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The application site is located within an area identified as being High Landscape or Coastal Value and Scenic Significance. Within the adopted Isle of Man Strategic Plan, the following policies are considered to be relevant to the assessment and determination of this application:
General Policy 3, which states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environmental Policy 15, which 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."
Housing Policy 7, which states:
"New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
Housing Policy 8, which 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."
Housing Policy 9, which states:
"Where permission is granted for an agricultural dwelling, the dwelling must be sited such that;
Housing Policy 10, which 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."
The following previous planning applications are considered relevant in the assessment and determination of this application:
PA 96/00791/B sought permission for the erection of a farm worker's dwelling with garage on part of Field 979, Brough Jairg Beg Farm, Ballaugh. This was permitted 10th October 1996.
PA 03/00594/B sought permission for the erection of a sheep store/ store. This was permitted 13th October 2003.
PA 04/00443/A sought approval in principle for the erection of an agricultural dwelling on one of two sites. This was refused 13th July 2004.
PA 06/00419/A sought approval in principle for the erection of an agricultural workers dwelling (Resubmission of 04/00443). This was refused with the reason for refusal stating:
"The proposed residential development would be contrary to Planning Circulars 1/88 and 3/88 in that by reason of the siting of the proposed development it would have a detrimental effect on the character and appearance of the area which is an Area of High Landscape and Coastal Value and Scenic Significance; and will diminish the openness, character and quality of the surrounding area which would cause demonstrable harm to visual amenities of the locality."
A note was attached to this refusal which stated:
"This refusal is without prejudice to a new application proposing a site nearer to the existing barns. The applicant is advised to consult with the case officer prior to making any further submissions."
PA 06/02199/B sought permission for the erection of an agricultural dwelling. This was permitted 22nd March 2007.
PA 07/01356/B sought permission to extend the existing agricultural building and install a wind turbine. This was permitted 27th November 2007.
The Department of Transport Highways Division does not object to this application subject to the imposition of a condition relating to off-road parking provision.
Ballaugh Parish Commissioners object to this application as they consider that the dwelling should be erected on the site as approved under planning application 06/02199/B.
The Isle of Man Fire and Rescue Service does not object to this application but requests that a note relating to smoke be attached to any subsequent approval.
The Manx Electricity Authority requests that a note relating to electricity connection be attached to any subsequent approval. The Isle of Man Water Authority requests that a note relating to water connection be attached to any subsequent approval. We have received no privately written representations in relation to this planning application.
This application seeks approval for the re-siting of the approved farm worker's dwelling (06/02199/B). The proposed siting would be moved to the north of the approved siting by around 25m with the dwelling being rotated anti-clockwise by 90 degrees. The dwelling would remain as approved in terms of its design.
The main issue to be considered in the assessment of this application is whether the proposed siting complies with the relevant policies and whether the siting is considered to be acceptable in terms of its impact upon the surrounding area.
A recent site visit was carried out to ascertain how the proposed siting would be likely to impact upon the surrounding area, particularly in relation to the previously approved siting.
In terms of siting, the proposed location of the dwelling is further away from the existing barn, however it would only be 6m further from the barn and the dwelling would clearly remain as part of the farm group and the dwelling would be accessed via the existing farm access. There seemed to be some confusion between the applicant and the agent as to where the dwelling had been intended to be sited originally. There has recently been an approved application to extend the existing agricultural barn (07/01356/B) and this comprises part of the submitted justification for re-siting the dwelling. It is considered that with the approved barn extension in place the amenity of the previously approved dwelling as originally sited would be somewhat compromised although not to an unacceptable level. The submitted site plan includes an indication of a future extension to the existing barn to its north elevation. The agent suggests that the original siting would conflict with the operation of the farm. Clearly the intended location of the agricultural dwelling should have been confirmed between the applicant and agent prior to making a planning application and a new application should have been submitted to be approved by the planning authority prior to any work commencing on the relocated dwelling.
In the assessment of the previously approved dwelling (06/02199/B), the agricultural justification provided in the application was accepted by the planning authority and given that this was a very recent application, it is considered that this aspect of the application remains acceptable in this assessment. The design of the dwelling would remain unchanged from that approved under PA 06/02199/B which was considered to be acceptable when assessed against the requirements of Planning Circular 3/91. It is considered that the design continues to satisfy these criteria.
In terms of visual impact on the surrounding area, the proposed siting would rotate the dwelling anticlockwise by 90 degrees, resulting in the gable end of the dwelling being viewed from the main vantage point of Bollyn Road as opposed to the longer front elevation. This would act to reduce the visual impact from this location and as such would represent an improvement over the previously approved siting. Additional hedgerows along the site boundaries would further mitigate the visual impact of the dwelling and from the remaining, significantly distant view points, the proposed siting would have little additional visual impact over the previously approved location.
In this particular case, the re-orientation of the dwelling combine with what is a relatively insignificant move away from the existing barn would ensure that the proposed siting would not have an increased adverse impact upon the surrounding area. The proposed siting would continue accord with the provisions of Housing Policy 9 and such the proposal is considered to be acceptable.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties are not granted Interested Party Status:
Recommended Decision: Permitted
Date of Recommendation: 02.01.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 plans and drawings 257.9, 257.10, 257.01 and Support/Cover Letter submitted and date stamped 18th October 2007.
C 3. Two off street parking spaces shall be provided within the curtilage of the dwelling.
C 4. This permission must be taken up only by Mr Stewart Christian.
C 5. 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.
C 6. The planting scheme along the site boundaries as shown by drawing 257.10 must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
C 7. The external render must be finished with a dark dash finish.
C 8. The roof(s) must be finished in natural slate or a high quality imitation slate.
N 1. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
N 2. Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
N 3. For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Decision Made: Approved Committee Meeting Date: 11.01.2008
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