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10 Falcon Cliff Court Douglas, Isle of Man, IM2 4AQ
Chris Balmer Esq. Department of Infrastructure Planning and Building Control First Floor, Murray House Mount Havelock Douglas Isle of Man IM1 2SF
23rd November 2014
Dear Mr Balmer
Further to our pre-application meeting and subsequent communications, I am pleased to enclose herewith our planning application for approval in principle for an agricultural dwelling at field 134146, Magher Grianagh, St Judes Road, Sulby.
Please find enclosed the following documents:
With regard to the various policies which you highlighted that are relevant to our application please find below my responses in red.
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: "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."
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)”
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 engaged 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.” -
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 – N/A there has not been a dwelling or any form of living accommodation associated with the holding/business (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.” - My wife and I and our two children. I am currently the sole full time worker and manage the daily affairs of the business.
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; N/A (b) the agricultural justification for sub-division of a farm; N/A (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 N/A – This is my full time employment and only source of income (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.” N/A
I trust you will find this to be in order, however should you have any questions or require any further information or explanation please do not hesitate to contact me.
Thanks for your assistance
Yours sincerely
Juan Howland
Tel (07624) 491941 Email: [email protected]
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