19 November 2019 · Committee
Field 425318, Main Road, Ballabeg, Castletown, Isle Of Man, IM9 4eh
This application sought approval in principle for the erection of an agricultural worker's dwelling at Field 425318, The Friary, Main Road, Ballabeg, Castletown, Isle of Man, including the means of access. The site forms part of Friary Farm, a 330-acre holding centred on a complex of farm buildings in Ballabeg on the western side of the A7, opposite Friary Park. The farm complex includes a farmhouse and stone outbuildings noted for their historic and architectural interest. The Planning Committee considered two main issues: whether a new dwelling was justified in agricultural terms, and whether the proposal would cause unacceptable environmental harm, particularly to the landscape and highway safety. The committee approved the application in principle on 19 November 2019, with eight conditions attached to the permission.
The Planning Committee approved the application in principle on 19 November 2019. The key issues considered were whether the dwelling was justified in agricultural terms and whether the proposal would cause unacceptable harm to the landscape or highway safety. The committee determined that approval was appropriate, subject to eight conditions.
general presumption against development in areas which are not designated for a particular purpose
The Strategic Plan contains a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EPs 1 and 2)
New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.
Housing Policy 7
Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 8.9.3 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.
Ancient Monuments are protected
Ancient Monuments are protected under Strategic Policy 4
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
Ancient Monuments are protected
to these policies. The final sentence of Urban Environment Proposal 8, which states that there is no presumption against the development of archaeological sites, appears potentially to contradict Environment Policy 40 of the Strategic Plan, which indicates that development which would damage, disturb or detract from an archaeological site or its setting will not be permitted. I recommend that Urban Environment Proposal 8 be deleted from the draft Area Plan. Railway Architecture 53 Urban Environment Proposal 9 refers to the protection of station buildings, gate-keeper's huts and other line-side structures. However, it seems to me that if they are worthy of preservation, these buildings should be registered. While I do not doubt their cultural importance, in the absence of their registration, it is not clear to me how the planning authority could prevent their demolition or removal. I recommend that Urban Environment Proposal 9 be deleted from the draft Area Plan. CHAPTER 7 - TRANSPORT AND UTILITIES Highways Traffic Congestion 54 The Area Plan recognises that that there is already traffic congestion at the Quarterbridge junction; at the junction between Mountain Road and Governor's Road; and at the junction between Glencrutchery Road and Victoria Road. The evidence is that if all the development sites identified in the draft Area Plan were to be built-out, and no improvements were made to the road system, there would be a significant increase in congestion in Douglas and Onchan. Modelling commissioned by the Government suggests that, in the worst case, the average speed of traffic during the afternoon peak could decrease from 19mph to 12mph. Some journey times would be likely to increase by more than 100%, when compared with 2016 data. This would affect both private and public transport. However, it seems to me that, in practice, this worst case scenario is unlikely to arise. 55 Opportunities for additional carriageway provision are very limited and none are proposed in Douglas or Onchan in the Area Plan. However, there may be potential for limited highway improvements in the proposed Comprehensive Treatment Areas. Additionally, there is scope for the installation of an improved system of traffic signals, which could improve the capacity of the existing road network, particularly at junctions. Further mitigation could result from the introduction of the Active Travel Strategy, whereby drivers are to be encouraged to walk or cycle to their destinations, where this is practicable. Children living reasonably close to their school could be encouraged to walk there (perhaps in a supervised 'walking bus'); or go by bike. Reduced car use might also be achieved by a modal shift in favour of public transport; or car travellers could be encouraged to share a single vehicle, wherever possible. There may also be increasing scope for some office workers to undertake their duties at home, by making use of IT facilities. 56 Experience has shown that increasing peak period road congestion often results in 'peak spreading', where car users choose to begin their journeys a little earlier (or later) in order to avoid the worst delays. Congestion charging has also been shown to be an effective way of managing peak period delays. However, a degree of peak hour congestion is characteristic of most urban areas, and is perhaps an inevitable consequence of mass car commuting. Cycle Parking and Changing Facilities 57 The Braddan Parish Commissioners argued that the provision of cycle parking and changing facilities should be encouraged at places of employment. I agree. Chapter 11.5.3 of the Strategic Plan already states that 'consideration should be given to cycle parking for staff … in non-residential development'. However, I consider that such provision could appropriately be required as part of a development brief for any proposed employment site. I also consider that employers should be encouraged to introduce Travel Plans, with the aim of reducing the level of car commuting. I recommend that the provision of cycle parking and changing facilities, and the production of a Travel Plan, should be considered for any proposed employment development. Park and Ride 58 The Braddan Parish Commissioners, Miss P Newton and others urged that consideration be given to the introduction of a 'park and ride' scheme, whereby drivers entering Douglas would be encouraged to leave their vehicles at a peripheral car park and complete their journeys by bus. I understand that a previous 'park and ride' scheme had only limited success, and no firm proposal to try again has been put forward by any Government Department. I see no purpose in allocating land for a park and ride facility in the Area Plan, unless there is a good prospect of the requisite investment being made to bring such a scheme to fruition during the plan period. The TT Access Road 59 The TT Access Road provides the sole vehicular route to and from the interior of the TT course when racing is in progress. It is a single track carriageway with passing places, whic
Condition 1
- 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.
Condition 2
- 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.
Condition 3
- 3. Approval of the details of access including visibility splays, swept paths (to demonstrate that emerging vehicles can access the A7 safely) and surfacing, siting, design, external appearance of the building[s], internal layout, 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.
Condition 4
- 4. The modifications to the existing access, notably reducing the height of the gate pillars and hedge to no higher than 1m as measured above carriageway level, for 22m to the north west of the entrance and for 48m to the south east, must be implemented prior to the commencement of any construction works associated with this approval. The lowered hedging must be retained as such thereafter. The details of the access submitted in the reserved matters application must also demonstrate that vehicles can exit the site approaching the A7 perpendicular to the highway. Reason: in the interests of highway safety.
Condition 5
- 5. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or 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.
Condition 6
- 6. The reserved matters application must include full details of a landscaping scheme to establish the curtilage of the new dwelling. Such landscaping should also seek to mitigate the visual impact of the new dwelling and should incorporate hedging and planting as boundary features rather than walling and fencing. Reason: to protect the character and appearance of the area.
Condition 7
- 7. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Condition 8
- 8. Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, as required by condition 5 above, it must be demolished and the ground returned to part of the surrounding fields. Reason: an exception to the general presumption against development is being made on the basis of agricultural need and should that need no longer be present, there is no justification for the dwelling and it should be removed.