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Application No.: 09/01565/A Applicant: Mr Jeffrey Fargher Proposal: Approval in principle for the erection of a farm workers dwelling Site Address: - Field 432565 - Ballaquaggan Farm - Douglas Road - Ballasalla - Isle Of Man - IM9 3AD ### Considerations Case Officer: Miss S E Corlett Photo Taken: Miss S E Corlett Site Visit: Planning Committee ### Written Representations - Glebe Cottage Maughold Isle Of Man IM7 1AS - Objects to the proposal ### Consultations Consultee: Highways Division Notes: DEFER - drawings provided do not provide information on proposed access to enable the Department to provide a more detailed response. Consultee: Malew Parish Commissioners Notes: do not object. Consultee: Manx Electricity Authority Notes:** see note 1
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE FOR CONSIDERATION AS THERE HAS BEEN A RECENT SERIES OF APPLICATIONS FOR THE PRINCIPLE OF A NEW AGRICULTURAL WORKER'S DWELLING ON THE OTHER SIDE OF DOUGLAS ROAD - AT GLASHEN FARM, ALL OF WHICH WERE CONSIDERED BY THE PLANNING COMMITTEE. AS AN UNJUSTIFIED AGRICULTURAL DWELLING WOULD REPRESENT A DEPARTURE FROM PLANNING POLICY, AND THERE IS A JUDGEMENT TO BE MADE AS TO WHETHER A NEW DWELLING IS JUSTIFIED IN THIS CASE, THE PLANNING COMMITTEE SHOULD CONSIDER THIS APPLICATION RATHER THAN IT BEING CONSIDERED UNDER DELEGATED POWERS.
The site defined in red represents a field to the south east of the A5 Douglas Road between Ballaquaggan Cottage and the entrance to Ballaquaggan Farm. The land associated with the farm is
22 February 2010 09/01565/A Page 1 of 5
identified in blue and stretches from the A5 Douglas Road past the steam railway line to the Santon Burn in the east and the A25 in the north and is approximately 150 acres with a further 250 acres not identified which are rented.
There is a number of dwelling units already on the farm, occupied in some cases by persons not employed in agriculture or on the farm, particularly Holly and Primrose Cottages which were only recently, 2006, approved as a conversion of an existing barn. The land owned/controlled by the applicant as set out in the application includes all of these properties. Ballaquaggan farmhouse is occupied by Mr. and Mrs. Fargher senior (the applicant's parents), Inglewood is occupied by Mrs. Fargher snr's mother, Holly Cottage which is occupied by Mr. and Mrs. Fargher snr's daughter and her family, Primrose Cottage which is occupied by Mr. and Mrs. Fargher snr's son and family - the applicants.
There is a line of roadside conifers which generally screen the farm group from view from the Douglas Road. However, the lower parts of the trees are thinner than the upper parts and some view into the sight is possible, if the passer-by looks more carefully.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as of an Area of High Landscape or Coastal Value and Scenic Significance. On the newly published (23rd October, 2009) draft Southern Area Plan the site lies within a much wider area of "Incised Inland Slopes" and annotated "Ballamodha, Earystane and St. Mark's", encompassing all of these areas. This is described as "a fairly resilient landscape which has accommodated incursions of modern development without severe detriment" (page 40 - Environment Policy 4).
Planning permission was sought for the demolition of the existing farmhouse and erection of a new one and refurbishment of the farm buildings under PA 87/4013. A detailed application for the demolition of the existing dwelling and erection of new farmhouse was refused under PA 88/4398. Permission was refused for the conversion of the barn to three dwellings under PA 95/1615. A machinery store and detached garage was refused on review under PA 05/0399, an agricultural building approved under PA 05/1446, retrospective permission granted for the conversion of the barn to two residential units under PA 05/2042, new windows in the converted barn under PA 06/0348, an extension to the farm building under PA 06/1327, replacement windows approved under PAs 06/1682 and 07/0547.
Now proposed is the principle of a new dwelling to be built on the farm. The site identified in the application is on the western side of the orchard, separated from the main farm group and closer to the road. Supporting information has been provided to describe the farm as generating a need for 2.98 labour units according to Department of Agriculture, Fisheries and Forestry calculations. They describe the farm as accommodating 61 beef cows and 270 other cattle with 190 acres of grass seed, 100 acres of grassland, 100 acres of cereals, 1 acre of main crop potatoes, 9 acres of rough grazing.
The applicant explains that he currently lives in a two bedroomed cottage on the farm, which belongs to his parents. He and his partner have two children - a 7 year old boy and a 5 month old girl. He describes the accommodation at the farm as four properties in total, three of which are two bedroomed and the main farmhouse is three bedroomed. The applicant's parents who live in the main farmhouse as described as "not due for retirement" in the foreseeable future and when they do, the farming will be handed over to the applicant. The applicant currently works on the farm and does some part time agricultural contracting.
The reason for the application is that the applicant's current accommodation is too small and he needs to be on hand to help with farming. REPRESENTATIONS 22 February 2010
A resident of Maughold objects to the application, suggesting that there is already sufficient dwellings on the site Malew Parish Commissioners raise no objection to the application Department of Transport Highways and Traffic Division request a deferral as the plans do not indicate the means of access to the site
Manx Electricity Authority request a condition regarding existing electricity supplies. There is an overhead supply which runs along the hedge to the north of the proposed siting. The Strategic Plan requires at Energy Policy 2 that a corridor of 9m either side of an overhead electricity supply should be maintained for safety reasons.
In pre-application discussions the applicant's agent indicated that the dwelling was required as Mr. Fargher snr wished to retire and hand the running of the farm to his son but to remain living at Ballaquaggan farm house. A response was provided, dated 26th August, 2009 which raised a number of queries, namely why Mr. and Mrs. Fargher snr could not exchange dwellings with the applicant, who would then live in the dwelling which the applicant will vacate if a new dwelling is erected and indicated that placing the new dwelling on the other side of the orchard trees will separate the dwelling from the farm group and may not be acceptable for this reason.
The application siting remains as originally shown, separated from the existing group by a stand of trees and could easily be occupied separately from the existing group. There is no explanation of who will occupy the existing dwelling if a new dwelling is erected and no justification for family members not exchanging residences to better suit each family unit's needs.
The Department of Agriculture, Fisheries and Forestry Agricultural Adviser has provided supplementary information confirming the nature of the farm as described in the application by the applicant, and indicating that the farm would support 2.25 standard labour units and concludes that the principle of a farm dwelling on this farm is justified in agricultural terms.
The agricultural justification, however does not take into full account of the four dwellings which are already available to the farm, nor has the possibility of the dwellings being swapped in terms of their occupation to better suit the occupant's needs, or the potential extension of any of the properties to better suit the needs of the farm. Nor has the future of the present accommodation occupied by the applicant been clarified - if a new dwelling is permitted, the applicant's present accommodation will be vacant.
As such, whilst it is fully accepted that the applicant's need in agricultural terms to reside on the site is justified, it is not accepted that this need manifests itself in support for a new dwelling whilst there are already four dwellings on the site, one of which is already occupied by the applicant. The applicant is strongly recommended to further consider the potential of extending his present accommodation, or re-arranging the occupation of the other dwellings on the site to better suit the needs of the farm.
If the application should be approved, it is considered that whilst the siting is served by the existing farm drive and access, it is visually and physically separated by an existing stand of trees and could easily be sold off or occupied separate from the farm group. If is considered as such that a siting to the east or south of the farm building group would be more immediately associated with the farm and less easily severed therefrom.
If the principle and the siting is considered acceptable, a condition should be attached restricting the new dwelling to a traditionally designed building within Policies 2 - 7 inclusive of Planning Circular 3/91 and also a condition should be attached restricting the occupancy of the new dwelling to a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any
22 February 2010
resident dependants in accordance with Housing Policy 8 of the Strategic Plan. A condition should also be attached restricting the siting to outwith 9m of the existing overhead electricity line.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Manx Electricity Authority raise issues which are relevant planning considerations and as such should be afforded party status in this instance.
DAFF Agricultural Adviser provides information which is relevant to the planning process and should be afforded party status in this instance.
The resident of Maughold is not directly affected by the proposal and as such should not be afforded party status in this instance. Recommendation Recommended Decision: Refused Date of Recommendation: 22.02.2010 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
Whilst it is accepted that there is justification in agricultural terms for the applicant to live on site, there are already four dwellings on the site, one of which is occupied by the applicant, and the full potential for the applicant to live in an existing dwelling on site which is better suited to his and his family's needs or the possibility that his existing dwelling could be extended have not been fully explored. As such the Department is not satisfied that there is agricultural justification for a new dwelling, in compliance with Environment Policy 15 of the Strategic Plan.
In addition to the above, whilst the proposed siting is served by the existing farm access and is well set back from the highway, in accordance with Housing Policy 9 of the Strategic Plan, the siting is also separated from the farm building group by existing trees and could easily be severed from the farm holding at some point in the future. As there are already four dwellings within the farm building group, there is a distinct possibility that the need for the proposed dwelling may at some point become redundant.
22 February 2010
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 :
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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