Officer Report

Application No.: 14/01341/A Applicant: Mr Juan Leslie Howland Proposal: Approval in principle for erection of an agricultural worker's dwelling Site Address: Field No 134146 Magher Grianagh St Judes Road Sulby Isle Of Man IM7 2ES Case Officer : Mr Chris Balmer Photo Taken: 25.03.2015 Site Visit: 25.03.2015 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER.

1.0 THE SITE - 1.1 The site represents the curtilage of part of Field No 134146, Magher Grianagh, St Judes Road, Sulby which is a parcel of land on the eastern side of the St Judes Road and north of the Sulby Bridge. - 1.2 The overall site is within the ownership of the applicant comprises of fields 34146 and 130579. These fields are well screened from public views given significant mature landscaping which runs around all boundaries of the fields.

2.0 PROPOSAL - 2.1 The application seeks approval in principle for erection of an agricultural worker's dwelling. The dwelling would be positioned within field 134146 and would be potentially accessed from an existing field gate access. It is suggested that the dwelling could be located within the northern part of the field.

3.0 PLANNING STATUS - 3.1 The application site is not within an area recognised for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 Due to the site location, its zoning and the type of proposal, the following policies are relevant for consideration:- - 3.3 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." - 3.4 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 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 General Policy 3 states: "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)"

3.6 Housing Policy 7 states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated." - 3.7 Further to these policies it is also important to understand the purposes of them. This is further explained within paragraphs 8.9.2 and 8.9.3 of the Strategic Plan. Paragraph 8.9.2 states that: "Agricultural need should be established having regard to:

• (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and
• (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm."

3.8 Paragraph 8.9.2 states that: "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."

3.9 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 engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants." - 3.10 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."

3.11 Paragraph 8.9.5 states that: "If it is not possible 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."

4.0 PLANNING HISTORY - 4.1 There have been previous planning applications on the application site which are considered relevant in the assessment and determination of this application. However, the following application is considered relevant, given that application was made by the current applicant: - 4.2 Application to make lawful the erection of various sheds and structures to house poultry and run a free range egg business -15/00940/LAW - APPROVED - 4.3 Erection of two poultry sheds - 09/01176/B - WITHDRAWN - 4.4 Approval in principle to erect a detached dwelling - 07/02366/A - REFUSED on the following grounds: "The proposed development represents unwarranted development of land not designated for such purposes under the Isle of Man Planning Scheme (Development Plan) Order 1982. As such the proposal is contrary to the application site's land use designation and Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007." - 4.5 Infilling of land to make good arable land - 88/04065/B - APPROVED - 4.6 Infilling of land - 88/00299/B - REFUSED

5.0 REPRESENTATIONS - 5.1 Lezayre Parish Commissioners (received on 12.01.15) have made the following comments: "Land is not zoned for development. The applicant envisages a 4/5 bedroomed property. My Commissioners suggest a 3 bedroomed bungalow. They also suggest a 30 year agricultural tithe on tie on the property if approval is granted. They also have concerns regarding the drainage for the proposed property as currently land to the south and east of the proposed site is waterlogged because the ditch at the rear of this land has been filled in. Chris Lally of Manx Utilities is aware of this matter. They do however support the Business." - 5.2 Highways Division have no objection to the application (received on 17.12.2014). "Visibility splays not shown on the drawings provided 2.4 x 50 metres in both directions over land within the ownership of the applicant." - 5.3 The Manx Electricity Authority makes no comments on the merits of the application but ask that an informative note be attached (received on 12.01.2015).

6.0 ASSESSMENT - 6.1 There are considered two key issues, firstly the justification for a new agricultural workers dwelling, and second the siting of the proposed dwelling. JUSTIFICATION - 6.2 The justification test set out in the Strategic Plan makes it clear that agricultural worker's dwellings are only acceptable as an exception and where they are essential. In additional to the test of whether the dwelling is to be for a full time farmer, the policy states that need should be established having regard to what living accommodation is or has been available to the farmer or has been associated with the farm holding. - 6.3 In terms of background information relating to the history of farming enterprise the applicant makes the following comments: "The business was started in 2007/2008 with the intention of simply rearing and selling point of lay pullets. When Mr Brew (my father in law) was left with a cancelled order for hens it became necessary (rather than culling the birds) to evolve to being that of a free range egg producer. The

egg business continued to grow, but then got to a point where it was becoming too much for Mr Brew to manage on his own and the fact that he wished to slow down/retire.

Although involved with starting the business and helping out at weekends and during holidays, I continued my career in the financial services sector, however during 2011 the company I was working for was taken over and so planted the seed of doubt as to the stability of my position; that coupled with the fact that the future of the Isle of Man's fund industry was uncertain led me to rethink both mine and my family's future.

With Mr Brew wanting to slow down from a business with potential for further growth, I made the decision to leave the finance sector (2012) to pursue a career in agriculture and try to grow the business to provide security for my family and continue my father in law's work.

Given that it would be my only source of income I needed to diversify the business rather than depend solely on the pullet and egg enterprise, hence my investment in the dairy goat herd.

Although Mr and Mrs Brew are directors of the company, the day to day work and the running of the business is left to me, however they are available to provide some cover, albeit limited, if needed."

6.4 The applicant has indicated that: "Tynwald has recently adopted a security strategy to safeguard the Island's food supply, and at this time we have the Island's only commercial dairy goat herd. Also, we are the only Manx commercial cheese producer outside of the Isle of Man Creameries." - 6.5 The applicant has indicated that they currently have 47 goats. They state that the business was started and run by his father in law until the end 2012 which is when he took over the reins and introduced some diversity through investment in a dairy goat herd. The business has seen year on year growth and has surpassed their original expectations. Upon reflection, a dwelling has always been necessary as in the past my father in law and more recently (since November 2012) myself have stayed on the site (camping) at times when round the clock care is needed (for example young chicks/pullets and inclement weather). As discussed at our meeting last year, it became very apparent that once the goats started kidding that we couldn't continue on this basis as it would mean spending more time 'camping' than at home. The goat season is long and kidding occurs between March and August, indeed we've just had our first kids of the season with the last ones due around the end of July. - 6.6 In terms of labour hours based on the standardised labour requirement data provided by DEFA, the business currently has an annual time requirement of 2,275 hours equating to a labour requirement of 1.14 - 6.7 As well as the welfare of the goats the farm operation also rears young pullets (chicks). They indicate that during this period round the clock observation is required. An example of this was during the snow in March 2013 it was necessary to stay on-site as access was severely restricted. Frequent power cuts during this period also needed to be managed as we had a batch of young chicks that needed round the clock controlled lighting. On the site there is current a number of free range chickens that produce eggs. - 6.8 In terms of the production side of the dairy business, the applicants indicate that the processing of the milk is small scale and labour intensive but is necessary as there is no alternative larger processor for goat's milk on the Island. The milk requires constant monitoring as to ensure it is kept at the correct temperature. Around the clock immediate availability is needed to effect necessary remedial action should a problem be incurred. They conservatively estimate that 2.5 hours per day are spent on the milk processing, equating to 912 hours per annum in addition to the aforementioned 2,275 hours. - 6.9 The applicants longer term goal at this stage in relation to other land within the farm holdings control is to relocate the laying hens to the fields alongside the Lhen Trench (the rearing of

• the day old chicks/pullets will remain at Magher Grianagh). They indicated that: "The fields alongside the Lhen Trench will provide additional space which will enable us to increase the number of laying birds in our flock. With the laying hens moved it will allow more grazing space at the Magher Grianagh site for the goat herd and therefore potential to expand our milk/dairy enterprise also." They also have land at Kerrowcroie, and they indicate that its use will be driven by the market. In the short term they will cut it for hay, but they have in mind that they would like to grow more vegetables so may start preparing some of the ground in readiness.
• 6.10 Discussions with the applicant identified that they did consider buying the currently unoccupied dwelling "Kafue Cottage" opposite the site. However, the value the site is advertised for sale (£399,000) and the cost of renovating the property would not be affordable to them.
• 6.11 As with any applications for new agricultural workers dwellings the planning Department has sought advice from DEFA. In this case the Director of Agriculture responded by stating that he understands his requirement to be living in close proximity to the site having 3 enterprises reliant on intensive labour inputs- rearing POL hens, free range eggs and goats milk/cheese. He is in a position to support his plans for growing his business as it supports Government's 'Food Matters' Food Business Development Strategy based on the numbers provided below. He indicates that the proposed business strategy of the farm identifies a need for increased egg production, and Mr Howland proposes to grow the business of the egg production. This aspect of the business could be worth a large sum of money to the local economy and displace more imported eggs should he expand as planned.
• 6.12 The Director also indicates that Mr Howland is also the sole commercial producer of goats milk and cheese. He currently supplies all of Shoprite's whole goats milk order and his plans include doubling his current milk production. This would allow him to expand into the semi-skimmed market (currently unexploited, but has 75% of the market share for goats milk which would allow a further doubling in production to meet Shoprite’s goats milk requirements). His estimated increase in goat’s milk production could be of further benefit to the local economy based on his growth plans. His plans would also necessitate increased employment of at least 1 further labour unit.
• 6.13 The Planning Department has also asked a number of questions (see below) which the applicant has provided the following response:

• 1. Did you ever consider purchasing an existing farm workers dwelling/farm with an agriculture condition attached or a dwelling with land associated with it?

"Any dwellings (with an agricultural tie or not) with any useful pieces of land associated with them command very high prices and are prohibitively expensive. One such example is at Seafield Farm, Bollyn Road, Ballaugh which is currently on the market for £1.5m

The obvious choice would be Kafue Cottage (which I discussed with you during your site visit), and I can confirm that we have given this option serious consideration. My wife's family are builders and we have had them look at the existing dwelling and its out-building along with the plans for development for which planning permission has been given. Having considered their advice we believe that Kafue Cottage is not feasible given the high asking price for the property and the cost of the development - if indeed it is even possible given the poor condition of the original house.

Notwithstanding the availability of an existing farm workers dwelling, it is our intention to build a passive house. We have taken professional advice and conducted research as to the possibility of retrofitting an existing property to a passive standard; and whilst possible with certain designs of house, the cost of achieving a passive standard far outweighs the savings/benefits that would be made on heating and utilities etc."

• 2. The site is close to Sulby and a number of other villages and settlement within a few minutes’ drive. Have you considered purchasing an existing dwelling nearby?

"We have explored the option of purchasing a dwelling nearby, however in addition to the reasons set out above with regard to achieving a passive house status with an existing property, the following need to be considered:

• o Approximately 10 checks over a 4-5 hour period taking about 3-4 minutes each are performed on a nightly basis. To commute the 'short' distance to perform these checks will be impractical as the buildings will need to be locked and secured on each occasion as will the main gate. It will also lead to an increase in traffic as potentially 20 individual journeys will be needed.
• o 24 hour care is needed for the first 5 weeks for the rearing of the day old chicks/young pullets. It is intended that we will rear 3 batches per year.
• o We have had occasions where a loud noise from the road has caused the young birds to huddle and would have suffocated had we not been there to prevent it.
• o On one occasion a lighting failure (caused by a broken light bulb) left the brood house in total darkness which resulted in the birds huddling. We were alerted through our CCTV system and were on hand to prevent a disaster, however if this had happened during the night it would have been a very different outcome. It only takes 1-2 minutes for the birds to succumb to suffocation, therefore the time it would take to drive to the site once alerted to a problem would leave very little
• or more likely no time to remedy the situation before there are fatalities.
• o Kidding - it is important for the welfare of the goats and their offspring that around the clock assistance is immediately available both during and after kidding. (Mr Randell's letter addresses this aspect in greater detail)
• o Dairy - Whilst we are using technology as much as possible to monitor the milk temperature; both through its processing cycle and its storage, this does go wrong from time to time. As such we manually perform parallel temperature checks to ensure that all equipment is working correctly and that we are adhering to DEFA's strict food health, hygiene and safety criteria and guidelines. Should something go wrong it is imperative that we are available to deal with the problem immediately.

• 3. Concern has been raised of the size of the holding where the dwelling is sited, and concerns if the farming operation was to cease, an agricultural dwelling with little land holding would be left; "o The nature of our business does not require a significant land holding.

• o Any farm enterprise whether it has 5 acres or 1000 acres has the potential to sell off all of its land and just leave a house with a small parcel of land around it.
• o I note from searches on the Planning Department's website that there are a number of agricultural dwellings around the Island that, whilst associated with farming enterprises, they have very little land holding."

• 4. Concern of the proposed size of the plot of the dwelling being disproportionate to the scale of the farm; "o The area outlined in red on the plan submitted within our application was simply an indication of the area we felt it best to site a dwelling. I would confirm that we are flexible as to the size (and indeed the location) of the plot within the Magher Grianagh site and happy to be guided by the Planning Team and the Planning Committee as to what will be acceptable and appropriate."
• 5. There are other sites which you own/rent which are larger/collectively greater than the application site. Did you look at any other sites for the dwelling or existing dwellings in the vicinity of these other sites? Why was this site chosen? "The other sites

• o were acquired or became available to us after the business had been established at Magher Grianagh. To relocate the business to one of the other sites would be prohibitively expensive as there is no infrastructure or buildings at these sites, so we would effectively be 'starting again'.
• o Would not be as accessible or are too far off the beaten track to attract customers to our farm shop. We feel that to move the shop would be very detrimental to what is (with exception of the goats milk) our only outlet for our produce.

• o are good viable agricultural land, whereas Magher Grianagh is primarily infill and of poor agricultural value (we had the soil analysed in 2007/08 wherein this was established)."

• 6. A major concern that has been raised, is that the land the dwelling and where the existing buildings are, you don't appear to own? We have concern that if approval was granted for this application and Reserved Matters and the dwelling built, then you could potentially have to leave the dwelling, given it is not within your ownership? Has the ownership altered since the application was submitted?

"o The land at Magher Grianagh is in the process of being transferred into my wife and I's name."

6.13 As indicated above the applicant, they have recently changed the land ownership at Magher Graianagh and it has now been transferred to the applicant (Mr Juan Howland) and his Wife (Mrs Howland) from Mr and Mrs Brew who are understood to the parents of Mrs Howland. Mr and Mrs Brew are also the persons who started the business on the site and still have some involvement, albeit Mr Howland has taken over the business on a full time capacity. It is hoped that before the determination of the application by the Planning Committee, that the land ownership of the application site and the fields surrounding at Magher Grianagh (Fields 134146 & 130579) will have been completed. This is important because if the land isn't within the applicant's ownership, they would have less control and therefore it is more possible that they could potentially have to leave the dwelling, given it is not within your ownership. Within their ownership there is more security for the applicants and the Planning Department, who would be allowing a dwelling under exception circumstances for the reasons indicated by the applicant. - 6.14 Agricultural workers dwelling are a significant exception to planning policy and the applicants are required to proven that the reasons for the dwelling and the location of the dwelling are essential for the farm operation. It is considered from the evidence submitted, it has been adequately demonstrates that there is an essential need for a farm workers dwelling on this site. - 6.15 It is noted that the applicant is proposing a 'passive house', whilst this is supported and encouraged, this is not a sufficient reason to allow a new dwelling, should the agriculture need for the dwelling not be considered acceptable. SITING OF PROPOSED DWELLING

6.15 The footprint of the proposed dwelling has not been included, given the application is an approval in principle it is not required to be shown. However, the proposed dwelling would be located within the red line as shown on the submitted site plan. The dwelling would likely be posited within the centre of Field 134146. - 6.16 As indicated within the policy section of this report Housing Policy 9 states that 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. The farm operation on the site has been operating for six years, so is relatively a new enterprise compared to normal farm holdings. Due to this and given the nature of the farm holding, the buildings used are not the typically farm steel framed barns found on most farm holdings. The buildings used on site are smaller in size, especially in terms of height and some are moveable buildings. The dwelling would be served via an existing entrance and driveway which serves the farm holding. The dwelling would be at least 25 metres from the St Judes Road and as identified previously would be behind significant landscaping along all boundaries of the farm holding. - 6.17 Overall, it is considered the proposed siting of a dwelling within the application site would be acceptable and comply with Housing Policy 9.

- 7.0 RECOMMENDATION

7.1 Overall, it is considered that the justification for an agricultural worker dwelling has been adequately proven and justified therefore the proposal complies with General Policy 3 and Housing Policy 7 of the Isle of Man Strategic Plan. - 7.2 Furthermore, the siting of the proposal would be appropriate and would appear connected with the farm holding given its location adjacent to the buildings connected to the farm holding, and therefore also comply with General Policy 3, Housing Policy 9 and Environment Policy 15 of the Isle of Man Strategic Plan. - 7.3 For these reasons the proposal is considered to be appropriate and the application is therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The Manx Electricity Authority

Recommendation Recommended Decision: Permitted Date of Recommendation: 08.02.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 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.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

- C 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.

• C 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.

• C 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.

This approval relates to drawings reference Location Plan, Site Plan Rev A and Land ownership Plans all received on 25th November 2014, 25th January 2016 and 8th February 2016.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : APPROVED Committee Meeting Date:…15.02.2016

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO

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