Loading document...
The application site comprises a parcel of land located on the western side of Ballagawne Road, opposite the entrance to Ballacoar Farm, in Lonan
The planning application seeks approval in principle for the erection of an agricultural worker’s dwelling on the application site.
The application site has not been the subject of any previous planning applications. The remaining land shown as being within the ownership or control of the applicant (blue-lined) has been the subject of a number of agriculturally related planning applications, none of which have sought or granted planning approval for residential related development.
Lonan Parish Commissioners recommend that the planning application be approved on the basis of proven need.
The Department of Infrastructure Highways Division do not oppose the planning application.
The Department of Environment, Food and Agriculture's Senior Biodiversity Officer expresses an interest in the planning application. They highlight that part of the field in which the application site is located is partly improved grassland and partly marshy grassland. They suggest that the marshy grassland area has potential for orchids and frogs, which are protected under the Wildlife Act, and that the siting of any dwelling should take that into account to avoid them.
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 land use designation the application site is part designated as open space/agricultural use and part designated as open space for particular purposes (private woodland or parkland, glens and plantations) under the Laxey and Lonan Area Plan Order 2005. There are three policies within the Laxey and Lonan Area Plan Order 2005 that are considered specifically material to the assessment of the 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/PR/1 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 related 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 nine policies that are considered specifically material to the assessment of this current planning application.
Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
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 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."
Housing Policy 9 states: "Where permission is granted for an agricultural dwelling, the dwelling must be sited such that;
Housing Policy 10 states: "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."
The planning application seeks approval in principle for the erection of an agricultural worker's dwelling on the application site. The proposal was the subject of pre-application discussion. The submitted planning application comprises the completed application documentation, a location plan defining the application site in red, and a supporting statement. Following discussion with the applicant further information regarding the holding size, agricultural business and reasoning for the chosen site was submitted. This information can be found on the planning application file.
As stated earlier in this report the application site is located within a wider area of land that is designated as open space, which includes woodland, under the Laxey and Lonan Area Plan Order 2005. It can be seen that planning policy contained within the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007 sets out a general presumption against new development within such areas. However, through General Policy 3, Environment Policy 15 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 there is scope for allowing essential housing for agricultural workers who have to live close to their place of work as an exception to the general presumption against development. The planning application has been submitted on this basis and it is therefore necessary to assess the proposal against Housing Policy 7 - Housing Policy 10 (inclusive) and to have regard to paragraphs 8.9.1 - 8.9.6 (inclusive) of the Isle of Man Strategic Plan 2007. The wording of those planning policies can be found within the Planning Policy section of this report, the wording of those paragraphs is as follows:
Paragraph 8.9.1 states: "As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside."
Paragraph 8.9.2 states: "Agricultural need should be established having regard to:
Paragraph 8.9.3 states: "In judging whether the need is sufficient to over-ride other policies, particular regard will be had to:-
Paragraph 8.9.4 states: "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."
Paragraph 8.9.5 states: "If it is not possible 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 selfevidently form part of the farm group."
Paragraph 8.9.6 states: "The design of the building should also have regard to the various landscape policies, such as to preserve the character of the local landscape."
As the planning application seeks approval in principle it is apparent that design is not a matter for specific consideration as part of the planning application, so the issues raised by paragraph 8.9.6 and Housing Policy 10 can be set aside for the moment. Similarly, setting aside the principle for the time being, as the location of the application site is appropriately located relative to the agricultural activity there is no obvious conflict with Housing Policy 9. Rather, the main purpose of the planning application is considered to be an assessment of whether there is sufficient agricultural justification for allowing the proposed development as an exception to the general presumption against development. The crux of the acceptability of the development proposed by the planning application therefore depends on Housing Policy 7 and the issues raised within paragraphs 8.9.18.9.3 (inclusive).
Having examined the relevant planning policies and associated paragraphs within the Isle of Man Strategic Plan 2007 it is considered that there are two key issues to examine. Firstly, the background of the proposal in terms of the planning history of the application site and associated land. Secondly, the agricultural justification and need for the proposed development. As part of the assessment of the planning application professional advice was sought from the Department of Environment, Food and Agriculture's Agricultural Advisor.
In terms of the first matter, as highlighted earlier whilst the application site has not been the subject of any previous planning application the remaining land identified as being within the ownership or control of the applicant has. The majority of these previous planning applications have been related to agricultural development. However none of these sought or granted planning approval for residential development. As such, it can be seen that as far as can be reasonably ascertained the farm holding at present only contains one dwelling.
As for the second matter, the issue of agricultural justification and need the applicants have set out their case within a combination of the planning application form and a subsequent clarification letter received on the 20th November 2010. Through this it can be seen that the farm holding comprises of approximately 190 acres. This can be broken down into 114 acres of owned land, 60 acres of long term tenancy and 6 acres on five year tenancy. The majority of the farm holding is located around Ballacoar Farm and the application site for the current proposal. Based on the applicant's information and the Agricultural Advisor the current stock levels comprise 70 sows, 45 cattle and 250 sheep. Together with 25 acres of cereal production the agricultural operation is based on the breeding and finishing of these animals. Whilst the applicant is not of retirement age he has been suffering from serious ill health that affects his ability to do physical work on the farm. This situation is accelerating the transition of farm to the next generation. It is understood that the applicant would remain at Ballacoar Farmhouse with the proposed dwelling being occupied by one of his sons. Based on the Agricultural Advisor's calculations the farm holding has a labour requirement of 2.55 standard labour units and is it their view that this is a full time agricultural business that would benefit from additional on-site accommodation.
Having had regard to the case put forward by the applicants and advice provided by the Agricultural Advisor it remains necessary to consider whether this provides sufficient justification to provide agricultural need that outweighs presumption against development. Whilst it is clear that it would be preferable for the applicant to live close to the agricultural business the real test is whether living on the application site is essential. In this respect it is concluded that the welfare of the animals does merit on-site presence. As for siting the application site is located across Ballagawne Road from the main group of farm buildings that constitute Ballacoar Farm. The provisions of Housing Policy 9, and supporting paragraphs, state that where permission is granted for an agricultural dwelling the dwelling must be sited such that it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, be well set back from any public highway, and be approached via the existing farm access. In response to this issue the applicant stated that the application site is of limited agricultural value, is located close to the existing farm group and has readily accessible. They ruled out other sites within the farm group on the basis these would use up valuable agricultural land, and that due to position and natural drainage be likely to suffer from drainage problems and unpleasant smell from the existing slurry pit. These are genuine concerns and accepted. Therefore, whilst perhaps not as close to the farm group as ideal in theory it is considered to be as close as realistic in practice.
As for other issues to consider as part of the assessment of the planning application the applicant has submitted percolation test results that suitably demonstrate that surface water drainage can be adequately dealt with by soakaway. The application site is off sufficient size and there are no known reasons why sewerage cannot be dealt with in the application site. It is concluded that safe means of vehicular access onto Ballagawne Road can be provided and any land required to be used within any necessary visibility splay is within the control of the applicant. The information provided by the Senior Biodiversity Officer shows there is ample space to erect a dwelling on the application site without affecting the marshy grassland area and any possible protected wildlife contained therein.
Based on the above it is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lonan Parish Commissioners; and The Department of Environment, Food and Agriculture's Senior Biodiversity Officer.
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Department of Infrastructure Highways Division; The Manx Electricity Authority; The owners and/or occupants of Glebe Cottage; and The owners and/or occupants of 33 Ballaquark.
Recommendation Recommended Decision: Permitted Date of Recommendation: 05.01.2011 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
C 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.
C 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.
C 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.
C 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.
C 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.
C 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.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : ......10/01/11 Signed : ......10/01379/A Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
