16 May 2011 · Delegated
Wetfield, Ballagawne Road, Baldrine, Isle Of Man, IM4 6ej
This reserved matters application sought approval for the detailed design of an agricultural workers dwelling at Field 612263, Ballagawne Road, Baldrine, Isle of Man. The outline permission had previously been established under reference 10/01379/A. The application was approved on 16 May 2011. The officer noted that the site is reasonably well screened by existing mature trees, which help to soften the impact of the proposed dwelling on the surrounding area. The decision was made by the Director of Planning and Building Control under delegated authority, with three conditions attached to the permission.
The application was approved by the Director of Planning and Building Control under delegated authority. The site's existing mature trees were noted as helping to screen and soften the visual impact of the proposed dwelling.
Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential
Laxey and Lonan Area Plan Order 2005
There will be a general presumption against development in areas designated as open space or open space for particular purposes
Laxey and Lonan Area Plan Order 2005
Permission for the erection of new buildings related to agriculture will only be granted where the Department is persuaded that the building is essential for agricultural purposes
Laxey and Lonan Area Plan Order 2005
New development will be located primarily within our existing towns and villages
Isle of Man Strategic Plan 2007
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. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
New development will be located within the defined settlements
Isle of Man Strategic Plan 2007
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Development will not be permitted outside of those areas which are zoned for development
Isle of Man Strategic Plan 2007
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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Where the Department is satisfied that there is agricultural or horticultural need for a new building
Isle of Man Strategic Plan 2007
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 developme nt 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 d evelopments 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 t he 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 b orne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape.
New housing will be located primarily within our existing towns and villages
Isle of Man Strategic Plan 2007
Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated
Isle of Man Strategic Plan 2007
Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 8.9.3 In judging whether the need is sufficient to over -ride other policies, particular regard will be had to:- (a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of a farm; (c) the long -term viability of new or unproven agricultural enterprises such as small - holdings, market gardens, or horticulture; (d) the extent to which the applicant's employment in agriculture is only part-time; and (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm.
Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation
Isle of Man Strategic Plan 2007
Housing Policy 8: Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants. 8.9.4 Such a condition will not usually be removed on subsequent applications unless it is shown that the long -term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose. 8.9.5 If it is not possib le for the farm worker to live in the nearest village, the siting of the proposed dwelling should be selected having regard to the various landscape policies in Chapter 7. In particular, the dwelling should self-evidently form part of the farm group.
Where permission is granted for an agricultural dwelling, the dwelling must be sited such that
Isle of Man Strategic Plan 2007
Housing Policy 9: Where permission is granted for an agricultural dwelling, the dwelling must be sited such that; (a) it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, (b) it is well set back from any public highway, and (c) it is approached via the existing farm access. 8.9.6 The design of the building should also have regard to the various landscape policies, such as to preserve the character of the local landscape.
Where permission is granted for an agricultural dwelling, the dwelling should normally be designed in accordance with policies 1-7 of present Planning Circular 3/91
Isle of Man Strategic Plan 2007
Housing Policy 10: Where permission is granted for an agricultural dwelling, the dwelling should normally be designed in accordance with policies 1 - 7 of present Planning Circular 3/91 which will be revised and issued as a Planning Policy Statement. 8.10 Conversion of Rural Buildings to Dwellings 8.10.1 Throughout the countryside, there are examples of buildings which are no longer suitable or needed for their originally intended use, but which are of sufficient quality or interest to warrant retention and re-use. 8.10.2 Conversion of such buildings into dwellings can make a useful contribution to the housing stock, ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric. The following policy is therefore appropriate:
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to drawing no.s F/6206/1 and F/6206/2 date stamped the 25th March 2011.
Condition 3
The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture, or a widow or widower of such person, or any resident dependants.
