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| Application No.: | 14/00032/REM |
| Applicant: | Mr Stuart Christian |
| Proposal: | Reserved Matters Application for erection of an agricultural worker's dwelling |
| Site Address: | Part Field 220846 |
| Seafield Farm | |
| Bollyń Road | |
| Ballaugh | |
| Isle Of Man |
THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR CONSIDERATION AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.
1.0 THE APPLICATION SITE 1.1 The application site comprises a parcel of land in the south western corner of field no. 220846, adjacent to Seafield Farm, on the western side of Bollyn Road in Ballaugh.
2.0 THE PROPOSAL 2.1 The planning approval seeks Reserved Matters Application for erection of an agricultural worker's dwelling. 2.2 The proposed dwelling would be a two bedroomed single storey property having a maximum width of 15.8 metres, a depth of 16 metres (including front porch and rear sun room) and a ridge height of 6.2 metres. The elevation treatment would be painted render and the roof would be finished with a dark natural slate.
3.0 PLANNING HISTORY 3.1 The application site and surrounding land has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application: 3.2 Planning application 13/00075/A sought Approval in Principle for the erection of a farm worker's dwelling. This application was refused under delegated powers by the Planning Authority on 8th March 2013; an appeal was made, which was heard at inquiry, and following which the independent Planning Inspector recommended the appeal be dismissed. The application was subsequently approved by the Minister on 17th June 2013. 3.3 Planning application 07/01945/R sought planning approval for the resiting of an agricultural worker's dwelling as approved under 06/02199/B. This previous planning application was approved on 14th January 2008. This planning approval was implemented and is the existing dwelling shown on drawing no. 684-01.
| Case Officer: | Mr Chris Balmer |
| Photo Taken: | 21.01.2014 |
| Site Visit: | 21.01.2014 |
| Expected Decision Level: | Planning Committee |
3.4 There were a number of applications submitted for agricultural dwellings on Seafield Farm prior to the adoption of the Strategic Plan, the most recent of which (PA 06/02199/B) was approved. PAs 95/01248/B, 04/00443/A and 06/00419/A were all refused; the 1995 application sought Full Approval for a pair of semi-detached dwellings whereas the former two applications each sought Approval in Principle for a single agricultural dwelling.
3.5 Earlier applications for a pair of semi-detached agricultural dwellings in 1991 (91/00979/B) and 1988 (88/01448/A) were also refused.
4.1 In terms of land use designation the application site is not designated for any site specific purpose but is located within a wider area of land classified as being of high landscape or coastal value and scenic significance under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:
4.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 Environment Policy 2 states: "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:
4.5 Environment Policy 15 states: "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."
4.6 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
4.7 Housing Policy 7 states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
4.8 Housing Policy 8 states: "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."
4.9 Housing Policy 9 states: "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."
4.10 Housing Policy 10 states: "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."
5.0 REPRESENTATIONS 5.1 Ballaugh Parish Commissioners have no objection.
5.2 The Department of Infrastructure Highways Division (as it then was) do not oppose the planning application subject to vegetation and walls within visibility splays to be 1.05 metres or below and visibility splays of metres are required.
6.0 ASSESSMENT 6.1 Given the principle of an agricultural worker's dwelling on this site has been established, this application only deals with the details of siting, design, external appearance of the dwelling, internal layout, means of access and landscaping of the site.
6.2 The site initially shown on the submitted plans was larger than the site approved under the approval in principle application (13/00075). Subsequently the plan has been amended to reflect the "in Principle" site plan, and was circulated to interested parties. As indicated within Housing Policy 9 the dwelling must be sited: (a) within or immediately
adjoining the main group of farm buildings or a group of farm buildings associated with that farm, (b) set back from any public highway, and (c) approached via the existing farm access. The proposal would comply with each of these three requirements.
6.3 In relation to the design, the dwelling in terms of proportion and form is similar to a Manx traditional single storey cottage and therefore from this respect the proposal complies with Planning Circular 3/91. Again the main elevation which would be publicly viewable would be the front elevation which faces towards the Bollyn Road. This elevation is very traditional and appears as a single storey Manx cottage. To the rear elevation the proportion and form of the dwelling again is traditional; however, the projecting rear breakfast/dining room window fenestration is more contemporary in design with large expanses of glazing and bi-folding doors. The remaining of the rear elevation and side elevations are traditional in design. The Commissioners initially raised a concern that the design of the dwelling is 'too elaborate' for an agricultural worker. Planning policy does not require the design of a dwelling to be based on who would occupy the dwelling. Arguably, the rear and the side elevations of the breakfast/dining room are not in strict accordance with Planning Circular 3/91; however, the Planning Authority has generally approved similar designed extensions (more contemporary window fenestrations) to existing traditional dwellings within the countryside, similar to what is proposed now.
6.4 The proposal will be apparent from distant views along the Bollyn Road, albeit the topography of the land and roadside boundary treatments (sod banking with gorse above) will reduce the appearance. The proposed dwelling will be read as part of the main farm holding and not as isolated dwelling in the countryside.
6.5 Overall, it is considered the proportion, form, design and finish would comply with Planning Circular 3/91 and would be an appropriate to the visual amenities of the countryside.
6.6 In relation to the access of the site the Highways Division (as it then was) requires visibility splays of metres in both directions along the farm lane. This can be achieved without significantly affecting the visual amenities of the area. The submission also provides two off road parking spaces and turning provisions within the site. Accordingly, the proposal would comply with the planning standards of the Strategic Plan.
6.7 The internal layout provides two bedrooms, a small office, sitting room, kitchen, bathroom, breakfast/dining room and a boot room. The proposal would provide 183 square metres (measured externally) of accommodation which is a reasonably sized property. However, the Strategic Plan does not restrict agricultural workers' dwellings in terms of size. However, it is considered a two bedroom property of this size is not unreasonable.
6.8 In relation to landscaping, the application shows some details of planting along the boundaries of the site. A landscaping condition should be attached which requires a detailed landscaping plan to be submitted to, and approved in writing by, the Planning Authority.
7.0 RECOMMENDATION 7.1 For these reasons the proposals is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.
8.0 PARTY STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommended Decision: Permitted
Date of Recommendation: 01.07.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.
All hard and soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development.
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 Planning Authority.
C 4.
Prior to the occupation of the dwelling visibility delays of metres are required to be provided from the access to the dwelling onto the farm lane and retained thereafter.
Reason: In the interests of highway safety and to ensure safe access to and from the application site.
This approval relates to the submitted documents, all received on 13th January 2014, and the submitted plan 684-05H, received on 23rd May 2014.
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: _______________ Committee Meeting Date: 21/7/14
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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