Approval in principle for the erection of an agricultural worker's dwelling
Site Address:
Field 432300
Upper Billown Farm
Grenaby Road
Ballasalla
Isle Of Man
Officer's Report
The Site
The site is a field of 8.6 acres which lies between the Ronague Road (B40), the A7 Ballasalla to Ballabeg Road and the A3 Foxdale Road, accessed from the A3 to the east via a farm lane which leaves the A3 at Briarfield and passes through Ballavell Farm. The remainder of the land farmed with this field amounts to 67 acres, 56 acres of which are planted with cereals and 11 acres of which are grass.
Within the site are farm buildings including a farmhouse, and three outbuildings in close proximity.
The Proposal
Proposed is the principle of the erection of a farmhouse in the field adjacent to the main group and some 200m away as the crow flies. The field is not otherwise developed and would appear from the aerial photograph to be one of the fields planted with cereal.
The information supporting the application suggests that the applicant and his wife are in their late sixties and not in good health - the applicant has severe diabetes, poor eyesight and poor circulation and is unable to walk great distances. They seek permission for a three bedroomed bungalow as the applicant and his wife spend some nights apart and would like a carer to look after one or both of them and would need a third bedroom.
Planning Status
The site lies within an area of open space on the Town and Country Planning (Development Plan) Order 1982.
Planning Policy
The following policies are applicable to this development:
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).
Case Officer :
Miss S E Corlett
Photo Taken :
Site Visit :
Expected Decision Level :
Officer Delegation
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 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."
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 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."
Housing policy 7 states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
Housing Policy 8 states: "Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engage solely in agriculture; or a widow or widower of such a person, or any resident dependants."
Housing Policy 9 states: "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."
Housing Policy 10 states: "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."
Planning History
No planning applications have been submitted in respect of this site. Planning permission was refused on appeal for the principle of a farm dwelling on the adjacent Ballavell Farm under PAs 06/1797 and 11/0930 on the basis that that farm justifies three labour units and the farm already has available to it three dwellings.
Representations
The Manx Electricity Authority request a condition regarding the provision of an electricity supply to the dwelling. This is not a material planning consideration and should not be referred to in the planning condition.
Highways and Traffic Division indicate that there is insufficient information in the application to gauge whether there is sufficient space for parking, visibility splays and turning.
Malew Parish Commissioners do not object to the principle of the dwelling but suggest that the siting should be closer to the main farm group in accordance with Housing Policy 8.
Assessment
The views of the Agricultural Adviser have been sought in respect of the proposal. He advises that the enterprise supports 0.25 labour units. He adds that the applicant's son has a growing agricultural contracting business which involves a range of activities which Department of Environment, Food and Agriculture considers is an essential element of modern day agriculture. The total combined enterprises amounts to 1.77 labour units. The contracting enterprise is based at Upper Billown farm adjacent to the application site which is well equipped with workshop and storage facilities. He lives at home with his parents. The Agricultural Adviser is of the view that the present situation is presently unsustainable.
The farm clearly supports less than one full time labour unit without the contracting business which is not generally included within justification for new agricultural dwellings as there is no requirement for the business to be in any one particular place and in this case, on this particular holding. A previous case, PA 08/0669 was refused for a new agricultural dwelling where the inspector states: "In the policies there is no specific mention of agricultural contractors and consequently I judge that agricultural contracting has no bearing on the agricultural need for a dwelling in terms of planning policy. I consider that a contractor does not have to live at the site with his or her plant, it may be convenient. The policy test is one of real agricultural need." (paragraph 22). The new dwelling will not facilitate the operation of the holding, it is intended as a more suitable dwelling for the applicant and there is no reference in any of the information to the involvement of the applicant in the running of the farm.
Added to this general concern, the siting of the new dwelling is not particularly close to the main farm group where there would appear to be space available where residential facilities could be erected which would be suitable for the occupation of the applicant and his wife, possibly in the form of an extension to the main dwelling.
As such, whilst the failing health of the applicant is regrettable, the farm itself excluding the contracting business, does not justify a full time labour unit and as such the approval of a further dwelling is not justified in terms of the running of the farm. This concern is compounded by the siting of the dwelling which is not within the main farm group and thus would not comply with Strategic Plan policy and could result in the new dwelling being severed from the holding in the future.
The applicant is encouraged to consider the extension of the existing farm dwelling to provide additional accommodation which would be suitable for the needs of himself and his wife without the need for a completely new dwelling.
Party Status
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.
The Manx Electricity Authority do not raise material planning considerations and as such should not be afforded party status in this case.
Recommendation
Recommended Decision: Refused Date of Recommendation: 24.11.2011
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
R 1.
Whilst there is considerable sympathy with the applicant’s deteriorating health, the farm does not support a full time labour requirement and the agricultural justification is not taken to include the contracting business as this is not site specific and does not require an on-site permanent presence. As such, there is insufficient agricultural justification for an additional dwelling under the terms of General Policy 3, Environment Policy 15 or Housing Policy 7.
R 2.
Nothwithstanding reason 1 above, the siting does not accord with Housing Policy 8 in that it is not within the main farm group and could easily be severed from the farm holding.
O 1.
The applicant is encouraged to consider an extension to the main dwelling to provide accommodation which would be suitable for his and his wife’s present and future needs without creating a completely separate dwelling.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made: Refused Date: 25.11.2011
Signed: Michael Gallagher Director of Planning and Building Control
OR Signed: Jennifer Chance Development Control Manager
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Source & Provenance
Official reference
11/01442/A
Source authority
Isle of Man Government Planning & Building Control
