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The application site forms the curtilage of the land adjacent to Mylvoirrey, Glen Road, Ballaugh, which is located on the western side of the Glen Road, and south of Ballaugh Village.
The site is zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'woodland' not zoned for development; the site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
The application seeks approval in principle for the erection of an agricultural workers dwelling.
Ballaugh Parish Commissioners advise of no objection to the proposal. The Manx Electricity Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Isle of Man Water Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The owners/occupiers of Mona House, Ballaugh Glen, Ballaugh, have objected to the application which can be summarised as: Ballaugh Glen is an area of outstanding scenic value, comprising mature, well established properties; sporadic infilling should be deterred; the infrastructure of Ballaugh Glen Road is not suited to the erection of more dwellings; and lack of drainage facilities.
A resident of Seacliffe, Old Castletown Road, Port Soderick has no objection to the proposal.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
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:
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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
Policy 7: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
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."
Policy 9: "Where permission is granted for an agricultural dwelling, the dwelling must be sited such that;
Mylvoirrey Farm has been operated by the Cleator family for over 20 years, which is a mainly grassland unit extending to approximately 330 acres ( 80 acres owned by the applicant). Currently the herd comprises of a breeding herd of 50 spring calving sucklers, 20 autumn calving sucklers and a number of bought in store cattle. Some of the cattle are out-wintered on rented land, and some are in-wintered at Mylvoirrey. All of the cows are calved inside at the buildings at Mylvoirrey.
The Agricultural Services Division (DAFF) has commented to the application and have calculated that the farm has a labour requirement of 1.48 labour units, and therefore the farms justifies one person engaged full time in agricultural activities.
Currently, the farm has one dwelling, this being Mylvoirrey, which is a detached single storey bungalow, which is located to the north of the application site approximately 40 metres away. This dwelling does not have an agricultural tie attaching it to the farm or to a person currently or retired from agriculture or their dependents. There are three members of the Cleator family who work on the farm, these are Mr Stewart Cleator, Mr Mark Cleator and Mr Steven Cleator (part time) who is the father of Stewart and Mark Cleator. All three members of the family live at Mylvoirrey. Mr Mark Cleator would live at the proposed agricultural workers dwelling.
The attached report from The Agricultural Services Division states that:- "During the calving period, livestock require regular supervision both day and night. It is therefore, convenient and safer in animal welfare terms that the person(s) involved are resident on the farm. In terms of calving cows, residence on the unit ensures someone is available to deal with pre and post partum complications quickly and effectively."
In principle, it is considered if the required justification for an agricultural dwelling is proven, the location and siting would be appropriate, albeit the application at this stage is only an approval in principle and the siting for the new dwelling is only indicative, however, it is realistic to consider that the site could accommodate a dwelling without adversely affecting the street scene or the
neighbouring properties. Additionally, due to its close proximity to the main farm complex (barns), which are directly adjacent to the application site, the siting would be ideal for animal welfare and for the overall farming operation. As indicated, currently the applicant Mr Mark Cleator lives at Mylvoirrey which has no agricultural tie attached to the farm. The proposal will enable Mr Mark Cleator to remain close to the existing farm complex and associated fields nearby.
The proposed access arrangements would also be beneficial for the users of the existing farm as well as the proposed dwelling and will therefore improve highway safety. The alterations to the existing sod hedging and banking are considered acceptable, particularly as the hedging and banking will remain, but will be lowered to a maximum height of 1050 mm .
Regarding the concerns of the objectors that the road infrastructure in the area is inadequate to accommodate an additional dwelling, it is considered that one additional dwelling would not result in a significant amount of traffic being generated, and in fact would probably make no difference to the amount of traffic to the area, as Mr Mark Cleator who would live in the proposed dwelling already lives in the area and therefore would not be travelling to and from the area everyday.
Overall, it is considered that the justification for an agricultural workers dwelling has been adequately proven, and a dwelling in this location would not have a detrimental impact upon the visual amenities of the surrounding countryside or street scene. For these reasons the proposal is considered to be appropriate in this location and the application is therefore recommended for an approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Ballaugh Parish Commissioners Department of Transport Highways Division The owner/occupier Mona House, Ballaugh Glen, Ballaugh
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
The Manx Electricity Authority The Isle of Man Water Authority Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick
Recommended Decision: Permitted
Date of Recommendation: 07.05.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 7 May 2008 08/00208/A
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.
This approval relates to the agricultural workers dwelling as proposed in the submitted documents and drawings 070300 /1 and 00208/1 received on 4th February 2008.
The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was solely in agriculture in the Island and includes the dependants of such persons.
For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 695949
There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.
Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 \& GS6.
Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
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