Approval in principle to erect a detached dwelling
relevant, given that application was made by the current applicant
18 February 2016 · Committee
Magher Grianagh, St. Judes Road, Sulby, Isle Of Man, IM7 2es
The proposal was for approval in principle to erect a dwelling for an agricultural worker on part of Field No 134146, Magher Grianagh, on the eastern side of St Judes Road, Sulby. The site forms part of a free-range egg farming operation that has been running for around six years. The land is well screened from public views by mature landscaping along all boundaries of the farm holding. The two main planning issues were whether the agricultural need for a new dwelling was sufficiently justified, and whether the proposed siting was appropriate. On this occasion, the officer concluded that the agricultural justification had been adequately proven, satisfying Housing Policy 7 of the Isle of Man Strategic Plan. On siting, the dwelling would sit at least 25 metres from St Judes Road and behind the existing mature boundary landscaping, meeting Housing Policy 9.
The Planning Committee approved the application because the need for an agricultural worker's dwelling on this farm was considered adequately justified, overcoming the general policy presumption against new dwellings in the countryside. The proposed location, set well back from the road and screened by mature boundary planting, was judged to be an acceptable siting in landscape terms.
The countryside and its ecology will be protected for its own sake.
Due to the site location, its zoning and the type of proposal, the following policies are relevant for consideration
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.
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.
Condition 1
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Condition 2
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Condition 3
Approval of the details of design, access, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Condition 4
The occupation of the dwelling hereby approved shall be limited to a person solely engaged on a full-time basis or last engaged solely in agriculture on the Isle of Man, and their spouse and any resident dependants. Reason: The site is in an area where new dwellings are not normally approved except where an agricultural need has been established and accepted by the Department.
Application to make lawful the erection of various sheds and structures to house poultry and run a free range egg business
relevant, given that application was made by the current applicant
Erection of two poultry sheds
relevant, given that application was made by the current applicant
Approval in principle to erect a detached dwelling
relevant, given that application was made by the current applicant
Infilling of land to make good arable land
previous planning applications on the application site which are considered relevant
Infilling of land
previous planning applications on the application site which are considered relevant