which are currently stored in the open. This machinery which are for hay making and general field maintenance equipment were previously housed at another site which is no longer available. The building is being erected at Palm Cottage as this is where the applicants reside and where the machinery needs to be used the majority of the time.
• ii. This machinery is for personal use to make fodder for the applicant's livestock and to maintain their fields.
• iii. The applicants make hay from various fields locally over the summer but they do not own these fields and cannot therefore store machinery there.
• iv. The applicants have chosen the site of the barn as sympathetically as possible given their location in the Curraghs and to minimise visual impact on their neighbours.
• v. The chosen site is less visible as it is screened by the road side hedge and trees and does not require any new access from the road.

3.0 PLANNING POLICY - 3.1 The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order and as such represents the open countryside. The site is not within a Conservation Area, or registered tree area, and there are no registered trees on site. This site is also not within an area prone to flood risks. - 3.2 Given the above, there is a general presumption against development here as set out within the IOM Strategic Plan (Environment Policy 1 and General Policy 3). General Policy 3, however, sets out exceptions to this and includes: "(f) building and engineering operations which are essential for the conduct of agriculture or forestry" - 3.3 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. - 3.4 Environment Policy 15 provides further advice on agricultural development. It 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."

3.5 Paragraph 7.13.1 (In part). "A recent study on agricultural soils on the Isle of Man(1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the most versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the release of Class 1 and 2 agricultural land for development.

The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil with these parts being avoided for development purposes".

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 The Town and Country Planning Act 1999, Section 45, defines; "agriculture" to include 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".

5.0 PLANNING HISTORY - 5.1 None of the previous planning applications are considered relevant in the assessment and determination of this application.

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

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose'. (8 November 2021). - 6.2 Ballaugh Parish Commissioners have not made any comments regarding the application, although they were consulted on 26 October 2021.

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this planning application are:

• i. the principle of the development;
• ii. the visual impact of the proposed development on the character and appearance of the countryside and surrounding landscape in terms of siting, design, size and finish.

- 7.2 THE PRINCIPLE (GP3, EP15)

• 7.2.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3, which allows an exemption for essential agricultural

• buildings, and Environment Policy 15, which requires that the Department is satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside. In the case of this application there has been extensive supporting information submitted demonstrating the need for the new building to support agricultural needs. To ensure the correct use of the building as per this application, an appropiately worded planning condtioned can be included to avoid any misuse of the building given an exception to development in the countryside has been made on agricultural grounds.
• 7.2.2 The applicant has also shown additional land within their ownership (marked in blue boundary) and indicated that other lands are rented when required and as such not under their control. They have also stated that the proposed site would be the most appropriate position for the building given its screened position and proximity to the existing dwelling and buildings on site, where there would be no need to create a new access. Whilst the scale of the agricultural holding within the direct control of the applicant is small, the proposed use clearly aligns with uses that can be classified as agriculture as defined by the Town and Country Planning Act 1999 with the scale of the building also considered being appropriate for the intended storage use (for hay and machinery). Besides, the setup of the building which is designed to facilitate easy removal when no longer required is suitable for the proposed scale of use. As such, it is considered that the agricultural need for the new building is acceptable and the principle is therefore acceptable.
• 7.3 THE VISUAL IMPACT OF THE PROPOSAL (EP1 & EP15)

• 7.3.1 The proposed building is fairly typical in its size and comparable to those agricultural buildings in the immediate area. The close proximity to the existing buildings within Palm Cottage, would help to contain the spread of development across the countryside, enabling the building is to be read in conjunction with the existing building cluster. This area is also sufficiently screened from the highway by the trees that line the broader site area by the highway and the trees situated on the western boundary of the site. As such, it is not considered that the proposed location would result in any visual impacts on the wider landscape, enough to warrant refusal as the location would ensure the scheme aligns with Environment Policy 15 which requires that such development must be sited as close as is practically possible to existing building groups.
• 7.3.2 In considering the design and scale of the building, it is of a proportionate size and form in relation to the existing buildings within the landscape. In terms of the scale, materials, siting and form of the proposed building would ensure it is seamlessly integrated into the existing structure/layout of the building cluster around the site without undue impact on the surrounding landscape. Although the colour has not been stated, this is not considered to be a concern as a condition would be imposed to ensure that the colour of the building is similar to other agricultural buildings in the area. Based on the foregoing, the proposal is considered to accord with both EP1 and EP15.

7.4 OTHER MATTERS (Agricultural soils)

• 7.4.1 The proposed new agricultural storage building is to be erected on land that is classed as Agriculture Class 3 and therefore there would not be a loss of high class agricultural land through the proposed development.
• 8.0 CONCLUSION

8.1 In summary, the proposal is considered acceptable in terms of both agricultural need and visual impact and broadly accords with the aforementioned policies of the Strategic Plan. The application is therefore recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 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. 9.2 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 in Article 4(2) who should 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.

Decision Made : Permitted Date: 04.02.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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