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Application No.: 15/00874/B Applicant: Mr Maurice & Mrs Pauline Coole Proposal: Erection of a detached agricultural workers dwelling with associated drainage, driveway and retaining wall Site Address: Field 425058 Off B39 Road Ronague Castletown Isle Of Man Case Officer : Miss S E Corlett Photo Taken: 19.08.2015 Site Visit: 19.08.2015 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is part of a field which represents the land farmed by the applicants, Mr. and Mrs. Coole whose farm is Ballaquinney Farm, located to the east of Ronague junction. The application site is an area approximately 45m by 40m at its longest and widest and which sits on the eastern side of the Corlea Road which leads from Ronague Chapel to the Cringle reservoir and ultimately the Ballamoda Road. To the south of the site is Balllaquinney Cottage and to the north is another dwelling, Little Fields. Ballaquinney Cottage is an old property which appears on the 1867 County Series map which has had an unfortunate flat roofed rear extension in the past. Little Fields is a modern bungalow built in the 1980s and approved personal to that applicant and subject to a condition which required that the property continue to be associated with the farmland indicated in the submitted plans which was not the same as that which is associated with the current application. - 1.2 The site has an existing gated access onto the Corlea Road. This will be used to give access to the proposed dwelling. The road side boundary is formed by a Manx sod hedge with various fuchsia, hawthorn and sycamores growing out of it. The vegetation becomes taller and more dense towards the junction with the farm lane and the A27 Ronague Road. - 1.3 Access to the farmyard is via a farm lane which runs north from the Ronague Road. This is not owned by the applicants but they have a right of way over it. Another lane leads from the access to Thie My Chree, a dwelling which sits to the north of the farm and to the east of the junction of the Corlea Road with the Ronague Road. This is a farm lane which currently shows little evidence of having been used. There is currently a sign on the gate leading from the Thie my Chree access to the farm which states: Keep out - intended for people who have been using this as a green lane, by motorcyclists and horse riders, despite it not being a right of way or footpath. The lane from this to the Corlea Road is also not owned by the applicants but they have a right of way over it. THE PROPOSAL
2.1 Proposed is the erection of a dwelling which is proposed for agricultural occupancy. Following concerns raised by the Planning Office in respect of the appearance and design of the property, the plans were amended. What is now proposed is single storey and has a main core of 20.3m by 7.7m
3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as open space and not designated for a particular purpose. The Constraints Map accompanying the Plan identifies the route of high tension overhead electricity lines which run across the corner of the site.
3.2 The site also lies within an area of Incised Slopes on the draft Landscape Character Appraisal. The Area Plan for the South adopted in 2013 states the following in respect of this area:
Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.20 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Undulating Lowland Plain Landscape Area: E9 (Bay-ny-Carrickey), A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), F8 (Poyll Vaaish and Scarlett Peninsula)
3.3 None of the specific landscape policies are applicable to this site. - 3.4 The Strategic Plan contains a number of policies which presume against development in the countryside as a general principle - Environment Policy 1 and General Policy 1. Within General Policy 3 there is a provision for development which is justified in agricultural terms and Environment Policy 15 and Housing Policies 6-10 give further information on this:
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."
Housing policy 7 states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
4.1 Planning approval was sought by the applicants for an agricultural worker's dwelling under PA 06/01843/A which was to be sited in the same field as is the current proposal. The justification for that application was similar - that the applicants wished to build an agriculturally tied property on land for which the ownership and access were in their ownership and control, unlike sites closer to the farm group. The inspector accepted that there was an agricultural need for an additional dwelling to serve the farm but did not accept that the siting was acceptable. Whilst the Director of Agricultural Services suggested that the siting would be useful in being more accessible to the rest of the farmland, the inspector considered that this benefit was marginal considering the travel time from the main group of buildings. He considered that as the applicant had a right of access over the accesses into the farm, this was sufficient to serve a new dwelling even though they did not own it.
4.2 The position is now still the same, other than the fact that the applicant's health now justifies more urgently accommodation suited to their needs. There does not appear to be any other reason to support the location of the site other than the ownership and condition of the farm lane. REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that they do not oppose the application subject to visibility splays of 2.4 x 36 metres being provided over land within the ownership of the applicant and nothing being planted or erected within the splays which may exceed 1.05 metres in height (14.08.15).
5.2 Arbory Parish Commissioner indicate that they have no comment (21.08.15). ASSESSMENT 6.1 It is fully accepted that there is agricultural need for another dwelling to serve this farmholding. The issue is the location of the dwelling. The applicants' desire to build a house which is served by accesses that they own and control is perfectly understandable, as it was in 2006 when the earlier application was considered. However, the previous application was refused as the inspector and Minister were not satisfied that there was justification for a siting so far from the farm group. The policy guidance is clear in that new farm buildings should be located close to the other farm buildings and both EP15 and HP9 refer to this, EP15 saying that "only in exceptional circumstances will new buildings will buildings be permitted in exposed or isolated areas or close to public highways" and HP9 stating that it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, is well set back from any public highway, and approached via the existing farm access. What is proposed complies with none of these.
6.2 The reason for requesting this form of siting is twofold - firstly to reduce the visual impact of the new building, and secondly to reduce the likelihood that in the future the dwelling will be severed from the farm.
6.3 Given the previous decision, it is recommended that the application does not comply with the Department's guidance on the location of new farm buildings, would be more publicly visible and as such should be refused. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Refused
Date of Recommendation: 20.10.2015
R 1. The Strategic Plan requires that new agricultural dwellings are built as close as is practicable to existing building groups and only in exceptional circumstances will be approved in isolated positions or close to public highways (Environment Policy 15) and should be within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, well set back from any public highway, and approached via the existing farm access (Housing Policy 9). The proposed siting does not comply with these policies and would be far more publicly visible than would be a site within the farm group and would be more easily severable from the farm. As such the application fails to comply with EP15 and HP9 of the Strategic Plan.
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 : ……REF…….. Committee Meeting Date:…02.11.2015
Signed :………S CORLETT………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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