Knocksharry Farmhouse Extension Planning Statement

substantial building, it did not provide the reasonable accommodation requirements of Rolf and Richard Dellborg or the facilities for necessary farm offices which are required.

It was and is the intention of Rolf and Richard Dellborg that Knocksharry Farmhouse not only accommodated the family needs of Rolf and Richard Dellborg but also provided the administration and day to day management centre for Knocksharry Farm. At the time of purchase, the structure of Knocksharry Farmhouse was in a state of advance dilapidation: Inspections indicated that the external walls would require substantial and costly remedial work, the windows, ceilings and floor joists and general woodwork suffered from advance infestation. Our clients were advised that it would be more economic to demolish Knocksharry Farmhouse and construct a farmhouse using modern materials which would accommodate their and the farm's requirements. Our clients however desire to retain the traditional style and architectural integrity of Knocksharry Farmhouse.

Our clients with their then architects prepared and submitted to the Planning Committee on or about 14th December 1989 an application (Number 89/1580) for alterations and extensions to Knocksharry Farmhouse. Knocksharry Farmhouse not only consisted of the main farmhouse but also appendages which included a single storey outbuilding, conservatory, and two storey porch and bathroom. The plans submitted by our clients indicated the demolition of such appendages, the extension of Knocksharry Farmhouse and internal alterations to Knocksharry Farmhouse. It was always and continues to be the desire of our clients that Knocksharry Farmhouse should accommodate Mr. and Mrs. Rolf Dellborg, Mr. and Mrs. Richard Dellborg and their three children. Notwithstanding the state of Knocksharry Farmhouse when purchased, the same did not provide their accommodation requirements. Planning Application 89/1580 proceeded through the Planning procedure. There were no objectors to such application save and except that the Isle of Man Fire Authority objected to proposed internal arrangements on the first floor of Knocksharry Farmhouse which after consultation with the Fire Authority, were amended and received such authority's approval. The appeal in respect of Application 89/1580 was heard by an Appointed Person and by letter dated 25th July 1990 the Minister made known his decision. The Appointed Person recommended that the application be permitted. In his conclusion, the Appointed Person stated:

"It seems to be that although the proposal will provide a generous amount of living accommodation for the Appellants, the essential test to be applied in this instance is whether or not the proposed extension would have an unduly adverse visual

impact on the locality of a site. Given the fact that the proposed addition would be built to the rear of the existing house, most views of it for travellers on the Peel to Kirk Michael road would be screened either by the existing house or by intervening trees and vegetation. Views of the proposed development from most other points of the compass would be either screened by the adjoining farm buildings or the new building would be seen against a backcloth of those farm buildings. And it must be emphasized that except from the main road, the only other vantage points open to public gaze are those obtained from the public footpath situated some 220m or more to the west and north of the site. In these circumstances I do not consider that the proposed extension would have an unduly adverse visual impact on the locality. And even though prudence might suggest that the farmhouse, as extended, should be the subject of a condition tying its occupation to agriculture, I am not convinced that in this case such a course is warranted, as the completed house, although it would provide two separate areas of living accommodation, would be physically indivisible."

The Minister however did not accept the recommendations of the Appointed Person and refused the application on the grounds that "the proposed development would constitute an undesirable extension of residential accommodation on the site unrelated to the needs of the existing farmholdin;."

Our clients, the Appellants to such application, were disappointed by the Minister's non-acceptance of the Appointed Person's recommendation. Our clients desire is and always has been to seek and obtain through Planning procedure, permission which would enable Knocksharry Farmhouse to accommodate their reasonable family accommodation requirements and also farm offices for this substantial farm. Our clients therefore by themselves and through their advisers have had numerous consultations with Planning and other Officers of the Department of the Local Government and the Environment with a view to a new application being submitted.

Having considered the comments of the Planning and other Officers of the Department, the architects for our clients have prepared and there is now submitted a new application which although the elevational treatment of the exterior of Knocksharry Farmhouse is the same as PA 1989/1580 substantially differs from that application. We refer to Drawing Number 90/034/1 which indicates the proposed internal arrangements for Knocksharry Farmhouse. We would particularly draw the Committee's attention to the following aspects:-

Entrance - There is merely one practical entrance to Knocksharry

Farmhouse. Access can be gained to the utility room but such access is limited and not practical as access to any other part of the building. By using the one entrance, this dictates that if permission is granted, the living accommodation afforded to Mr and Mrs Rolf Dellborg on the first floor of the extension, forms an integral part of Knocksharry Farmhouse and cannot be separated from the remainder. If separation was desired now or in the future, there would require to be an application for planning permission to construct another entrance which logic dictates, would require to give external access direct to the first floor of the extension. Notwithstanding that it is not the intention of applicants, it is accepted by them that any application in the future for external direct access to the first floor extension part of Knocksharry Farmhouse, would not be granted. The communal entrance means that Knocksharry Farmhouse could only be used in the future as one family unit, bearing in mind that although the internal arrangements provide some limited privacy for Rolf Dellborg and his wife and Richard Dellborg and his family, such privacy is limited.

Ground Floor - The whole of the ground floor of the extension save and except that part used for the entrance and stairwell will accommodate the farm office. Bearing in mind the recent present and anticipated economic climate of agriculture, it is respectfully considered that the farm office must be sufficient to accommodate modern methods of farm administration and management. It is to be noted that as well as Knocksharry Farm our clients have under their control a further seven hundred and ninety acres approximately. The farm office therefore would house all farm plans yearly accounts records of farm production stock crop accountancy and administration records relating not only to Knocksharry Farm but all other farm land from time to time under the control of our clients which at present as stated includes a further seven hundred and ninety acres. When considering the plans for this application, advantage has been taken to design a farm office which will accommodate both the immediate farm management needs and also the anticipated future farm management needs.

First Floor - The plan indicating the proposed internal arrangements of Knocksharry Farmhouse, indicates the proposed self-contained living accommodation which will be used by Mr and Mrs Rolf Dellborg. This comprises sitting area, kitchen and two ensuite bedrooms. As stated, the access to Mr and Mrs Rolf Dellborg's proposed living accommodation and to the whole of Knocksharry Farmhouse is by way of communal stairwell. It is respectfully considered that the living accommodation proposed to be used by Mr and Mrs Rolf Dellborg is reasonable, bearing in mind the limited privacy which they would wish to be afforded.

This present application differs from previous application FA 69/1580 in that the residential part of Knocksharry Farmhouse has been substantially reduced. It is respectfully considered that the area applicable to "new residential accommodation" and the area applicable to the farm offices contained in this application are well within the guide lines and planning philosophy indicated by the Department.

With reference to Knocksharry Farm itself, as stated, substantial monies have been expended by the Applicants in putting and continuing to put the farm buildings into a state of good repair and of sufficient standard to be able to be used in accordance with good modern farming practice. After purchase of the farm, the applicants found that the land was diseased which prevented the same being used for cattle; the applicants have commenced and continue a programme to put the land into good heart and to enable the same to be stocked by cattle. At present the farm has a flock of sheep. It is proposed that in the near future such flock will be substantially increased, cattle will be reintroduced to the farm which may include pedigree beef stock and the remainder of the farm will be used for rotational crop. At present due to the lack of accommodation on the farm, Mr Richard Dellborg and his family live in rented accommodation in Douglas. Due to the lack of accommodation, Mr Rolf Dellborg continues to reside in England but visits the Island for at least ten days in each month. Since the programme for putting the land into good heart is presently continuing and the farm is not fully stocked, the housing of our clients on Knocksharry Farm although desirable, is not necessary. However within the very near future the programme for reinstatement of Knocksharry Farm will be completed. It is considered however by our clients that the complete restocking of the farm and therefore the commencement of a fully operative farm cannot be undertaken until the family becomes resident at Knocksharry. It will be necessary therefore that both Rolf Dellborg and his wife and Richard Dellborg and his family be housed on Knocksharry Farm. Until Knocksharry Farm becomes again fully operative financial losses continue to be incurred and met by our clients. Our clients originate from Gothenberg Sweden and in fact at present hold Swedish passports. Mr. Rolf Dellborg used to live on the family farm in Sweden and took an active part in farming.

Whilst Rolf Dellborg has more farming experience than Richard Dellborg it is intended that with the assistance of local farm workers, they will both be responsible for the day to day running and administration of the farm. The farm was purchased by Richard and Rolf Dellborg with the intention that the same would become a family farm and would pass in due course to their heirs.

it is respectfully considered that this application differs substantially from the previous application PA 89/1580 not in the external elevational, creasent which appeared to meet with both the Appointed Person and the Minister's approval, but in the substantial reduction of residential accommodation within Knocksharry Farmhouse. It is further respectfully considered that this application with the substantial reduction in the residential accommodation within Knocksharry Farmhouse meets the Minister's reason for refusal of PA 89/1580 in that it is submitted that the residential accommodation provided by this application is reasonable for the farmers' accommodation needs and also houses adequate farm office which would be the focal point of the farm administration and management.

We would not wish to speculate upon the Minister's reasoning for refusal. However it may be reasonably considered that the Minister was concerned that if permission were granted under PA 89/1580 that at some future point in time, Knocksharry Farmhouse could be sold separate from Knocksharry Farm. We place on record that it is not and never has been our clients intention that Knocksharry Farmhouse or indeed any of the farm buildings or land be sold separate from one another. We are instructed by our clients that if the Committee is minded to approve this application, our clients would welcome conditions similar in spirit to the following being imposed:-

That Knocksharry Farmhouse will not be sold or transferred separate from Knocksharry Farm nor will Knocksharry Farm be sold separate from Knocksharry Farmhouse. Since the site plan indicating the boundaries of Knocksharry Farm forms an integral part of this application, Knocksharry Farm is easily identified in acreage. We consider therefore that such a condition would be enforceable.

That the farm buildings indicated on the site plan will be used for the purposes indicated on such plan and would not be sold separate from Knocksharry Farmhouse nor would Knocksharry Farmhouse be sold separate from such farm buildings. Again since the site plan forms an integral part of this application to attempt to sell the farm buildings or any of them, could not be done.

We are mindful that the Planning Committee has from time to time considered that the enforceability of such conditions may be questionable. However, as Advocates, if we acted on behalf of a potential purchaser for Knocksharry Farmhouse alone or any of the farm buildings or any part of Knocksharry Farm, we would be aware from Planning Searches of the existence of such conditions and having informed any potential purchaser of the existence of

the same, we feel confident that such Purchaser would not proceed unless purchasing Knocksharry Farm as a whole which would include Knocksharry Farmhouse, farm buildings and farm land. We must however emphasise that it is not our clients' intentions to sell Knocksharry Farmhouse or any farm buildings or indeed any of the acres of Knocksharry farmlands but to farm Knocksharry farm as a family farm.

We respectfully refer the Committee to the Town and Country Planning Bill 1990 Clauses 18 and 19, copies whereof for ease of reference are enclosed. It is appreciated that such Bill has not yet become law. We would however refer to Clause 18 which enables the Department of Local Government and the Environment to enter into an agreement with any person having an interest in land for the purpose of restricting or regulating the development or use of the land. Our clients have instructed us that they are willing to enter into an agreement with the Department in terms mutually acceptable to the Department and our clients, which would provide that Knocksharry farmhouse, farm buildings and farm may not be sold separately. We consider that notwithstanding that the Town and Country Planning Bill 1990 is not yet in force, the terms of such agreement could be agreed and subsequent to such agreement a condition imposed by the Planning Committee that upon the Town and Country Planning Bill 1990 becoming law, the applicants and the Department entered into an agreement in the form agreed. We consider that the terms of the proposed Agreement could be agreed between the applicants and the Department's representatives without undue delay and therefore if the Committee were minded to approve this application subject to such condition, the decision of the Committee could be deferred until agreement as to the terms of the proposed agreement had been reached and the Committee would therefore be able to make such referred to condition as part of the Planning consent. We trust that the Committee will not consider that our suggestions are presumptive but will appreciate that our clients are anxious that this application meets with approval and are therefore willing to accept any reasonable conditions. Obviously, if there is delay in the enactment of the Town and Country Planning Bill 1990, our clients would wish that approval to this application be given and again it is respectfully submitted that the imposition of conditions which tie Knocksharry Farmhouse to the farm buildings and Knocksharry Farm and vice versa as indicated above, would give comfort to the Planning Committee.

We shall be pleased to answer any queries which the Committee may