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Application No.: 15/00361/B Applicant: Ballacosnahan Farm Limited Proposal: Erection of an agricultural dwelling Site Address: Ballacosnahan Farm Patrick Road Patrick Village Isle Of Man IM5 3AW Case Officer : Miss Melissa McKnight Photo Taken: 15.04.2015 Site Visit: 15.04.2015 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AS AN AGRICULTURAL WORKERS DWELLING IS PROPOSED.
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Ballacosnahan Farm, an established farm holding located to the south of the A30 Patrick Road. - 1.2 Ballcosnahan Farm is occupied by a number of agricultural outbuildings, a dwelling and an existing derelict farmhouse. The site is accessed via a long lane that also serves a property called The Vicarage which is located over 250 metres north west of the application site.
2.0 THE PROPOSAL - 2.1 This current planning application seeks approval for the erection of an agricultural dwelling. - 2.2 The dwelling proposed would not take the form of a traditional dwelling but would have similarities to traditional rural buildings found in the countryside. The dwelling would be part single and part two storey and set out in an informal arrangement. - 2.3 The dwelling would be finished in a mix of materials, render, natural weathering timber boarding, Manx stone with the roof finished in natural slate tiles. - 2.4 The dwelling would provide a study, office, utility, bathroom, kitchen, family room, dining and lounge at ground floor and two ensuite bedrooms and two bedrooms and one bathroom at first floor. The dwelling would have a floor space of 280.5 square metres. - 2.5 The proposal will result in the loss of two trees as shown on the submitted drawings.
3.0 PLANNING HISTORY - 3.1 Ballacosnahan Farm has been the subject of a number of previous planning applications which have been listed below:
PA 09/00261/B: Relocation of existing agricultural building, construction of access road and removal and planting of replacement trees. This previous planning application was granted planning permission subject to the following conditions:
3.2 The site is also the subject of one current planning application, PA 15/00360/B, to erect a new lambing shed in replace of an existing dilapidated farm house.
4.0 PLANNING POLICY - 4.1 The application site lies within an area zoned as part Area of High Landscape or Coastal Value and Scenic Significance and part Woodland under the Isle of Man 1982 Development Plan. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains nine policies that are considered materially relevant in the assessment of this current planning application:
Strategic Policy 1 states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services."
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:
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 overriding 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."
4.3 Planning Circular 3/91: GUIDE TO THE DESIGN OF RESIDENTIAL DEVELOPMENT IN THE COUNTRYSIDE sets out criteria as a guide on suitable design and construct residential buildings in the countryside.
5.1 Patrick Parish Commissioners have no objection to the current planning application (15/04/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (20/04/2015).
5.3 The Department of Environment, Food & Agriculture (DEFA): Forestry, Amenity & Lands Directorate in an email dated 10th April 2015 raised concerns regarding the loss and lopping of trees. - 5.4 DEFA: Forestry, Amenity & Lands Directorate in an email dated 30th April has recommended that a bat survey is undertaken.
6.1 In response to the concerns raised regarding the impact of the development upon the trees within the site and the loss of trees, a site visit between the applicant and DEFA was conducted. DEFA have confirmed in an email dated 11th June 2015 that no trees, apart from ones already with licenses, would be affected.
6.2 In light of the representation made by DEFA: Forestry, Amenity & Lands Directorate regarding known bats roosting in the locality; a bat survey was conducted by the Manx Wildlife Trust in July 2015 with primary regard to the demolition of Ballacosnahan Cottage. The survey concluded that the visual inspection showed no clear evidence of current bat activity within any of the buildings under survey, but did reveal a number of small void spaces that might be suitable as small roosts and indicated a very strong evidence of bats in this locality, but did not demonstrate the presence of a large roost within the old farmhouse itself. Based on the conclusions of the survey the Manx Wildlife Trust recommended mitigation procedures based on the proposed demolition of Ballacosnahan Cottage. - 6.3 On receiving of the bat survey, DEFA: Forestry, Amenity & Lands Directorate have confirmed in an email dated 7th August 2015 that the survey looks fine and the recommendations have been accepted and sate that measures should be put in place to prevent issues regarding active bird nests during works.
7.1 When determining any application proposing an agricultural workers dwelling within the countryside that is not zoned for development, General Policy 3 paragraph A of the Isle of Man Strategic Plan 2007 is used to assess the application. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential housing for agricultural workers who have to live close to their place of work.
7.2 General Policy 3 also makes reference to Housing Policies 7, 8, 9 and 10 which relate to agricultural workers dwellings. Housing Policies 7 & 9 set out the criteria for assessing the principle of accepting an agricultural worker's dwelling which will be discussed below. - 7.3 Housing Policy 7 states that new agricultural dwellings will only be permitted in the exceptional circumstances where real agricultural need is demonstrated. In judging whether the need is sufficient to over-ride other policies, paragraph 8.9.3 sets out the criteria to what particular regard in assessing the agricultural need will be had to. This comprises the following, (a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of the 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. Criteria d and e are not relevant in this case.
7.4 With regards to provision (a) of Housing Policy 7, the applicant's agent provided further information regarding the farm holding who has explained that originally the farm went to the summit of, or close to, Slieu Wallian which equated to around 20 acres. This land is rough Heather grazing and the farm rarely used it as it was not suitable for the stock that the farm kept. The applicants' father sold this land to an adjacent farmer who had been grazing cattle on it for a number of years. Furthermore, during the 1960's the applicants' father, who owned Ballacosnahan Farm bought the Glebe Fields that equate to approximately 30 acres. It is evident that Ballacosnahan Farm operates on a large scale has never been subdivided. - 7.5 The applicant's family has owned Ballacosnahan Farm for over 60 years with a tenant farmer. The supporting information states over the last 30 years the farm has deteriorated greatly and in 2012 a professional survey was conducted that showed the farm to be in a dire state. The applicant took over the farm in 2013 and there was not a single stock proof fence left, the outbuildings were in a dilapidated state, the farmhouse was beyond repair and the farm was covered in metal and rubbish. - 7.6 This application forms phase 4b of the revitalisation of Ballacosnahan Farm to rebuild the farmhouse just less than 100 yards from the farm yard and position of Ballacosnahan Cottage. The dwelling has been proposed in its location so that it does not interfere with using the yard for handling stock. The current stock is 153 breeding ewes, 85 shearling ewes that will go to tup this October, 103 ewe lambs born this year and will also go to the tup October 2016, 13 Entire rams and 189 Wethers for slaughter. About 2-3 ewes that will be culled and 94 ram lambs born. It is envisaged to grow the flock to a figure of between 700-
7.7 The applicants live in Dalby and currently travel to the farm so it is their wish to have a dwelling on site as it is becoming increasingly necessary to live on site to monitor lambing and other agricultural activity as well as oversee potential holiday lets, a future additional proposal for Ballacosnahan Farm.
7.7 There is another dwelling, Ballacosnahan House, on site which is in the ownership of the applicant. Ballacosnahan House is not currently occupied but was previously occupied by a family member who is now deceased. Additional supporting information states that Ballacosnahan House was put on the market in 2008 and despite several price drops, it has never sold. The original plan was to completely renovate the house and place it back on the market. However, a survey was conducted on the house that showed it was in a worse condition than originally thought. It is now thought that the house will not be habitable for 1 to 2 years. - 7.8 Ballacosnahan House and the farm are separate entities. It is understood that the farm has always had a farmhouse which was last occupied in 2013. Since then and now, the land has been improved and stocked. - 7.9 After a site visit the applicant explained that Ballacosnahan Cottage does not present itself as a habitable dwelling given the layout and run down state. In 2014 Ballacosnahan Cottage was zero rated due to its derelict state. Previously, the farmhouse had a low valuation which would suggest that it had an agricultural valuation. Alongside this application, is a planning application, PA 15/00360/B, for the replacement of Ballacosnahan Cottage with a lambing shed. - 7.10 The existing farmhouse has been condemned and is no longer rated and its existence in its present form and state is not considered to lend itself to a building where a home could be provided. In addition to this, it is sited in a position that could interrupt the flow of a future viable farm. Ballacosnahan Farm has gone from having two dwellings to one, what is
7.10 Looking at the long-term viability of the farm, it is the applicants desire to get Ballacosnahan Farm back to being a viable profitable business within the next 4-5 years and eventually the applicant's decedents will take over. The applicant receives an increasing income from the sale of Loaghtan wool and meat and from selling excess grass off for hay, haylage and silage. The first batch of wool was spun 2 years ago and the applicant was surprised at the increasing demand for it. The first batch of 1500 balls have almost all sold and Ballacosnahan Farm got their second much larger batch in February 2015. Ballacosnahan Farm supply their wool to Manx National Heritage, Laxey Woollen Mills and via their website locally, to the UK, Australia, Scandinavia and roughly a quarter of the stock is sold in the USA where there appears to be a high demand for rare breed wool. - 7.11 Phase 5 of the development plan of Ballacosnahan Farm is to convert the top floor of the old Granary to a three bed holiday let. The access to this building has the advantage of being behind the farm yard so would not interfere with the use and working of the farm yard. From architectural and structural engineers report the conversion would be feasible and from calculations, Ballacosnahan Farm would recoup the outlay money within 5-7 years and it would possibly generate a regular income for the farm for years to come. - 7.12 Phase 6 of the revitalisation proposes to convert an existing outbuilding or build an area suitable to hang and butcher Ballacosnahan own meat and set up sausage and burger making facilities for all the less popular cuts of meat. Preliminary enquiries show there is a market for this type of special/rare products in the higher end gastro-pubs and restaurants in the UK. Also within the Island, Loaghtan sausages and burgers were popular when made previously. It is the applicant's plan to export these to the UK which would greatly increase the market of Ballacosnahan and also raise the profile of Manx produce.
7.13 Phase 6 also involves the vision of opening Ballacosnahan Farm as a tourist attraction with farm open days where visitors can see Manx Loaghtans, feed bottles to lambs, a picnic area, farm walks, play area and eventually a café and farm shop selling wool, rugs, skins, knitted garments alike. In 2014, Ballacosnahan had four large groups and several family groups that arranged to come up to the farm. A group that previously visited have requested to have a returning group from Norway again in 2015. Initially, it is envisaged that the farm would only open two days a week but if demand allowed this would increase particularly in the summer months. Phases 5 and 6 set out above may require planning permission and would be assessed accordingly when proposed. - 7.14 Phase 7, the last phase of the revitalisation, involves looking at repairing other stone outbuildings for conversion to a further holiday let. In five years' time, Ballacosnahan Farm will assess whether further employment would be needed. There are already a number of people employed for ad hoc busy times and for certain jobs. If all phases are realised then Ballacosnahan Farm will require a farm labourer, employees to run the café and shop, butcher the meat and meat processors. - 7.15 The long term viability of the farm has been thoroughly thought out with regards to short term and long term goals. Phase 1, 2 and 3 have all been completed and involved maintenance and purchasing equipment required to running the farm. Whilst the time scales may be estimates at this time, it is envisaged that Ballacosnahan Farm will become a viable agricultural holding and offer a diverse farming experience creating employment, raising the profile of the Isle of Man and Manx produce in the UK and potentially worldwide and generating a great diverse source of income. Based on the above, it is judged that the agricultural need for the dwelling has been demonstrated and would be vital to the viability and vitality of Ballacosnahan Farm. - 7.16 Housing Policy 8 relates to a condition being attached to any agricultural workers dwelling which limits 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. - 7.17 The directors of Ballacosnahan Farm Ltd, the applicant, are Jane Shepherd and Rawdon Hayne. Rawdon Hayne works full time on the farm and Jane works around 300 days. The remaining time being spent earning an income to fund the farm during its redevelopment. Full time on site presence is required in order to provide adequate animal care and security. - 7.18 The additional supporting information submitted states that Ballacosnahan Farm already employs part time labour to assist with the wool and meat production along with contracted work related to field improvement. As stock increases the extent of work required to be undertaken will require additional labour on the farm and ideally such labour should live on the farm and reference is made to the residing of the applicant and the applicant's daughter residing on the farm. Any future need for additional residential accommodation on the farm would be assessed accordingly. - 7.19 Regarding Housing Policy 9 the siting of the dwelling would be directly adjacent to the farm buildings associated with the farm holding and is well set back from the public highway by over 380 metres and would be accessed via the existing farm lane, all in compliance with the policy. - 7.20 Housing Policy 10 says that where permission is granted for an agricultural dwelling, the dwelling should normally be designed in accordance with policies 1 - 7 of Planning Circular 3/91.
7.21 The proposed dwelling has not been designed in strict accordance with policies 1 - 7 of Planning Circular 3/91. Nonetheless the proposed dwelling does take the form of traditional rural dwellings of one and two storey buildings of simple unadorned form. The proposal juxtaposes single and two storey elements. The palette of materials and colours that have been chosen reflect the natural tones of the countryside and the traditional use of render or white stone finishes of Manx dwellings in the countryside. The use of the naturally weathering timber boarding reflects the heavily wooded nature of the area while the use of Manx stone reinforces the visual tie to the existing farm buildings located within Ballacosnahan Farm. - 7.22 The proposed dwelling would also be insulated beyond the requirements of Building regulations which would also result in reduced energy consumption. In addition to this, heat recovery installations will reclaim heat from expelled warm air, providing heat to the accommodation. - 7.23 It is considered that the dwelling proposed is of innovative modern design which takes traditional rural forms and applies contemporary use of traditional materials and fenestration to provide an appropriate design which will not result in an adverse visual impact upon the Manx countryside. The site is not visible from Patrick Road or from any public thoroughfare given the siting of the site and significant screening within the site and as such the impact of the development on the character of the surrounding area and Manx countryside is considered to be suitably limited.
8.1 The existing farmhouse has lost is residential status by reason of its zero valuation and that it has been condemned. The proposed location for the farmhouse would be sited on the site of a former piggery and would not result in the loss of high class or useful agricultural land and would allow a more successful management of Ballacosnahan Farm as it would not interfere with the farm yard itself.
8.2 It is judged that the dwelling is an integral and essential element in the revitalisation of Ballacosnahan Farm which had been run down by the tenant farmer over a number of years. The revitalisation will ensure that the land can contribute to the Island's self-sufficiency in terms of food production and in the future, potential tourism development. - 8.3 Successful development of Ballacosnahan Farm will bring back into productive farmland which had been neglected for some years, offering the potential for employment opportunities and the continued success of marketing Loaghtan sheep products around the world, with the increase in Manx awareness that this will bring.
9.1 There were concerns raised from DEFA: Forestry, Amenity & Lands Directorate regarding the roosting of bats within the locality. This matter has been addressed under paragraph 6.0 of this report. - 10.0 RECOMMENDATION
10.1 For the reasons set out above, it is concluded that the planning application accords with the provisions set out in Strategic Policy 1, General Policy 3, Environment Policy 1 and 2, Housing Policy 7, 8, 9 and 10 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval.
11.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 the following persons are automatically interested persons:
SUPPLEMENTARY REPORT At the Planning Committee on 21 September, members queries whether the nesting season for birds and maternity period for bats was correct. This lead to the amendment to condition
Recommendation Recommended Decision: Permitted Date of Recommendation:
02.09.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: The site is in an area where new dwellings are not normally approved except where an agricultural need has been established and accepted by the Department.
drawing number Planning 002 to be retained. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Reason: To safeguard the existing trees and planting to be retained within the site.
Reason: To protect the nesting season for birds and maternity periods of bats that are a protected species under Manx law as scheduled in the Manx Wildlife Act 1992.
This approval relates to drawing number Planning 03, 04 and 05 all date stamped as received 1st April 2015 and Planning 01a and Planning 002a date stamped as received 2nd September 2015.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ……PER…… Committee Meeting Date:…21.09.2015 Signed :………J CHANCE…….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO
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