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Application No.: 06/01877/A Case Officer : Miss S E Corlett ### Consultations {{table:147673}} {{table:147674}} {{table:147675}} ### Planning Applicant: Mr C D Duggan Proposal: Approval in principle for the erection of a farm workers bungalow Site Address: Field No 432308 Ballavell Farm Grenaby Road Ballasalla Isle Of Man **
| PMCS Seacliffe Old Castletown Road Ballaveare | Interest expressed |
The site represents the holding of Ballavell Farm which is situated mainly on the western side of the B41 Grenaby Road and to the south of the Grenaby Road (B40) as it turns towards Ballabeg. The farm accommodates three dwellings - the main farmhouse, a farm dwelling permitted in 1980 which is occupied by the applicant's sister and brother-in-law who assist on the farm when required. A third dwelling was permitted in 1982 which was first occupied by the applicant until his father and mother swapped and moved into the bungalow whilst the applicant moved into the farm house. The applicant's mother still lives in the bungalow at the end of the farm lane as it joins the B41 Grenaby Road.
The farm represents around 237 acres and is run by the applicant and his son who is 19, has left school and is employed full-time on the farm. The applicant has no buildings which are redundant for agricultural purposes.
The site lies within an area of white land on the Isle of Man Planning Scheme (Development Plan) Order 1982 - that is not designated for development.
In the relatively recent past planning permission has been sought and granted for the erection of agricultural buildings - PAs 99/1117 and 04/0522.
Proposed here is the principle of the erection of another farm dwelling for the applicant's son. The siting is located off the farm land in a small triangular field which is not readily used and whose loss would not interfere with the effective running of the farm. Use of this as a private dwelling would inconvenience the operation of the farm as it would share the lane leading from the B41 this is quite a long lane and is well used by tractors and other farm machinery and vehicles and would not be suitable for sharing with traffic which is not associated with the farm. Those properties to the west have their own access to the south onto the A5 highway between Cross Four Ways and Ballabeg.
There is advice from the Director of Agricultural Services which suggests that the farm generates a need for 3 full time farm workers. The farm is run mainly by the applicant and his son, with help from the applicant's wife and sister and brother-in-law. There are certainly no properties which could be purchased in the vicinity by the applicant's son and which would be suitable close to the stock to be suitable. The proposal is supported by the Director of Agricultural Services.
The objections which have been received appear to be on the basis that the proposal is not supported by any information on the running of the farm. This has now been provided (I have sent to the local authority the additional information from the applicant and the report from DAFF). The Society for the Preservation of the Manx Countryside and Environment appear to suggest that the siting is too far from the farm group. I do not accept this, having seen the site, there is no closer site which would be suitable and which could provide access and the dwelling without interfering with the
operation of the farm. The site chosen is a small field which has little agricultural value, unlike the remainder of the land.
The comments of the Department of Transport Highways and Traffic Division may be accommodated by condition.
The Society for the Preservation of the Manx Countryside and Environment and resident of Port Soderick are not directly affected by the applicant and should not be afforded party status in this instance.
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.
Isle of Man Water Authority raise issues relating to conditions relating to the supply of water to the property which is not a material planning concern and as such the Isle of Man Water Authority should not be afforded party status in this instance.
Decision Recommended by the Director of Planning and Building Control: Permitted
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
C 2. This permission relates to the principle of the erection of a farm worker's dwelling in the location shown in the plans received on 30th October, 2006.
C 3. The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including the dependants of such persons as aforesaid.
C 4. The proposed dwelling must be designed as a traditional Manx property incorporating the features and elements of Planning Circular 3/91 Policies 2-7 inclusive.
C 5. The application for reserved matters must demonstrate that car parking is available on site for at least 2 vehicles together with sufficient space in which a vehicle may be turned so that it may enter and leave the site in a forward gear.
C 6. The application for reserved matters must also demonstrate that sight lines of 2m by 18m are available to those emerging from the site onto the farm lane.
N 1. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
Mr. and Mrs. Colin Duggan and their son run the farm with assistance from Mr. Duggan's sister Brenda and her husband Keith and their son Stephen. Keith comes up every day to wash out the parlour after milking and Stephen is Mr. and Mrs. Duggan's relief tractor driver. Both Keith and Stephen are employed full time outside the farm in non-agricultural employment. Brenda works part-time and helps Mrs. Duggan with the farm. They clearly play a critical part in the running of the farm, particularly when Mr. and Mrs. Duggan may want or need time off, but would probably not now fully comply with the agricultural worker's condition which was attached to the approval in 1980 (IDO 51109 (principle) and 51661 (detail)).
At that time the farm (170 acres) was farmed by Mr. Duggie Duggan and his wife and daughter and her fiancé. Since Colin Duggan has assumed his late father's responsibilities and moved into the main farmhouse and his son has taken a full-time interest in helping his father, others have taken a lesser role in the running of the farm.
I doubt very much, if Mr. Duggan's sister and brother-in-law now contravene the occupancy condition that we could or would take enforcement action to have the property made available for Mr. Colin Duggan's son and in any case, the help they give, even although it is part-time would appear to be invaluable to the running of the farm.
Present: Mrs C Christian MLC, Chairman to the Planning Committee Mr E Convery, Member Mr A Crowe, Member *Mr D Evans, Member Mr J Skinner, Member Mr J Slater, Member
In Attendance: Mr I McCauley, Director of Planning and Building Control
Mr C Balmer, Development Control Officer Miss E J Callow, Secretary to the Planning Committee
*Part of the meeting only
The Chairman welcomed members of the public in attendance to view the proceedings.
Mr Evans had sent apologies that he would be late in attending the meeting. He joined the meeting at item 8.
The Committee agreed the minutes and the Chairman signed them off as a true record.
Mrs Christian confirmed that Mr Crowe, as a result of his appointment as an MLC, has formally tendered his resignation to act as a member of the Planning Committee. However, in accordance with Article 3(8) of the Town and Country (Development Procedure) Order 2005, he has agreed to continue as a member until his successor is appointed.
The Committee noted the same.
In Miss Corlett's absence, Mr Sinden again reported to the Committee, identifying the key issues as agricultural need and siting. Having understood that there are already three farm dwellings on the holding, and that this is in fact in accordance with the labour requirement for the farm, the Committee rejected the recommendation to grant approval. The Committee also noted that the siting was away from the farm-group, and directed that the application should be refused on siting grounds also.
The Committee rejected the recommendation of the case officer and the application was refused for the following reasons.
C 1. Since the labour requirement for the farm is three, and there are already on the farm three dwellings, the erection of a further agricultural dwelling is unwarranted; there is thus insufficient agricultural need to off-set the Department's general policies in relation to new houses in the countryside.
C 2. The proposed dwelling would not be sited as part of the existing group of farm buildings, and, as a consequence, would make an undesirable and unwarranted visual impact within the countryside, and would, in the fullness of time, be more easily severed from the farm.
Interested party status was considered by the Committee and agreed as those recommended.
Having noted the planning history, and in particular the recent Appeal decision, and after enquiring about the intended treatment of boundary walling and fencing, the Committee accepted the recommendation to grant approval.
The Committee accepted the recommendation of the case officer and the application was approved subject to the following conditions. C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the submitted documents and drawing AT 887.1 REV 1 all received on 25th January 2007.
C 3. Prior to any works on the proposed dwelling, there must be submitted to and approved by the Planning Authority detailed drawings, showing a suitable scheme for
| Item 21 Field No 432308 Ballavell Farm Grenaby Road Ballasalla PA06/01877/A | Approval in principle for the erection of a farm workers bungalow Applicant: Mr C D Duggan Case Officer: Miss S E Corlett |
| Item 22 Part Field 385, Adjacent Filling Station Main Road Kirk Michael PA06/01889/R | Retention of hardstanding for use for hay bale storage Applicant: Mr A Stephenson Case Officer: Mr Chris Balmer |
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