18 May 2012 Officer Report

Planning Officer Report And Recommendations {{table:19620}} {{table:19621}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE, THE HIGHWAYS DIVISION HAVE INDICATED THAT THE APPLICATION SHOULD BE DEFERRED AND THE LOCAL AUTHORITY HAVE RECOMMENDED REFUSAL

The Site

1. The site defined in blue is Glashen Farm, a holding which is farmed in conjunction with other land at Strandhall and Middle Farms. The site defined in red is a very small part of that - an area 60m by 20m and accessed off the farm lane from the Castletown Road (A5) to the farmyard. The site is opposite the approved site for a new dwelling - see Planning History below.

1. Glashen Farm occupies undulating land which falls from the A5 in the south east to a river valley then rises up to the north west to the A26 St. Mark's Road. The farm yard is roughly in the centre of the area.

The Proposal

1. Proposed is the principle of the erection of a farm dwelling on the site. The siting is opposite the site of an approved bungalow which was permitted under PAs 08/1572/A and 09/0578/REM. A footprint of a suggested floor area is shown, which is 15m long and 7m deep which is very similar to the footprint of the property approved across the lane. The applicant explains that he farms 130 acres and rents a further 550 elsewhere. He intends to retire to the proposed dwelling and on retirement to have his and his partner's sons take over the running of the farm. The siting is such that he can still assist with the running of the holding but without causing disruption to the day to day operations. He stresses that he remains committed to the erection of the approved dwelling but has had the last two years preoccupied by fighting the installation of an underground gas main across his land and the resultant re-organisation of the stock.

Planning Status And Policy

1. The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as High Landscape Value and Scenic Significance.

1. As such, the following policies are applicable in this case:

General Policy 3: 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."

Housing Policy 10 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."

Planning History

1. The applicant has sought permission for new dwellings on the farm, alongside the St. Mark's Road (PA 10/1232), off the Castletown Road (PA 11/0750), and for a number of agricultural dwellings which were refused (PAs 07/0498, 07/1782 and 12/0145) and two which were approved (referred to above). The farm as such has an existing farmhouse which was built when the farm yard moved from adjacent to Glashen Close to its present location, and extant detailed permission for the erection of a further agricultural worker's dwelling opposite the application site. This has yet to be implemented but the applicant indicates that he is still fully committed to implementing this as part of his plans to reduce his input in the running of the farm and handing it on, hopefully to his and his partner's sons.

1. The most recent application for an agricultural worker's dwelling was refused for the following reasons:

R 1.

Housing Policy 7 requires that where agricultural justification is provided for a new dwelling, it must be within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, well set back from any public highway and approached via the existing farm access. The proposed dwelling will comply with none of these requirements and would appear as an isolated new dwelling in the countryside.

R 2.

Whilst there is support for the application from the Agricultural Adviser of DEFA, there is in place provision for an additional dwelling on the farm which has not yet been implemented, despite planning permission having been granted in 2009 (PA 00578). As such, the need for effectively what would be a third dwelling on this farm, when the second dwelling has not been provided, is not considered sufficient to offset the general presumption against development in the countryside.

R 3.

There is insufficient information contained within the application to demonstrate that the visibility splays or 2m by 160m as required by the Highways Authority can be provided and maintained on land owned and/or controlled by the applicant.

Representations

1. Malew Parish Commissioners object to the application on the basis that the property is not justified agriculturally.

1. Highways Division seek a deferral as insufficient information has been provided to be able to evaluate the application.

1. Residents of Maughold and Douglas object to the application on the basis of unproven agricultural need.

1. The Manx Electricity Authority make comments about the provision of an electricity supply. This is not a material planning consideration.

Assessment

1. The applicant has responded to the reason for refusal of the most recent application, PA 12/0145, by moving the siting of the proposed dwelling to immediately alongside the farm lane and directly opposite the approved siting of the other new dwelling. The siting as such complies with Housing Policy 9. In terms of agricultural need, the Agricultural Adviser of DEFA previously recommended that "the farm enterprise extends to 630 acres, 100 of which are cropped with spring barley. Glashen Farm occupied 160 acres of the total with 360 acres at Gansey and 110 acres at Middle Farm in Braddan: of this, the Middle Farm land and 30 of the Glashen acres are on short term leases whereas the Gansey land is on a long term secure tenancy. The farm currently has 200 breeding cows, 12 replacement heifers, 10 breeding bulls and 250 finishing cattle largely finished at 18 - 22 months. The labour unit requirement for the enterprise is 3.03 units and DEFA consider this a large full time agricultural business. The breeding cows are considered to be largely high value pedigree animals and as such an increased level of observation is required to ensure a high standard of health and welfare is maintained. Cows are calving every month with peaks in spring and autumn. All the cows calve at Glashen.

1. He comments that "Mr. Taggart and his partner do own a private dwelling not associated with the farming business which was purchased as a diversified investment. He concludes by stating that the provision of a third dwelling to the farm business will allow the current farming operation to be passed on to the next generation and aid the current business to continue at least at its current scale and level of production and as such is agriculturally justified. He also adds that manager's accommodation plus suitable accommodation for farm workers would assist in the recruitment and retention of good farm staff, which in his view are becoming harder to source." (all dated 7th March, 2012).

1. Mr. Taggart is a long established and successful farmer who is now making plans for the continuity of his enterprise. The advice of DEFA is such that supports three dwellings in connection with the enterprise and as such it is considered that there is real agricultural need which would warrant setting aside the presumption against development in this case. Whilst the permission for the second house has not yet been taken up, the applicant has explained why this has not been implemented.

1. In terms of access, the proposed dwelling will be served by an existing access which is considered suitable for the accommodation of a further dwelling which is associated with the farm holding. Whilst ht have indicated that there is insufficient information available to assess the application, the access to the site exists and serves a working farm and a relatively recently approved new dwelling which has yet to be constructed. As such, it is considered that the application can be assessed and is acceptable.

Party Status

1. The local authority, Malew Parish Commissioners are, 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.

1. 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.

1. The residents of Douglas and Maughold are not directly affected by the proposal and should not be afforded party status in this case.

1. The Manx Electricity Authority do not make reference to material planning considerations and as such should not be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 18.05.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. Approval of the details of design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. This permission relates to the principle of the erection of a farm worker's dwelling in the location shown in the drawings received on 13th April, 2012.

C 5. The proposed dwelling should be single storey and designed in accordance with the principles of Planning Circular 3/91 - Design to Residential Development in the Countryside.

C 6.

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.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ... ... Committee Meeting Date :

Signed : ... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO