Officer Planning Report

Officer's Report

Application No.:	13/00075/A
Applicant:	Mr Stuart Christian
Proposal:	Approval in principle for erection of a farm worker's dwelling
Site Address:	Part Of Field 220846 Seafield Farm Bollywood Ballaugh Isle Of Man
Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

The Application Site

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.

The Proposal

1. The planning approval seeks approval in principle for the erection of a farm workers dwelling within the application site. Access to the site would be via the existing farm track that joins onto Bollyn Road.

Planning History

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:

1. Planning application 07/01945/R sought planning approval for the resiting of an agricultural workers dwelling as approved under 06/02199/B. This previous planning application was approved on the 14th January 2008. This planning approval was implemented and is the existing dwelling shown on drawing no. 684-01. This previous planning approval relates to land within the control or ownership of the applicant for the current planning application.

1. Planning application 06/02199/B sought planning approval for the erection of an agricultural dwelling. This previous planning application was approved on the 22nd March 2007. This planning approval was not implemented. This previous planning approval relates to land within the control or ownership of the applicant for the current planning application.

1. Planning application 06/00419/A sought approval in principle for the erection of an agricultural workers dwelling (resubmission of 04/00443). This previous planning application was refused on the 1st September 2006. This previous planning approval relates to land within the control or ownership of the applicant for the current planning application.

1. Planning application 04/00443/A sought approval in principle for the erection of an agricultural dwelling on one of two sites. This previous planning application was refused on the 13th July 2004. This previous planning approval relates to land within the control or ownership of the applicant for the current planning application.

1. Planning application 95/01248/B sought planning approval for the erection of two semi-detached agricultural dwellings. This previous planning application was refused on the 8th February 1996. This planning approval was implemented. Whilst the land associated to the previous planning

application was used to justify that proposed development it is not within the ownership or control of the applicant for the current planning application.

1. Planning application 91/00979/B sought planning approval for the construction of two semidetached agricultural dwellings. This previous planning application was approved on the 23rd October 1991. This planning approval was not implemented. Whilst the land associated to the previous planning application was used to justify that proposed development it is not within the ownership or control of the applicant for the current planning application.
2. Planning application 88/01448/A sought approval in principle to erect a pair of semi-detached dwellings. This previous planning application was approved on the 15th April 1989. This planning approval was not implemented. Whilst the land associated to the previous planning application was used to justify that proposed development it is not within the ownership or control of the applicant for the current planning application.

Planning Policy

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.
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:
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:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." 14. 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:
• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential." 15. 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."

1. 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." 17. Housing Policy 7 states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated." 18. 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." 19. 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." 20. 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." 21. Paragraphs 8.9.2 and 8.9.3 of the Isle of Man Strategic Plan 2007 specifically refer to the assessment of agricultural need. 22. Paragraph 8.9.2 states: "Agricultural need should be established having regard to:
• (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and
• (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm." 23. Paragraph 8.9.3 states: "In judging whether the need is sufficient to over-ride other policies, particular regard will be had to:-
• (a) the previous or proposed severance of land and buildings;

• (b) the agricultural justification for sub-division of a farm;
• (c) the long-term viability of new or unproven agricultural enterprises such as smallholdings, market gardens, or horticulture;
• (d) the extent to which the applicant's employment in agriculture is only part-time; and
• (e) 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."

Representations

1. Ballaugh Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the land is not zoned for development, it is in an area of scenic and coastal beauty, and that there is insufficient agricultural justification as much of the land is distant from the application site and only rented.
2. The Department of Infrastructure Highways Division do not oppose the planning application subject to the entrance to the farm lane from the highway being wide enough to accommodate two-way traffic flow.
3. The Manx Electricity Authority expresses an interest in the planning application.
4. The owners and/or occupants of Glebe Cottage, which is located in Maughold, express an interest in the planning application. They state that they neither oppose nor support the proposed, they merely want to know the outcome of the planning application.

Assessment

1. As part of the assessment of the planning application advice was sought from the Department of Environment, Food and Agriculture (DEFA). Based on the applicant's submission and advice from DEFA it is understood that farming activity at Seafield Farm is based on 70 acres of owned land and 170 acres of rented land. At the time of asking the farm stock comprised 26 suckler cows, 1 bull, 4 replacement heifers, 310 rearing and finishing cattle, 300 ewes and 60 replacement ewes. Based on this DEFA calculates the labour requirement for the agricultural activity to be approximately 2.62 standard labour units. It is recognised that the applicant is 56 years old and looking to cut back on their physical involvement in the farming operation, the proposal is intended to offer an attractive employment package for a farm worker who can be on hand on site. The possibility of alternative accommodation being available within the surrounding area has not been explored. DEFA concluded that the proposal has some agricultural attractions.
2. The starting point for assessing the proposal has to be an acceptance that the granting of planning approval for agricultural workers dwellings is done so as an exception to the general presumption against development within the countryside. To approve such development the Planning Authority has to be persuaded that there is sufficient agricultural need to outweigh that general presumption against development. In terms of that it is noted that the existing farm dwelling at Seafield Farm was granted planning approval relatively recently in 2007. On one hand granting planning approval for an additional dwelling so soon after an exception was allowed could be seen as perverse. On the other hand the farm operation may be sufficiently successful to warrant an additional dwelling. In this instance the stated need for the proposed dwelling is related to the age of the applicant meaning that they want to reduce their physical involvement in the farm, having said that they would still be actively involved in the farm and would remain at Seafield Farm. On balance it is considered that would be inappropriate to grant planning approval for another agricultural workers dwelling so soon after an exception for an agricultural workers dwelling was made. The advice from DEFA is that the proposal has some agricultural attractions, which is not considered to be strong enough to override policies that seek to protect the countryside. Whilst the attractions of an additional dwelling are readily understandable the need to protect the countryside from development outweighs this. The possibility of an agricultural worker being accommodated within existing accommodation within the surrounding area has not be adequately discounted by the applicant, it should be noted that the site is within close proximity of Ballaugh Village.

1. It is recommended that the planning application be refused.

PARTY STATUS

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Ballaugh Parish Commissioners.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; The Manx Electricity Authority; and The owners and/or occupants of Glebe Cottage.

Recommendation

Recommended Decision: Refused Date of Recommendation: 04.03.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

R 1. The Planning Authority is not persuaded that there is sufficient agricultural justification to outweigh the presumption against development within the countryside set out within the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................