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Application No.: 17/00360/REM Applicant: Mr & Mrs Juan Howland Proposal: Reserved matters application relating to PA 14/01341/A for the erection of a detached agricultural workers dwelling, addressing siting, design, external appearance, access, internal layout and landscaping Site Address: Field Numbers 130579 And 134146 Magher Grianagh St Judes Road Sulby Isle of Man Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF DIRECTOR OF PLANNING AND BUILDING CONTROL DIRECTORATE
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
2.0 PROPOSAL - 2.1 The application seeks approval of reserved matters relating to PA 14/01341/A for the erection of a detached agricultural workers dwelling, addressing siting, design, external appearance, access, internal layout and landscaping. - 2.2 The proposed dwelling would be two storeys and in plan form would have an 'L-shaped' footprint. The main form, appearance and design of the traditional is of a traditional Manx farmhouse design, with three upper windows above a central doorway which is flanked with single windows. The proposal also includes gable end chimneys, a painted render finish and with slate or slate-effect roof titles. The windows would be traditional vertical sliding sash windows with vertical glazing bar. The exception to this traditional appearance is to the rear (east) elevation which incorporates more contemporary styled glazing. The south facing elevation of the rear two storey outrigger (forms the L shape) also includes balconies and overhanging eves. This is because the overall house in designed as a 'Passivhaus' design which includes upgraded insulation to ensure the dwelling performs at a much higher rate and reduces the use of fossil fuels and carbon emissions form heating systems. The dwelling also incorporates heat reviver systems which will recycle hot air produced within the building, whilst the heating will be supplied by an air-source heat pump and hot water & light form the photovoltaic cells on the roof (south rear two storey outrigger).
2.3 The dwelling would accommodate 3 /4 bedrooms (one room shown as a study) at first floor, while at ground floor the dwelling would accommodate a kitchen/dining area, living room, utility. There is also a commercial kitchen and office proposed at ground floor level both of which are associated with the farm business operated on the site. - 2.4 Access to the site is via an existing lane and access, directly to the west of the site, which would serve the dwelling and farm. There is a further access to the southern end of the site, where the existing roadside farm shop business operates, albeit there is a planning application (15/00889/B) currently pending for this.
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
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:
3.6 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." - 3.7 Housing Policy 9 states: "Where permission is granted for an agricultural dwelling, the dwelling must be sited such that;
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 Approval in principle for erection of an agricultural worker's dwelling - 14/01341/A APPROVED with the following conditions attached:
"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.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
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."
4.3 Erection of four mobile kiosks for the display and selling of produce and erection of a section of fencing (retrospective) - 15/00889/B - PENDING CONSIDERATION - 4.4 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 - 4.5 Erection of two poultry sheds - 09/01176/B - WITHDRAWN - 4.6 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." - 4.7 Infilling of land to make good arable land - 88/04065/B - APPROVED
4.8 Infilling of land - 88/00299/B - REFUSED
5.1 Lezayre Parish Commissioners (received on 2.04.2017) have recommended a refusal of the application for the following comments: The previously approved approve in principle application explained the need for an agricultural dwelling but this proposal does not mention the need for it; request further information from the DEFA regarding the current position of the business proposed dwelling is excessive ad grandiose, with a balcony; it is close to main road, and the Commissioners envisaged a three bedroomed bungalow on this site.
Further to the type and description of the application being corrected to a reserved matters application, rather than a full detailed application the Commissioners indicated they had no further comments to make (09.05.2017).
5.2 Highways Division have no objection to the application (received on 20.04.2017). "The proposal is to construct an agricultural worker's dwelling in accordance with extant approval 14/01341/A. Highway Services does not oppose this application subject to the following conditions:
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety."
6.1 The approval in principle issued on this site in 2016 firmly establishes the acceptability of the principle of a new agricultural workers dwelling on this site. What remain for consideration are the details of design, access, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site only. - 6.2 In relation to the design, the dwelling in terms of proportion and form is similar to a traditional two storey Manx farmhouse and therefore from this respect the proposal complies with Planning Circular 3/91. Again the main elevation which would be publicly viewable would be the front elevation which faces towards the St Judes Road. This elevation is very traditional and appears as a Manx farmhouse. To the rear elevation the proposal in terms of its form and proportion are again very traditional; however, the fenestration is more contemporary in design. It should be noted that this elevation would not be seen from public views. However, this approach i.e. more contemporary in design in rear elevations to replacement dwellings or extensions to existing dwelling has been acceptable throughout the Island. The side elevation (south) is perhaps the most usually with it first floor covered balcony with overhanging eves level. This design is due to the 'Passivhaus' approach. The applicant's state: "The south-facing elevation has panoramic views of the countryside and Snaefell and this area has most glazing in a modern style to the rear annex. There us a first floor balcony with a canopy at roof level to allow passive-solar transmittance in winter and equally important it also shades direct sunlight to prevent the house from over-heating in summer." - 6.3 Overall, it is considered the proportion, form, design and finish in the main would comply with Planning Circular 3/91 and would be an appropriate to the visual amenities of the countryside.
at first floor level and the bedrooms are not especially large and would be appropriately size. The ground floor includes a kitchen/dining room, utility room and living room. Party of the ground floor includes a commercial kitchen (potentially used for goat milk/cheeses) and an office. Both of these areas are to be used in association with the farm operation and it was considered having these within the dwelling would be better, rather than having a separate building on the site. Again the accommodation provided within the ground floor, and the use of part of the ground floor for purposes directly relating to the farming business, is considered reasonable.
6.5 In terms of parking provision and access, the site would be afforded at least two off road parking spaces with turning provision provide within the site. The access would utilise and existing entrance to the site and which can provide the required visibility splay required by Highway Services, who have no objection to the proposal. - 6.6 In relation to landscaping, as mention before, the site is already heavily landscaped, especially around all four boundaries of the farm holding. Accordingly, it is not necessary to require additional landscaping.
7.1 Overall, it is considered that the proposal complies with General Policy 3, Environment Policy 1 & 15 and Housing Policy 9 of the Isle of Man Strategic Plan 2016. 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:
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.
Recommendation Recommended Decision: Permitted Date of Recommendation: 08.06.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety
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 numbers JTM-098-P-00, JTM-098-P-01, JTM-098-P-02, JTM-098-P-03, JTM-098-P-04, JTM-098-P-05 and JTM-098-P-06 all received on 27th March 2017.
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 : Permitted Committee Meeting Date: 03.07.2017
Signed : S Corlett
Presenting Officer
Signatory to delete as appropriate YES/NO
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