11 January 2011 · Delegated
Wetfield, Ballagawne Road, Baldrine, Isle Of Man, IM4 6ej
This application sought approval in principle for the erection of an agricultural worker's dwelling on a field on the western side of Ballagawne Road, Baldrine, in the parish of Lonan. The site sits opposite the entrance to Ballacoar Farm and forms part of a field that is partly improved grassland and partly marshy grassland. The officer's report identified two main issues: the planning history of the application site and associated land, and whether there was a sufficient agricultural justification and need for the proposed dwelling. Both were considered in reaching the decision. The application was approved in principle on 11 January 2011, with six conditions attached. The decision was made by the Senior Planning Officer under delegated authority.
The application was approved in principle on 11 January 2011 by a Senior Planning Officer acting under delegated authority. The key planning considerations were the planning history of the site and associated land, and whether there was a genuine agricultural need for a worker's dwelling at this location.
Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential
Laxey and Lonan Area Plan Order 2005
There will be a general presumption against development in areas designated as open space or open space for particular purposes
Laxey and Lonan Area Plan Order 2005
Permission for the erection of new buildings related to agriculture will only be granted where the Department is persuaded that the building is essential for agricultural purposes
Laxey and Lonan Area Plan Order 2005
New development will be located primarily within our existing towns and villages
Isle of Man Strategic Plan 2007
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
New development will be located within the defined settlements
Isle of Man Strategic Plan 2007
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated
Isle of Man Strategic Plan 2007
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.
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
Isle of Man Strategic Plan 2007
Housing Policy 8: 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. 8.9.4 Such a condition will not usually be removed on subsequent applications unless it is shown that the long -term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose. 8.9.5 If it is not possib le for the farm worker to live in the nearest village, the siting of the proposed dwelling should be selected having regard to the various landscape policies in Chapter 7. In particular, the dwelling should self-evidently form part of the farm group.
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
Isle of Man Strategic Plan 2007
Housing Policy 10: 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. 8.10 Conversion of Rural Buildings to Dwellings 8.10.1 Throughout the countryside, there are examples of buildings which are no longer suitable or needed for their originally intended use, but which are of sufficient quality or interest to warrant retention and re-use. 8.10.2 Conversion of such buildings into dwellings can make a useful contribution to the housing stock, ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric. The following policy is therefore appropriate:
Condition 1
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.
Condition 2
Approval of the details of siting, design, external appearance of the dwelling, 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.
Condition 3
This approval in principle relates to the erection of a dwelling on the land defined by the red line on the location plan date stamped the 15th September 2010.
Condition 4
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 person; or any resident dependants.
Condition 5
The dwelling shall be sited to take account and avoid built development within the area of marshy grassland identified within, and adjacent to, the application site. It is recommended that the advice of the Department of Environment, Food and Agriculture's Senior Biodiversity Officer is obtained regarding this issue prior to the submission of any reserved matters planning application.
Condition 6
The design of the dwelling shall be traditional in form, size and design so as to accord with Housing Policy 10 of the Isle of Man Strategic Plan 2007.