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Application No.: 10/01209/A Applicant: Mr & Mrs John French Proposal: Approval in principle for the erection of an agricultural workers dwelling Site Address: Field 610474 Clarum Lane Clarum Farm Laxey Isle Of Man Considerations Case Officer: Mr A Holmes Expected Decision Level: Senior Planning Officer Written Representations Glebe Cottage Kirk Maughold Isle Of Man Interest expressed 33 Ballaquark Douglas Isle Of Man IM2 2EY Interest expressed Consultations Consultee: Highways Division Notes: Defer on the basis that information on the access arrangements including visibility splays and parking layout is required. Consultee: Lonan Parish Commissioners Notes: Approved subject to condition Consultee: Manx Electricity Authority Notes: Interest expressed
The application site comprises land located adjacent to Clarum Farm, which is located at the western end of Clarum Lane in the Ballaragh area of Lonan.
The planning application seeks approval in principle for the erection of an agricultural workers dwelling on the application site.
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The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
Lonan Parish Commissioners recommend that the planning application be approved. They state that their approval is subject to a resistance of any subsequent application to restore the abandoned Farm House to create a third dwelling on the overall site.
The Department of Infrastructure Highways Division have deferred comment on the basis they require information on proposed visibility and parking.
The Manx Electricity Authority expresses an interest in the planning application. The owners and/or occupants of Glebe Cottage, which is located in Maughold, express an interest in the planning application.
The owners and/or occupants of 33 Ballaquark, which is located in Douglas, express an interest in the planning application.
In terms of local plan policy, the application site is located within wider areas of land that are designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. This plan contains three policies that are considered specifically material to the assessment of this planning application:
Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Policy L/OSNC/PR1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
Policy L/OSNC/PR/7 states: "Permission for the erection of new buildings relates to agriculture will only be granted where the Department is persuaded that the building is essential for agricultural purposes and that they comply with the Department's policy guidance on such matters."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically or potentially material to the assessment of this planning application.
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:
Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
Environment Policy 15 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 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."
Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
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."
The planning application seeks approval in principle for the erection of an agricultural workers dwelling on the application site. Based on the planning application submission it is understood that the land associated to the proposed development extends to 60 acres (approx. 24ha) is used for sheep breeding and horse livery. The applicants (Mr \& Mrs French) have lived at Clarum Farm for 36 years in a dwelling that was built in association with the farm, in 1952 by previous owners, and is not agriculturally tied. They now wish to semi-retire with their daughter moving to the site to take over the everyday running of the business. It should be noted that the original farmhouse, which is located adjacent to the application site, is not within the applicant's ownership and therefore cannot be utilised to provide the desired accommodation. In response to a request for additional information the applicant's agent further expanded to advise that about 80 ewes have been farmed on the land in recent years but it is envisaged that this number could doubled to 160 in the future.
Examination of the planning application raises the question of whether the operation of equestrian livery is an agricultural operation, and therefore whether it can be legitimately taken into account in the assessment of agricultural need. To do this it is relevant to examine the definition of agriculture, which under the Town and Country Planning Act 1999 is defined as "horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins, or furs, or the purpose of its use in the farming of the land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where the use is ancillary to the farming of land for other agriculture purposes.". Based on this definition and previous case law it is concluded that whilst the operation of equestrian livery is an activity normally found within rural areas and may be done without prior planning approval the actual operation of equestrian livery (i.e. stabling and grazing) is not an agricultural operation. It therefore follows that it cannot be legitimately taken into account in the assessment of agricultural need when considering a planning application proposing an agricultural workers dwelling.
In terms of assessing the proposal it has to be concluded that the planning basis for the proposed agricultural workers dwelling is primarily based on an existing agricultural operation of about 80 sheep and the desire of the applicant to semi-retire from the business occurring from the site. To aid assessment the professional advice of the Department of Environment, Food and Agriculture on the proposal was sought. Their Agricultural Advisor stated that there are no records of a registered agricultural business operating from Clarum Farm and that neither the applicants nor Clarum Farm appear on their records as being a registered sheep holding. It is their view that there does not appear to be sufficient agricultural justification for the erection of an agricultural workers dwelling and they do not support the application.
The starting point for assessing the proposed development has to be the presumption against development within such areas set out by planning policy contained within the Isle of Man Strategic Plan 2007 and the Laxey and Lonan Area Order 2005. To set aside this presumption against development it is necessary to be satisfied that there is sufficient agricultural justification for the proposed development and that it is essential, not purely desirable, that agricultural worker accommodation is provided on site. Based on the understood level of agricultural activity that occurs within the application site, and guided by the professional advice from the Department of Environment, Food and Agriculture, it is concluded that there is insufficient agricultural need to set aside the presumption against development. Accordingly, the proposal is contrary to the provisions of General Policy 3, Environment Policy 2, Housing Policy 4 and Housing Policy 7 of the Isle of Man Strategic Plan 2007 and policies L/RES/PR/1, L/OSNC/PR1 and L/OSNC/PR/7 of the Laxey and Lonan Area Plan Order 2005, which seek to protect the countryside and areas of high landscape value and scenic significance from unwarranted development.
As regard other issues raised in representations to the planning application it should be noted that the Department of Infrastructure Highways Division have deferred comment on the basis they require information on proposed visibility and parking. Setting aside the principle of development, given the location and reasonable highway implications of the area immediately surrounding the application site it is considered that suitable visibility and parking could be reasonably provided without detriment to highway safety. Whilst it would be beneficial for the planning application to provide details relating to this issue it would be unreasonable to refuse it on the lack of such detail.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Recommendation Recommended Decision: Refused Date of Recommendation: 18.10.2010 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
The proposal represents development within the countryside contrary to the provisions of General Policy 3, Environment Policy 2, Housing Policy 4 and Housing Policy 7 of the Isle of Man Strategic Plan 2007 and policies L/RES/PR/1, L/OSNC/PR1 and L/OSNC/PR/7 of the Laxey and Lonan Area Plan Order 2005, which seek to protect the countryside and areas of high landscape value and scenic significance from unwarranted development. The justification put forward within the planning application does not outweigh the presumption against development set out by the land use designation and planning policy.
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I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made: Refused
Signed: ______________________________
Senior Planning Officer
Date: ______________________________
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