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Application No.: 09/01969/A Applicant: Mr John Maddrell Proposal: Approval in principle for erection of an agricultural worker's dwelling Site Address: - Balla Ny Baa - Blue Point Road - The Lhen - Ramsey - Isle Of Man --- ### Considerations Case Officer: Mr Chris Balmer Photo Taken: Mr Chris Balmer Site Visit: Delegation Expected Decision Level: Delegation --- ### Written Representations - Glebe Cottage Kirk Maughold Isle Of Man | Interest expressed - Cor Vahlyer Lhen Bridge The Lhen Ramsey | Objects to the proposal - Ballakell House Farm Smeale Andreas Isle Of Man | Interest expressed --- ### Consultations - Consultee: Advisory Division - Mr Kneale Notes: - Comment: 09.04.10 - Comments received - Consultee: Highways Division Notes: - Objection - visibility splays of 2 x 150 metres cannot be achieved for this proposed dwelling. This is a de-restricted A road. - Consultee: Andreas Parish Commissioners Notes:** - No objections thereto. ---
The site represents the curtilage of Balla Ny Baa, Blue Point Cross Roads, The Lhen, Ramsey, located on the northern side of the Blue Point Cross Road and northwest of Andreas Village.
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PROPOSAL
The proposal seeks approval for the approval in principle for erection of an agricultural worker's dwelling. The application has indicated three possible locations for the dwelling. Sites 'A' and 'B' are located adjacent to the public highway and south of the existing barn. Site 'C' is located to the North of the existing barn.
Mr John Maddrell the applicant current farms the application site which he owns as well as leased land at 'Kerroogarroo Farm' which includes a Manx traditional farmhouse where he current resides.
The applicant has indicated that he hopes to retire in the near future (64 years old) and proposes that his Daughter Miss Alison Maddrell would move into the main farmhouse and take over the lease. Alternatively, a second worker would take over instead of his Daughter. The lease has 4 years remaining of a 10 year lease.
This would enable Mr Maddrell to continue farming on a part time basis and enable him to assist his daughter to take full control of the farming enterprise.
The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:-
General Policy 3: "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 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
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Environment Policy 15:
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 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
"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."
"Housing Policy 9: Where permission is granted for an agricultural dwelling, the dwelling must be sited such that: (a) it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, (b) it is well set back from any public highway, and (c) it is approached via the existing farm access." PLANNING HISTORY There following planning application is considered relevant in the assessment and determination of this application:- Erection of agricultural building - 96/01818/B - APPROVED REPRESENTATIONS
Andreas Parish Commissioners:
"No objection"
The Department of Transport Highway Division have objected on the following grounds:-
"visibility splays of 2 x 150 metres cannot be achieved for this proposed dwelling. This is a de-restricted A road."
The owners/occupiers of Glebe Cottage Kirk Maughold, have objected to the application which can be summarised as: drawings are inadequate; and a scarcity as to what dwellings are available at present on the holding.
The owner/occupier of Ballakell House, Smeale, has objected to the application which can be summarised as: number of houses have been erected along the A10 giving the impression of urban creep; any dwelling should utilise the existing access, given the narrow nature of the adjacent Blue
Point Road which is inappropriate for a access; option A is unacceptable as it would introduce a developed view from the road and would crowd the crossroads; If approved option C should be single storey as a two storey property would lead to overlooking and be visually intrusive; and question the proposal would be a agricultural workers dwelling and that it meets the guidelines for new dwellings in the countryside.
The owner/occupier of Cor Vahlyer, Lhen Bridge, Kirk Andreas, has objected to the application which can be summarised as; new agricultural policies would need to comply with relevant policies; and if proposal is acceptable what impact could that have on other people with small holdings.
The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 paragraph A of the Isle of Man Strategic Plan. 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 dwellings which are essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10).
As indicated previously the proposal would provide an agricultural dwelling for a retired farmer, who would vacate an existing farm house for either his daughter or a second worker.
To prove the justification of the farm holding the Authority asked the Department of the Environment, Food and Agricultural (DEFA) to comment on the proposal. The Agricultural Adviser commented that the business involved 150 acres (81 owned the remainder rented) approximately 44 acres are cropped with the remaining in grass.
Stocking includes 50 dairy cows, 5 suckler cows, 20 in calf dairy heifers, plus 42 younger dairy calves.
As a result the farm enterprise has labour requirements of 1.63 standard labour units.
The leased farm holding 'Kerroogarroo Farm' is currently where Mr Maddrell resides along with the main milking herd. The young stock is predominantly kept at the land at Balla Ny Baa (application site) where heifers calve before returning to the main farmstead to enter the milking herd. The existing agricultural barn at Balla Ny Baa is utilised to house the young stock through the worst winter months.
For valid commercial reasons the dairy cows calve all year round. As a result there is an increase in workload and level of observation required, above the expected if all cows were calving in one period.
Currently the staff consists of Mr Maddrell and a relief milker who carries out 4 milking's per week.
The Adviser indicates that the proposed dwelling will allow for improved management of stock at the site and for increase observation of the calving heifers.
The Advisors conclusions are:-
"Based on these comments, the erection in principle of an agricultural worker's dwelling, Balla Ny Baa, Blue Point Road, The Lhen has some merit for the continuation of the viable farming operations subject to the farm holding remaining of at least its current size and scale."
The would appear to be a need and the Strategic Plan does indicate that there is scope 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.
The main concern is that there is no guarantee that the daughter or second person would/could undertake a new 10 year lease term and therefore implement the plan of the applicant of partially retiring to help in the running of the current farm holding.
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A situation may occur, that the application be approved and a dwelling erected at Balla Ny Baa, and then the applicant daughter may not take the lease up or the applicant may not find a second person who wishes to take up the lease. This would result in the proposed dwelling with a small farm holding. Furthermore the applicant could decide to retire and could still be able to live at the dwelling given the condition attached to any agricultural workers dwelling reads;" a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants."
For this reason, it is critical that for any agricultural building within the countryside there is significant justification and the need is essential for the farm business.
Whilst the overall farm holding currently has a labour unit of 1.63, it is considered the majority of the farm operation is at 'Kerroogarroo Farm' and without this farm, the overall farm labour unit would be reduced significantly.
It should also be indicated that to travel between sites takes approximately 10 minutes by vehicles (approximately 4.5 km). Between the two sites is Andreas Village which has a number of available properties available for rent or sale. No information has been submitted why the applicant could not move out of the farmhouse and live in the village which would be a central location between the two sites and still advise.
For these reasons it is considered the justification indicated is not sufficient in terms of the medium to long security of the overall farm holding.
The Highway Division have also objected to the application as the proposal cannot achieve the required visibility splays of 2 x 150 given the road is a de-restricted A-road.
All three sites would use the existing access onto the Coast Road. Whilst no drawings have been submitted indicating the visibility splays, it is clear from visiting the site, the layout of the road and studying the plans, the existing access cannot achieve the required splays as indicated by the Highway Division.
Whilst the existing entrance is in place, it is not a reason to further allow development, which could result in greater level of traffic coming and going from the inadequate access. Permitting the application would lead to an adverse impact upon highway safety.
RECOMMENDATION
Overall, it is considered that the justification for the agricultural dwelling has been inadequately demonstrated and that there are no exceptional circumstances for the dwelling on this site. The proposal therefore contravenes General Policy 3 and specifically Housing Policy 7 and Environmental Policy 15 of the Isle of Man Strategic Plan. Furthermore the proposed access to be use is inadequate to provide the required visibility, to the detriment of highway safety. For these reasons the proposal is considered to be inappropriate in this location and the application is therefore recommended for a refusal.
It is considered that the following parties meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
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The owners/occupiers of Glebe Cottage Kirk Maughold
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Refused Date of Recommendation: 26.08.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. It is considered that the justification for an agricultural dwelling on this site has not been adequately proven and that there are no exceptional circumstances to override planning policy, especially as the justification indicated relies on the continuation of the lease of 'Kerroogarroo Farm' by a third party which cannot be guaranteed; therefore the proposal is contrary to General Policy 3 and Housing Policy 7 of the Isle of Man Strategic Plan.
R 2. As the access onto the A10 is a de-restricted A road visibility splays of 2 x 150 metres are required. It is considered these splays cannot be achieved for this proposed dwelling and therefore such development would have an adverse impact upon highway safety in this area.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control.
Decision Made : Refused Date : 27/10/10
Signed : ______________________________ M. I. McCauley Director of Planning and Building Control ______________________________ Senate Chance Senate Planning Office
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