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Application No.: 10/01060/B Applicant: Ian \& Sandra Cowell Proposal: Erection of an agricultural workers's dwelling Site Address: Field 434600 Shenvalley Farm Foxdale Road St Marks Ballasalla Isle Of Man IM9 3AL ### Considerations Case Officer : Miss S E Corlett Photo Taken: 02.08.2010 Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Malew Parish Commissioners Notes : Consultee : Manx Electricity Authority Notes: Comments received
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL AND THE LOCAL AUTHORITY OBJECTS TO THE PROPOSAL
The site defined in blue represents the holding of Shenvalley Farm, situated on both side of the B35 and the B36 St. Mark's and Tosaby Roads. The blue area includes Shenvalley Farm which includes a dwelling, as well as Upper Tosaby and Lower Tosaby - farm groups, including dwellings, to the north west. The site extends to 295 acres which is owned and a further 500 acres are rented on short term arrangements. Stocking amounts to 75 dairy cows, 25 replacement dairy heifers, 15 young dairy calves, one dairy bull, 70 suckler cows, 5 breeding bulls, 125 young stock (under 1 year), 110 finishing stock (1-2 years). In addition, the holding accommodates sheep - 450 breeding ewess, 10 stock rams, 40 replacements with all lambs provides sold finished. The business is viewed by Department of Environment, Food and Agriculture (DEFA)as a full time agricultural business with a labour requirement of 5.68 units.
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as "white land", with a small section of Woodland identifying the tree lined access drive to the farm group at Shenvalley. On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within a much wider area of Incised Slopes where the following advice is provided: "Incised Slopes - Ballamodha - Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
Proposed here is the detail of a new farm dwelling. The application proposes both the principle of the dwelling and the detailing of the siting and appearance of the building and its access from the farm lane. The dwelling is to be sited on the southern side of the main access to the farm group at Shenvalley, some 36 m from the existing farmhouse, which is not occupied and which is described as "dilapidated farmhouse used as farm store" on the submitted plans. The plans include a "notional" survey of the trees alongside the access, other than the two immediately alongside the proposed access. These are shown as being retained but are so close to the access that it is inevitable that the roots will be severed and the trees lost eventually. The application drawings indicate that the driveway will be constructed to protect the tree roots.
The house is traditionally styled cottage with three windows in the first floor and two either side of the front door. The roof is pitched and finished in slates (or concrete tiles is permitted), windows are to be vertically proportioned sliding sash-like and there is to be small entrance porch on the front
elevation which faces north and a slightly larger rear entrance porch which faces south. A new septic tank and soakaway system is proposed in the adjacent land, within the defined site. The dimensions of the proposed dwelling are 12 m frontage and 8.4 m depth and a roof pitched at 35 degrees. The accommodation provided includes three bedrooms, a farm office, lounge and kitchen. The roof is to be finished in concrete tiles, natural or imitation slate to the planning officer's approval.
Highways and Traffic Division indicate that they have no objection to the application Malew Parish Commissioners express concern regarding certain inconsistencies within the application and the fact that the farm is operated by a trust.
The Manx Electricity Authority note that there are overhead or underground cables within the site of the application. The overhead line runs straight through the proposed site.
The proposal should be considered in respect of: Environment Policy 15 which states "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 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 is it 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."
Housing policy 7 which states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
Housing Policy 8 which states: "Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engage solely in agriculture; or a widow or widower of such a person, or any resident dependants."
Housing Policy 9 which 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" and
Housing Policy 10 which states: "Where permission is granted for an agricultural dwelling, the dwelling should normally be designed in accordance with policies 1-7 of present Planning Circular 3/91 which will be revised and issued as a Planning Policy Statement."
Energy Policy 2 states: "Land within 9m either side of an overhead High tension power cable will be safeguarded from development."
The advice from DEFA is that the dwelling is agriculturally justified and the application is supported. The applicant currently lives in St. John's and the majority of the farming centres on the farm buildings adjacent to the proposed dwelling. The existing dwelling is not considered suitable to be occupied - too large for the applicant's purposes and right in the farmyard. They would prefer to retain the farmhouse for storage purposes but would reluctantly agree to its demolition, if a condition preventing its future use as residential were not considered appropriate.
Even in the absence of the agricultural support, if the existing dwelling is demolished, the proposed dwelling represents a replacement in accordance with Housing Policy 14 - the proposed dwelling is smaller than that which is to be demolished and in a more practicable position within the farmyard for occupation.
The Commissioners' concerns relate to the security of the farmholding, referring to the other land owners and partners in the farm. There are other interests and these relate to existing dwellings within the farm holding and these are referred to by the Agricultural Adviser in his report. These properties are further from the agricultural accommodation (approximately five minutes) and could not compensate for on-site accommodation as is proposed and as was provided for in the form of the original farmhouse. The proposed siting is amongst the farm buildings and least of all three properties associated with the farmholding, to be separated from the holding due to its location.
The farmhouse should not be retained. Whilst current proposals are to use it as storage, once used, it could be argued in the future, if its suitability for such purposes becomes unviable, that it is redundant and its residential use restored as happened as Ballacashin in Onchan (PA 02/0986).
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
DEFA raise material planning considerations and should be afforded party status in this instance. The Highway Authority indicate that they do not oppose the application The Manx Electricity Authority refer to existing overhead electricity supplies which is a material planning consideration and should be afforded party status in this instance.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 17.02.2011
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of a dwelling as shown in drawings reference IC.08.04, IC. 08.05 and IC. 08.06 all received on 15th July, 2010.
The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants.
The roof must be finished in natural slate or a high quality imitation slate a sample of which must be approved by the Planning Authority prior to the finishing of the roof.
Within one month of the occupation of the approved dwelling, the existing farmhouse must be demolished and the demolition material removed from the site and the site made good as part of the farmyard.
The applicant is advised to consult the Manx Electricity Authority in respect of the existing overhead electricity supply and working practices in relation thereto.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : . Authority Meeting Date : Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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