DEC Officer Report

Application No.: 20/00995/A Applicant: Mr Robert Watterson Proposal: Approval in principle for the erection of an agricultural workers dwelling Site Address: Field 433139 Scarlett Castletown Isle Of Man IM9 1TB Site Visit: 14.10.2020 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.03.2021

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
• C 4. Prior to the occupation of the dwelling the driveway and means of vehicular access identified on "Site Location Plan"; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction. Reason: In the interests of highway safety.
• C 5. Any future Reserved Matters Application is required to include details of appropriate and proportionate ecological mitigation measures such as replacement Manx native planting and the

integration of bird boxes, a tree survey and tree protection plan, which will result in no net loss for biodiversity on site.

Reason: To ensure no net loss for biodiversity on site.

• C 6. Any future Reserved Matters application shall include the following:

• i. Parking Provision in accordance with the adopted standard
• ii. Turning Area
• iii. Frontage footway.
• iv. Bicycle parking Reason: In the interests of highway safety.

• C 7. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependants.

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.

This approval relates to drawings referenced; Site location Plan and Site Plan date stamped received on 10.02.21 and supporting information date stamped received on 26 August 2020. _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report

1.0 THE SITE - 1.1 The application site identified in red forms the part of an agricultural field (field435252 - 2.87 acres) adjacent to the existing farm buildings to the west of the proposed siting. The land is associated with Scarlett Farm, Castletown which is an agricultural holding of 220 acres (194 owned and 26 leased). The site is accessed from the Highway of Scarlett Road which connects onto a farm track which initially serves the property "Sea Mount" at its junction and continues west for 230m where field 43319 is located to the west and the main farm buildings and existing farm house a further 230m along the farm tack.

2.0 THE PROPOSAL - 2.1 Proposed is for the 'approval in principle' for the erection of an agricultural workers dwelling to address the siting and mean of access. - 2.2 The application is supported by an agricultural planning statement which outlines the extent of the farming enterprise with a holding of 220 acres, of which 34 acres are cropped annually with cereals and the remained in grass to support the cattle and sheep grazing. The family farming business is centred around the rearing of prime beef cattle and prime lab. At present there are approx. 70 suckler cows, with 70 calves at foot, 1o bull heifers, 26 beef cattle for finishing and 3 stock bulls. Also are 230 breeding ewes, 10 tups and 2 teaser rams. - 2.3 The objective to ensure the farm is financially viable is to grow the business to produce 90 suckler cows finishing all calves which along with an 300 breeding ewes (plus 12 Rams) increasing

• the labour unit to 2.85 standard labour units. A strong emphasis is placed on the proposed dwelling as a key part of the succession of the farming business.
• 2.4 The statement also explains how the applicant currently works full time off farm assisting when he can at the end of each day, weekends, holidays and how his employment on site for the succession of farming is essential. The report highlights the need for the farming business currently generates a labour demand of 2.00 standard labour units. Under the Department's (DEFA's) Agricultural Development Scheme and Red Tractor Farm Assurance, which this farm is part of, there is a requirement that animal health and welfare is not compromised. Residing on the farm / site is an essential part of the farm operations and a key part of this is present to observe stick animals and their management, handling and wellbeing as well as security of the livestock and the associated medicines, fuels and machinery on site.
• 2.5 The current buildings on site vary and are all fully utilised, extending the existing house would change its character and it does not have an agricultural workers condition. Their agent has carried out a brief assessment of the properties in the locality of Castletown which has produced prices varying from £210k for a 1 bed apartment to £450k for a 2 bed town house, which are out of the scope of affordability and would deprive the capital from being invested in the farm. The construction of a dwelling on site would help with the cash flow.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area defined as undulating lowland Plain Ref E10 on the landscape constraints plan on the Area plan for the South. - 3.2 Within the written statement for the area plan for the south; Poyll Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense

of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area. Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon.

3.4 Landscape Proposal 3: Built development should extend no further to the south west towards the Scarlett Peninsula than that already permitted at Knock Rushen, and no further east towards Derbyhaven than the existing terrace of houses on the Promenade adjoining the grounds of King William's College. - 3.5 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.6 Spatial Policy 5 New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3 - 3.7 General Policy 3 (in part) Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); - 3.8 Environment Policy 1 The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 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 over-riding 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.
• 3.9 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.
• 3.10 Housing Policy 7 New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.
• 3.11 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.
• 3.12 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.
• 3.13 Housing Policy 10 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.
• 3.14 Transport Policy 4 The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
• 3.15 Transport Policy 7 The Department will require that in all new development, parking provision must be in

accordance with the Department's current standards. (Appendix 7)- Residential; 2 spaces per unit)

4.0 PLANNING HISTORY - 4.1 The application site has not been the subject of any previous planning applications, however the wider farm gain planning consent; - 4.2 13/00034/B - Erection of an agricultural building ; Field 433122, Scarlett Farm - Approved.

5.0 REPRESENTATIONS - 5.1 Malew Commissioners have no objection (07/10/20)

5.2 Highways Services have commented (23/09/20) who do not object subject to a condition being included for highway access, parking, charging points and bicycle storage being included, if recommended for approval. The commentary provided states; a passing place should be considered along the access road, no means of access are shown into the site and are necessary, two parking spaces to be provided, under Manual for Manx roads, garage should be a minimum of 6m x 3m and a door width of 2.4m to count as parking. Electric vehicle charging point should be included and secure storage for bicycles. - 5.3 The Society for the Preservation of the Manx Countryside and the Environment commented (23/02/21) acknowledges the siting and positioning adjacent to the farm complex, any design for reserved matters should be traditional shape and shaped windows, no picture windows or gables with glazing in the tympanum of gables.

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are the;

• (i) Essential need for the agricultural building (SP5, GP3(f), HP7, HP8)
• (ii) Visual impact on the surrounding area, (EP1)
• (iii) Siting of the proposed (HP9, HP10, EP15)
• (Iv) Highway safety (TP4 & TP7)

• (i) Essential need

6.2 The starting point here is Strategic Policy 5 for development in the countryside is only permitted if an exception meets, in this case, General Policy 3 paragraph (a) which allows for an essential housing for agricultural workers who have to love close to their place of work. The applicant has provided details to confirm that they own and work the land of Scarlett Farm, Castletown and the 220 acres of land. The applicant's continue to farm the land but are now of an age where they are choosing to step back from the running of the farm and support their son with their farming career. The parents will continue to reside on the farm and retract from the day to day farming duties but will continue to support their farming career. This will allow for succession planning for the next generation from father to son. - 6.3 The farm is an established one and as such, the future expansion and management of the farm relies upon having appropriate staff on hand within the farm. The farm is situated to the south west edge of Castletown and the residential areas where there are many existing properties, some of which are currently available to buy. The Strategic Plan makes it clear that the first consideration should be for the farmer to live in the nearest town or village, the applicants have researched into seeking affordable accommodation around the farm but has been futile given the rising costs of properties in Castletown and current market conditions. A further consideration is the fact that the cost implications of acquiring these properties would be completely out of any farm workers budget.

• As such, the applicant has concluded that the finance that would be required to purchase these properties would be better directed to the farm itself and the saving between purchasing an existing house compared with building their own property. Added to this, a presence on-site would provide more efficient care of the animals and better management of the farm operations.

6.4 From the supporting information the applicant clearly owns a moderate farming enterprise as noted in paragraph 2.0 of this report. The son for whom the dwelling would be for, currently works full time elsewhere (at the time of the application) and helps out part time on the farm at the end of the day, weekends and holidays and currently lives offsite with his long term partner. - 6.5 The principle for the creation of a separate unit of accommodation on an existing active farm would be acceptable from the information supplied on the level and scale of the farming business irrespective whom the intended occupant is to be. Housing Policy 8 ensures any new agricultural dwelling is restricted through a condition that the occupation to a person engaged or last engaged solely in agriculture. As the applicant is not currently a full time farm worker any approval could not be undertaken until such time as they were employed full time without being in breach of the planning condition. The need for additional labour on site has been justified and on balance the

principle of a separate unit of accommodation could be viewed as being in accordance with Spatial Policy 5, General Policy 3(f) and Housing Policy 7 and its occupancy condition through housing policy 8. Whether the applicants' son can meet this is a separate matter.

• (ii) Visual impact

6.6 The character of the area here is one of an open field but the location of the proposed buildings would be to the east of the main farm buildings and existing farm house. Within this context and given the undulating topography the field / site is not readily visible from the highway as the land raises from the highway and naturally falls into a valley, naturally screening most of the lower proportions of the existing farm house and its agricultural buildings but nonetheless the roofs and grain silos can be seen above the hedgerows lining the farm track and boundary wall of Scarlett Road. A building in this location (if appropriately designed in accordance with policies 1- 7 of planning circular 3/91) would be read within the same context as the existing building configuration and would not adversely affect this part of the countryside that seeks protecting and would be compliant with EP1.

• (iii) Siting of the proposal

6.7 The preference on any site is initially the reuse of the original outbuildings with some conversion and adaption of the building in accordance with Housing Policy 12 & 13. As this is not possible due to the buildings being fully utilised, in this instance (Approval in principle) EP15 carries more weight and where there is sufficient agricultural justification for a new building, this building is sited as is practically possible to the existing building groups. HP9 echoes Ep15 for the siting immediately adjoining the main group of farm buildings; is set well back from the highway and is approached via the same access. The proposed location of the dwellinghouse adjacent to the existing farm building group in this rural landscape would be acceptable for siting without being in conflict with the operational activity of the farm but immediately adjacent to enable the occupants to be close on hand, this aspect would satisfy part of Ep15. Being adjacent to the main farm group, and set back from the highway utilising the existing farm access, ensures the proposal meets the criteria for HP9. HP10 will be addressed through the reserved matters where the design of any farm dwellinghouse is reflected through planning circular 3/91. - 6.8 It would be appropriate for any approval to apply an agricultural workers condition restricting the occupation to persons engaged or lastly engaged solely in agriculture to ensure compliance with HP8.

• (iv) Highway Safety

6.9 As noted in the earlier sections of the report, there would be no changes to the existing site access which has good visibility, although it is noted that traffic along this section of the road is limited and mainly cantered on agricultural deliveries and operations which is considerable low. Highways Services do not object subject to conditions noted in para. 5.2 being attached to any approval, as such the means of access provisions would be suitable for the proposed development in accordance with TP 4 and 7.

7.0 CONCLUSION - 7.1 This application is recommended for approval, as the chosen location for siting would not materially harm this part of the countryside or the wider protected rural environment and would accord with Gp3(f), EP1, EP15, HP7,8,910, TP4&7.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;

• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

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 : Refused Committee Meeting Date: 15.03.2021

Signed : J SINGLETON 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 See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

Planning Committee Decision 15.03.2021

Application No. : 20/00995/A Applicant : Mr Robert Watterson Proposal : Approval in principle for the erection of an agricultural workers

dwelling

Site Address : Field 433139 Scarlett Castletown Isle Of Man IM9 1TB Senior Planning Officer Mr Jason Singleton Reporting Officer As above Addendum to the Officer’s Report

• At the committee meeting of the 15th March 2021, the planning committee voted to OVERTURN the officers recommendation and refused the application for the following reasons;

• R.1 There is insufficient agricultural justification for the siting of a dwelling to outweigh the presumption against development here or which seeks to over-ride the level of harm to the character and appearance of the countryside, as such the proposed development fails to comply with General Policy 3a and Housing Policy 7 of The Isle of Man Strategic Plan which aim at protecting the countryside for its own sake.
• R.2 The siting of the building is in an isolated location which would result in any dwelling appearing visually intrusive within the landscape which would be contrary to Environment Policy 1, Housing Policy 9 and Environment Policy 15 of The Isle of Man Strategic Plan.

Reason for Refusal

• R 1. There is insufficient agricultural justification for the siting of a dwelling to outweigh the presumption against development here or which seeks to over-ride the level of harm to the character and appearance of the countryside, as such the proposed development fails to comply with General Policy 3a and Housing Policy 7 of The Isle of Man Strategic Plan which aim at protecting the countryside for its own sake.
• R 2. The siting of the building is in an isolated location which would result in any dwelling appearing visually intrusive within the landscape which would be contrary to Environment Policy 1, Housing Policy 9 and Environment Policy 15 of The Isle of Man Strategic Plan.

This approval relates to drawings referenced; Site location Plan and Site Plan date stamped received on 10.02.21 and supporting information date stamped received on 26 August 2020.