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1.1 We are instructed by our Client's Mr \& Mrs. Teebay to submit a revised application for permission to build a detached family dwelling within the existing curtilage of Bishopcourt Farm, Bishopscourt, Ballaugh. 1.2 An initial application no. 08/01650/A was previously submitted and refused at Appeal for the siting of a detached family dwelling. This was proposed on one of 2 No. farm sites directly adjacent the main Ramsey / Peel Road. This application raised concerns, that a new property in either of these locations would contravene the existing land usage policy and although a special case possibly set a precedent for further dwellings in such locations. 1.3 However, following further discussions with the Planning Department, it has been resolved to resubmit a new application based on the Appeal Inspectors Report comments and the 'Significant Circumstances \& Special Needs of their son and consequently the Family'. To overcome the previous land usage issue the new application proposes a position adjacent to the existing main farmhouse and well within the long established farm building curtlage owned by the Applicant's Father. 1.4 The existing property is a fully working and extremely busy dairy farm, set back from the A3 road. All existing buildings other than the single storey barn adjacent the main road are in used in the daily operations of the farm. 1.5 The new application site has following extensive investigation been proposed in the garden area adjacent to the existing farmhouse and within the established curtilage of Bishopcourts Farm buildings. (see Site Plan Appendix $2 \& 3$ ) 1.6 The application is made on the basis of the extreme circumstances and needs of the family and has been proposed within the existing farm curtilage. The application seeks for an approval in principle for a residential unit, to be occupied by the Applicant on land within the main farm area and would enable the family to solve their special needs and keep their family association with the farm in the rural area. 1.7 The Applicant would expect an Agricultural tie to be attached to any approval. It should be noted that due to its size and operation levels, the farm owners could legitimately apply for Planning Approval for the creation of a new residential dwelling in the countryside as a retiring farmer who proposes to vacate the farmhouse, but continue to assist on the farm. No agricultural tie is in place on the existing farm house.
Although, not normally accepted in Planning terms as a reason for approving an application, we feel that in this case significant medical need can be proven to warrant a relaxation of the overall requirements and thereby grant approval. We therefore outline the significant medical conditions and circumstances that the applicants, as a family are required to cope with on a daily basis. (see accompanying medical reports / correspondence Appendix 5) 2.1 Mr \& Mrs Teebay's son Connell suffers from a very rare form of epilepsy which leads to him having severe seizures which can only be stopped through instant medical treatment. The medical term for this being "status epilepticus". It is a life threatening condition which requires constant supervision. Should a seizure start it must be treated within 2 minutes. If not administered promptly this could cause irreparable brain damage, potential coma and ultimately fatality. Connell has continued to suffer with seizures since he was seven months and has to date had over sixty fits, the majority of which have resulted in hospitalization. Over the past few years seizures have become more regular and severe in nature. Although his consultants have endeavoured to reduce these occurrences through several medication changes, his seizures appear to be drug resistant and uncontrollable. 2.2 Connell must therefore have a Carer present at all times. If a seizure occurs then the liquid medication (buccal midazolam) must be administered orally, if the seizure does not then subside within 1-2 minutes the a rectal drug (diazepam) must be administered. As these drugs are muscle relaxants, Connells breathing and heart rate will slow requiring the administration of oxygen, with a suction machine ready in case of vomiting and inhalation. If this occurs, as in December 2007 an ambulance has to be called and the carer kept on line until the ambulance arrives in case of breathing problems. 2.3 Due to the increasing age and strength of Connell, this is becoming increasingly difficult for a single individual carer, which the majority of the time it is due to applicants present living proximity and immediate backup. If the circumstance arises Connell has to be moved, manipulated, undressed and have the drugs administered within the extremely limited timeframe for medication administration. While these initial activities are occurring, the situation may require an ambulance to be contacted, while keeping an oxygen mask in place, including any resuscitation and manipulation to the recovery position if necessary. During this time the Applicant must ensure that their younger daughter remains safe. It is clear from the possibilities related and actions required that this is a near impossible position for any one person to have to physically and mentally have to deal with alone on a daily basis. 2.4 As Connells condition has continued to deteriorate (see supporting up to date medical correspondence/reports appendix 5) the immediate assistance of Connells Grandparents and immediate family members have become invaluable. Whilst the immediate family live a mere 2 miles away at the application site of Bishopscourt Farm, this can on a good day take a minimum of 10 minutes between by car. Whilst not a long period for most people in general terms, this is a time critical and life threatening period for Connell. 2.5 The proposed site within the existing farm curtilage allows immediate availability and response from the other family members living there, namely Mrs Teebay's Parents, Brother and Sister in Law. This immediate assistance, with the medication administration and if necessary contact with the emergency services, could prevent a seizure turning into a tragedy.
2.6 During the IOM TT \& GP Race periods this immediate assistance becomes even more prevalent due to the Road Closures. This has proven to be the case when during the 2008 TT, Connell had a seizure and required hospitalization. Luckily the Roads were open and an ambulance could access the family home within the course. Had this not been the case then Nobles Hospital has concluded that the air ambulance would have been the only available option. This causes a major concern since the only available landing site in the vicinity of the present family home is on the opposite side of the road at Kirk Michael School. Should however the family be granted permission for a home on Upper Bishopcourt Farm, the helicopter could land on any of the adjacent farm fields, meaning that Connell can be transferred to Hospital within 3 minutes. (see appendix 2 aeriel image) 2.7 Apart from having to cope with the on going threat and unpredictability of the seizures and resultant effects. To date he has now had over 100 seizures. Connells condition also impairs his general movement, balance and depth perception. On a daily basis this can have many adverse effects and therefore requires him being escorted up and down stairs in the existing family home. When he has been administered his required Clobozam at night, he is extremely drowsy and due to the close proximity of the existing bathroom position to the stairs requires assisted usage to prevent accidents. He would therefore benefit from living in a purpose built family home that overcomes these difficulties through careful design giving all facilities necessary close at hand. This would incorporate cameras and microphone monitoring equipment, interconnecting doors and the facility to control through air conditioning the temperature / humidity of Connells sleeping environment. 2.8 Over the years Connell has had several fits at night with convulsions due to fever. His Consultant Neurologist has concluded that this is significantly due to heat. Therefore the close proximity of Connell while he sleeps is vitally important to monitor and avoid these circumstances. There is a real risk according to his medical advisors of SUDEP (Sudden Unexpected Death in Epilepsy), which can be avoid if the individual can be monitored to ensure the correct positioning for breathing, etc. This monitoring of Connell at night is extremely difficult whilst trying to get adequate sleep that will allow one to administer the necessary 24 hour care. The assistance of other family members, close at hand would facilitate a relief system. This would ensure that Connell receives the intensive care and personal attention that he requires and deserves, while maintaining a sanity and quality of life that the family should be able to experience. 2.9 It is imperative that Connell, according to his medical advisors and all the medical evidence, is given every opportunity to overcome development problems by limiting any damage that could be caused through seizures and provided with as safe as possible environment for him to live in.
3.1 As previously as outlined above, it is imperative that the Connell \& his Family reside very close to the other family members so that the immediate support mechanism can be established to prevent further unnecessary threats to Connells Health and on going development. Mr Teebay has no family on Island, while Mrs Teebay's parents, brother and sister in law all live on the farm. Although an extensive search has been made, there are no suitable dwellings available close enough to the family available for adaption to Connells and the families needs. Neither is it possible for the other family members to relocate as the working farm is their livelihood and long established family home for many generations. 3.2 The new planning application thereby seeks to establish a purpose built family home adjacent to Mrs Teebay's parents farmhouse and well within the curtilage of the existing farm. Extensive studies have been carried out on the possibility of using one of the existing barns already on site. However this has proven fruitless, each has been discounted either on the basis of there ongoing usage as part of the busy working farm, under the health and safety issues, bat conservation habitat issues in this area or the in ability for adaption to a safe, special needs home environment. 3.3 The possibility has also been investigated of creating a separate extension annex off the main farmhouse. This again is deemed unsuitable in that the existing property is in architectural terms a good example of traditional Manx farmhouse vernacular of the period and would be compromised by what would be a very large extension to facilitate Connell and his family's needs. Neither would such a proposal allow a facility that could create a secure, safe garden and home for the family without compromising the ongoing workings of the farm and main farmhouse. 3.4 It is therefore concluded that a separate, purpose built $1 / 4$ height dwelling in the adjacent garden area would be the most suitable position. This would be created in a barn style vernacular as agreed with the Planning Officer, so as to mirror many of the characteristics of the existing working buildings and be clad in existing matching stonework. (see sketch image appendix 4) As part of the application, the old redundant single storey cattle barn adjacent the roadside that is no longer suitable for use or conversion is to be demolished so that a new, safer joint access can be created from the existing farm access up to the main farm house. The existing access at the brow of the hill is unsafe safe due to the poor sightline and speeds of vehicles. (see site plan appendix 3) 3.5 The Applicants due to the very nature of farming and their close ties with the farm, together with the need of constant support from the family with Connells's condition, spend a significant amount of time at the farm. Mrs Teebay was raised here and the family maintains close ties with the whole area. Whilst not employed directly on a daily basis on the farm, the family like all farming families assist as often as possible on the farm. These associations give meaningful learning experiences and certainty to Connell, which can only be strengthened further by residing there on a permanent basis. 3.6 Though living in the village only two miles away this does not provide the immediate support to Mr \& Mrs Teebay in dealing with emergencies. Breaking family ties and moving away from the grandparents and his auntie/ uncle is not considered in Connell's best interests and finding affordable housing nearer to the hospital, rather than family support is not practical.
3.7 Referring to Planning Circular 1/88 \& 2/92 paragraph 3 ....other rural settlements and paragraph 13...Additional dwellings may be permitted pending completion of such studies where the development would comply with the following criteria ; a) The development does not extend the settlement beyond its existing boundaries within the countryside b) The development can be serviced by existing infrastructure c) It is self evident that the proposed development would not prejudice the outcome of any study or local plan process. We feel that the proposed dwelling built in character and in close proximity to the existing farm house would and can comply with all of the criteria as noted. 3.7 The Applicants accept that the application is born out of desperation and absolute need since no other suitable solutions can be found. If approval was given it would not in our opinion set a planning precedence, given the special nature of the situation. However it would allow Connell and his family the additional opportunities and indeed their rights to try to live as normal a life as can be possible. Offering a life balance that gives with closer family support and a brighter future for the family as a whole.
4.1 The proposal utilises the existing safer wide access to the farm and replaces the poorer, unsafe access on the brow of the hill. Although the Department of Infrastructure Network Planning Division did not object to the previous applications, this is a major improvement in road safety terms on this very busy stretch of road. 4.2 Consultation has taken place with the Local Commissioners and local MHK who support the proposal knowing the severe nature of the family circumstances . 4.3 These are unique circumstances and warrants in our opinion a relaxation of the Planning restrictions since no precedence will be set and the proposal would be tied to the farm.
5.1 The application seeks approval in principle for a new dwelling within the main farm curtilage, Bishopscourt Farm, Ballaugh. 5.2 The safer existing main access to the farm is to be utilised and with removal of the existing access on the brow of the hill, the application thereby reduces the access points on to the A3. 5.3 The application and its approval would not in our opinion establish an unfortunate precedent for further unwarranted or uncontrolled development in the countryside since this is a situation which can only be viewed on its unique circumstances. 5.4 We submit that the development as proposed is sustainable development that though required under exceptional circumstances, can also be warranted in terms of the on going farm viability and management. 5.5 The dwelling in the location as proposed within the existing farm area would not in our opinion be detrimental, nor would it damage the character, appearance or ecology of the Island. 5.6 In our opinion sufficient special need for approval of this application has been proven both in severe medical / psychological terms and the requirement for on going support, that warrants if necessary a relaxation of the overall planning requirements.
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