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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL INVOLVES THE ASSESSMENT OF WHETHER THE PROPOSAL ACCORDS WITH THE PROVISIONS OF THE DEVELOPMENT PLAN
1.1 The site is part of the farmyard of Ballashamrock Farm which sits to the south east of the B23 highway which leads from the A25 Old Castletown Road to Port Soderick. The farmyard accommodates two large portal framed farm buildings, a couple of smaller buildings, all of which are in the ownership or control of the applicant, and adjacent to the land owned by the applicant is Ballashamrock House which is owned by another party but part of which, the rear annex, is owned and occupied by the applicant as a self contained dwelling. Ballashamrock House has not been associated with or available to Ballashamrock Farm in the applicant's living memory. The main house faces south east and the rear annex sits at the north west abutting the farm yard. There is a separate access to the main house, from the entrance to the farm, round to the south, skirting around the farmyard.
1.2 The buildings are not visible from the B23 road alongside the entrance and only a fleeting glimpse of the existing shed which is to be removed, is visible from Quine’s Hill if one is looking in that direction. The building group is hidden from view from the Marine Drive direction, by the topography of the land although it is likely that the site will be visible from the steam railway line which curves around in its approach to Port Soderick station, and lies only 90m to the south west of the site of the proposed building.
2.1 Proposed is the demolition of an existing agricultural building at the south eastern side of the farm yard and the erection in its place of a new dwelling. This will have a basic footprint of 13m by 8.8m and will be 8.5m tall and with an annex to the side which will accommodate a garage attached to the house by a link. The property will have a 35 degree pitched slated or slate like roof, three bedrooms, one with a large dressing room which is 3.4m by 4.4m and an overall internal floor area of around 200 sq m. The dwelling will be on part of the footprint of the building to be demolished. The cow house which will be removed has a footprint of 8.9m by 18m and is 5.3m tall.
2.2 The dwelling is traditionally designed but with proportions which are wider and deeper than is recommended in Planning Circular 3/91 (11m by 5.5 m ) and as a result is taller than the traditional cottage described in this application. 2.3 The farm which supports this application extends to include Southampton Farm which is focussed on land to the north of the Old Castletown Road and which accommodates a relatively new farm dwelling and milking parlour. This part of the farm extends north as far as the New Castletown Road. Other land associated with the farm includes a parcel to the east of Southampton Farm on the northern side of the Old Castletown Road stretching up as far as Magher y Gheill which was the subject of a recent application, 13/00876/B, for alterations and extensions and the extension of the residential curtilage into the field to the rear of the house, which is part of the land associated with this holding. Other pieces of the farm lie to the south west of the application site, on both sides of the Port Soderick Road, a piece of land beside the DoI depot on Marine Drive and two parcels of land on both sides of the Old Castletown Road at Ballakelly Farm which sits on the Old Castletown Road just before it drops down to Glen Grenaugh as one travels towards Ballasalla. 2.4 The farm extends to 340 acres, 297 of which are tenanted/owned (no distinction as to how much is owned) and 43 acres contract farmed. On average this amounts to 240 acres of temporary grassland and 200 acres of arable crops. The current livestock levels are 140 dairy cattle, 38 in calf heifers, 15 bulling heifers and 53 other cattle. 2.5 They explain that the farm is currently operated by three people - Mr. and Mrs. Kelly and their son in law who lives at Southampton Farm. The new accommodation built at Southampton Farm has an agricultural tie on it and is being occupied in accordance with that. The dairy herd is milked and housed at Southampton firm and replacement young stock and dry cows are kept at Ballashamrock. They explain that the applicants live in accommodation which they consider substandard: it comprises around 184 sq m , has a poor outlook, is in need of modernisation and does not belong to the applicants. 2.6 They explain that there are two properties close by - Millside which is a retirement dwelling which is occupied by the applicant's mother and sister. This is not available for occupation by the applicants and is being occupied in accordance with the relevant occupancy condition. The other property, Ballashamrock Cottage is owned and occupied by the applicant's brother and his family. It was associated with the farm many years ago when the brother worked on the farm. He purchased it in 1991 and has not worked on the farm since then. The only condition on that property is that it was to be sold back to the Government if sold within 15 years of construction. It does not have an agricultural tie and is neither available nor associated with the farm. 2.7 They explain that their current accommodation could be allocated for a farm worker and his family if the approval is granted and the applicants move out. 2.8 There is another property, Southampton Farm Bungalow which is on the opposite side of the Southampton Farm Lane to the farm buildings and is the subject of a current application for the lawfulness of use as a private dwelling, it having been used as a private dwelling and not in accordance with the agricultural tie for a period in excess of 10 years. Southampton Farm was owned separately from Ballashamrock and when the applicant's grandmother died, the farm was divided between her daughters and sons. The original farmhouse at Southampton was sold and is now completely separate from the holding.
3.1 The site lies in an area designated on the Braddan Local Plan of 1991 as Open Space (Agricultural) and where such land is identified as being of an Area of High Landscape or Coastal Value and Scenic Significance.
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) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage". 3.3 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
Environment Policy 2 which states: "The present system of landscape classification of Areas of High Landscape of 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 difference 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: a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential." 3.4 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 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."
PLANNING HISTORY 4.1 Southampton Farm has been the subject of the following applications: PA 00/01510 approval in principle for agricultural dwelling and building - approved and PA 03/00782 detailed permission for the dwelling and building - approved. PA 11/01620 permitted to further agricultural buildings. Ballashamrock farm bungalow was approved under PA 88/04027 in principle, and was proposed on the basis that the applicant's son, Colin (the current applicant) occupied the existing farm bungalow but has three children and the dwelling is too small. The intention was for the farmhouse, which was then in the ownership of the applicant, to be occupied by Colin and his family, the existing bungalow could be occupied by the applicant's other son and the proposed dwelling would be a retirement dwelling for the applicant. The applicant's mother still lives in this property. The approved dwelling was the subject of an occupancy condition which restricted the occupation to that of someone whose employment or latest employment is or was employment in agriculture including the dependants of such persons.
5.1 Manx Electricity Authority indicate that the applicant should consult them in respect of the provision of electricity supplies to the site, which is not a material planning consideration and should not be referred to in any planning decision notice. 5.2 ht indicate that they do not oppose the application.
6.1 The issues in this case are whether an additional dwelling is justified in agricultural terms and if so, whether there would be any adverse impact from the new building in terms of effect on the amenities of the existing house, Ballashamrock Farm and on the amenities of the area which is designated as of an Area of High Landscape or Coastal Value and Scenic Significance. 6.2 The property will be visible from the A25 but only fleetingly and if the external walling were finished in a darker colour or left unpainted, this would result in something which will not be conspicuous in the landscape. 6.3 In terms of agricultural need, DEFA has recommended that the farm does extend to 350 acres, 100 of which are cropped with cereals and 250 are down to grass. This land is occupied on long term tenancy agreements - 220 acres on a secure long term heritable tenancy from family members, a further 40 acres on a rolling 5 year agreement from family and the remainder is leased on an annual basis which has been in place for over 5 years. The farm is centred on 140 milking cows and associated 106 head of young stock which ranges in age from 1 day to 18 months. The farm supports 4 full time workers and is viewed as a full time farming business. The farm is currently worked by Mr. David Collister the applicants' son in law, the applicants. The farm has steadily grown to its current situation. He also confirms that the existing building to be demolished is not suitable for modern farming practices. DEFA considers that the new dwelling is agriculturally justified. 6.4 There have clearly been dwellings associated with the farm in the past and of these one is currently occupied in association with the farm as a retirement dwelling and the other is occupied by a farm worker who farms the land (Southampton Farmhouse). The third dwelling is not tied to the farm and not available to the applicants. The final fourth dwelling is the annex to Ballashamrock House, which is not ideal, being part of a non-agricultural dwelling which is not in their ownership or control. This issue would be better controlled if the applicant proposed to demolish the annex on completion of the new dwelling, or there were
some form of legal agreement reverting the annex back to part of Ballashamrock House on completion of the new dwelling. This would prevent the new dwelling becoming a fourth dwelling associated with the farm but with no specified occupant or use. 6.5 Despite this, it is considered that the dwelling is agriculturally justified and its erection could lead to the separation of Ballashamrock House, which already has its own separate access, from the farm, which will be beneficial to both the occupants of the main house and the operator of the farm. It is understood that the applicants and the owner of the house have previously been in discussion about the vacation of the annex and the use of the annex and the main house as a single dwelling. 6.6 The property is larger than is advocated by the Planning Circular 3/91 (5.5m by 11m) and the larger length and particularly depth will lead to the dwelling being around a metre taller than is shown in this Circular. The dwelling will be visible from Quine's Hill and will be more prominent than the existing building which is less tall, lower down and self coloured. The applicant has indicated that they would like to paint the property a light colour, reflecting the finish on traditional dwellings and also that of Ballashamrock House and have noted that the view from Quine's Hill is limited to a short section of road. 6.7 Bearing in mind that the proposed dwelling will be slightly larger than would normally be advocated in the Circular, it would be unfortunate if the dwelling suddenly appeared as a new conspicuous feature in the landscape that wasn't there before and as such, it is recommended that if approved, the dwelling should either be left unpainted, finished in a self dark coloured render or painted a dark colour - sage green or dark grey to minimise its impact in the landscape.
7.1 The local authority, Rushen Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure), Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be affoided party status. (4) 2 7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure), Order 2013 paragraph 6 (4) d. (4) 2 7.3 MEA does not raise material planning considerations and as such should not be afforded party status in this case.
Recommended Decision: Permitted
Date of 04.11.2013
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the erection of a agricultural dwelling as shown in drawings 1, 3, 4 and 5 all received on 27th August, 2013.
C 3. 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.
C 4. The new dwelling shall be left unpainted, or finished in a dark self coloured render or painted a dark colour. Any applied colour must be approved by the planning authority prior to its use.
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 : 12 - 11 - 15
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
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