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23/00367/B Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00367/B Applicant : Mr Robert Christian Proposal Erection of agricultural workers dwelling Site Address Field 324731 Ballavitchel Road Crosby Isle Of Man
Case Officer :
Mr Hamish Laird Photo Taken :
19.04.2023 Site Visit :
19.04.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 20.07.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The development hereby approved shall not be occupied until details of:
o highway visibility splays of 2.4m x 25m in each direction which must be provided and maintained for the duration of the development. The visibility splays are measured from a point 2.4m back from the edge of carriageway on the centre line of the access to a point 25m on the nearside edge of the carriageway. No obstructions greater than 0.9m above the carriageway level should be present in the visibility splays. o the widths of the accesses off the Ballavitchel Road and into the dwelling driveway; o the surface material used for the access off Ballavitchel Road (which must be constructed of a bound and consolidated surface material for a minimum of 5m off the highway); o the size of the internal tarmac driveway to ensure a minimum of two vehicular parking spaces can be accommodated; and, o the provision of bicycle storage in a secure and covered area at a rate of one space per bedroom; o drainage details to prevent surface water runoff onto the public highway from the access track in accordance with the guidance contained in section 11.3.11 of the Manual for Manx Roads;
have been submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with the approved details and shall thereafter be permanently retained and maintained.
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Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles and cycle parking in the interests of highway safety
C 3. 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, and any resident dependants or a widow or widower of such a person.
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 Department.
C 4. Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, in accordance with condition 4 above, it must be demolished and the ground returned to part of the surrounding fields.
Reason: an exception to the general presumption against development is being made on the basis of agricultural need and should that need no longer be present, there is no justification for the dwelling and it should be removed.
C 5. Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. The trees to be planted shall be Heavy Standard Trees of 12-14cm girth, and no less than 300 - 350cm in height, and shall be Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason.
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The proposal accords with the provisions of Environment Policies 1, 2 and 15, General Policy 3 and Housing Policies 7, 9 and 10 of the Isle of Man Strategic Plan. Strategic Policy 5, General Policy 3 f), Housing Policies 7, 8, 9, 10; and, Transport policy 4.
Plans/Drawings/Information;
This decision relates to
Site location plan showing site edged red and proposed landscaping details - scale 1:1,000 on A3 paper; Proposed Floor Plan, Elevations and Section A-A; Proposed Dimensioned Floor Plan; Foundation Plan and Section A-A;
all date-stamped received on 17 March, 2023.
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Interested Person Status - Additional Persons
None. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The site is part of the holding of Ballaharry Farm, a holding of about 80 acres of land at Ballavitchel and another 2000 of rough grazing land. The application site comprises a parcel of land (field 324731) located on the south-western side of the farm and on the eastern side of Ballavitchel Road, opposite the entrance to Ballavitchel Farm Cottage. The site is enclosed by a sod bank about 1.6m that defines the site boundary with an access gate on the northern section of the site with access onto Ballavitchel Road via the already existing site access into the farm. There are some tree clusters on the southern boundary of this fairly flat site which is currently turfed and appears to be used for sheep grazing.
2.0 THE PROPOSAL 2.1 This proposal seeks full planning approval for the erection of a single storey, dwelling for a farm worker. The design indicates a traditional appearance with pitched roof and 2-pot, imitation, chimney stacks at each gable end stack chimneys. The finish would be white painted render under an imitation slate roof. The proposed accommodation comprises a vestibule/entrance hall; cloaks cupboard; store; bathroom; living/dining/kitchen area; 3- bedrooms; and, a utility room.
2.2 The dwelling would be positioned approximately 27 metres to the south of the existing farm buildings on the broader site area and would be accessed via the existing farm access serving these buildings. The new dwelling would therefore utilise the existing farm entrance onto the Ballaharry Farm, and then onto Ballavitchel Road. There are no changes proposed for the existing access into the site as it is wide enough to support standard sized vehicles. It is also indicated that there would be no changes to the existing site boundary which helps to screen the site from the abutting highway.
2.3 It is noted that the previously approved dwelling (see PA 21/00173/REM) proposed a two storey dwelling, albeit with two separate storage areas within the roof space. The new dwelling would have provided a lounge, an open plan kitchen and dining as well as a garage
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utility and WC on the ground floor; three bedrooms, an en-suite, a bathroom and wardrobe on the first floor level. The garage, utility room and WC would have appeared as a single storey extension to the dwelling. The dwelling would have had a Manx traditional cottage form (although modern) with gable end chimney on the east elevation, and a central entrance flanked on either side by vertical styled windows, under a natural slate roof, with a painted render finish.
2.4 The applicant previously stated: "they have looked for a suitable dwelling in the nearby area but without much luck. There are mainly farm tied workers dwellings within a 3 mile radius of Ballacarmaine Farm, but nothing available or within a farm workers price range".
3.0 PLANNING POLICY 3.1 The application site is not designated for any specific purpose but is located within an area of land that is classified as being of high landscape or coastal value and scenic significance under the 1982 Isle of Man Development Plan. The northwest section and western boundary of the site are classed to within an area with High Likelihood of Surface Water Flood Risk as shown on the Isle of Man Indicative flood Maps.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application.
3.3 Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
3.4 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:
a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential."
3.2 Spatial Policy 5
The Strategic Plan contains a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EPs 1 and 2). There is provision for the erection of farm dwellings as follows: General 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:
(a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10)"
3.3 General Policy 3 (in part) 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);
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3.4 Environment Policy 15: "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."
8.9.5 If it is not possible for the farm worker to live in the nearest village, the siting of the proposed dwelling should be selected having regard to the various landscape policies in Chapter 7. In particular, the dwelling should self-evidently form part of the farm group.
3.6 Housing Policy 7: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
3.7 Housing 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."
3.8 Housing Policy 9: "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."
3.9 Housing Policy 10: "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."
3.10 Other Material Considerations The Department published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This includes specific guidance on rear and side extensions in Section 4.0 titled; Types of House Holder Extension.
4.0 PLANNING HISTORY 4.1 20/00056/A - Approval in principal for the erection of a farm workers dwelling - Field 324731, Ballavitchel Road, Crosby, Isle Of Man - Approved - 23/3/2020. Condition 4 of the planning permission restricted occupancy of the dwelling to a person solely engaged in agriculture on the Isle of Man. Condition 5 required that if the dwelling was no longer required or occupied by persons engaged in agriculture, it must be demolished and the site re-instated.
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4.2 21/00173/REM - Reserved matters application for the erection of a farm workers dwelling addressing siting, internal layout, drainage, design, means of access, landscaping, and external appearance (relating to PA 20/00056/A) - Field 324731, Ballavitchel Road, Crosby, Isle Of Man - Approved - 1/7/2021.
5.0 REPRESENTATIONS 5.1 Marown Parish Commissioners raise 'No Objection' to the proposed development. (21/4/23).
5.2 Highways Services (6/4/23) Comments: The proposal resembles that of previously approved PA 20/00056/A and 21/ 00173/REM for the erection of a farmworkers dwelling. Visibility from the proposed access position is shown as 2.4m x 49m in both directions. This is more than sufficient visibility for the speeds and traffic flows along Ballavitchel Road which is narrow and winding.
The access details submitted for the proposal are inadequate for Highways to provide a full response. It is expected that the access to the dwelling will utilise the exiting opening used for access to the barn. However, the site plan provides no more detail further than the positon of the access for visibility.
Internally, no detail further than the indication of a tarmac driveway has been provided. Again, additional internal arrangements are required in order to assess the development's ability to provide the required two vehicular parking spaces and bicycle parking.
Highway Services require the following details in order to provide a full response to the proposal: - Widths of the accesses off the Ballavitchel Road and into the dwelling driveway; - Surface material used for the access off Ballavitchel Road (must be constructed of a bound and consolidated surface material for a minimum of 5m off the highway); - Size of the internal tarmac driveway to ensure a minimum of two vehicular parking spaces can be accommodated; and - Provision of bicycle storage in a secure and covered area at a rate of one space per bedroom.
Additionally, the applicant should consider the provision of an electric vehicle charging point in order to support the island's sustainable transport goals.
Recommendation: Request additional information / revisions.
5.3 Highways Drainage (6/4/23) Comments: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Please be aware off and demonstrate compliance with the clauses above.
5.4 MUA (18/4/23) - Comments: We note from the site plan the planting of Beech & Hawthorn trees to the bottom of the field. Please note there is a 2inch Asbestos Cement distribution main running across the field in the vicinity of the proposed planting. Please avoid this main when planting.
There is a green line on the blue main below, this indicates an open valve, there will be an indicator plate nearby which will give you the approximate position of this main.
5.5 DEFA Ecosystem Policy Team (12/4/23) - Comments: The Ecosystem Policy Team have no objection to this application, but we request that a condition is secured for the new landscaping, including the planting of 5 hawthorn and 4 birch
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trees, to be undertaken as shown on the site plan, in order to mitigate for the loss of a small area of hedge that is to be removed to create the new access.
Should the applicants wish to consider enhancements for wildlife on site, further native landscaping could be considered, as well as the erection of bat and bird bricks in the new dwelling. Bat bricks would be best located high up on the east elevation and bird bricks high up on the west elevation but not above doors or windows. We recommend bird bricks suitable for swift, as these are considered 'universal' nest bricks and will also provide nesting space for house sparrows or starling.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are the; (i) Principle of development - Essential need for the agricultural building SP5, GP3(f), HP7, HP8; (ii) Visual impact on the surrounding area, (EP1, EP15,) (iii) Design of the proposed (HP9, HP10) (iv) Access, Turning and Parking (GP2 h) and i), H9, TP4)
(i) Principle of development - Essential need 6.2 This has previously been considered in connection with the previously approved PA 20/00056/A and 21/ 00173/REM for the erection of a farmworkers dwelling, and the fundamental details have not changed. There remains a proven essential need for a farmworkers dwelling associated with farming operations at Ballaharry Farm, and the principle, of development for such a dwelling has been established.
(ii) Visual impact 6.3 Turning to the appearance of the proposed dwellinghouse and its visual impact on the surrounding area, as previously noted the location of the property is the same as that proposed by the approved PA 20/00056/A and 21/ 00173/REM applications. The proposed dwelling is now single storey (down from a 2-storey dwelling) and is representative of a Manx cottage design with chimney stacks protruding from the roof at each gable end. In this instance the proposed single storey dwellinghouse would have a neutral visual impact on the countryside and would be read in the context of the existing collection of farm buildings in accordance with the provisions of Environmental Policies 1 and 15 in the Adopted Isle of Man Strategic Plan (2016).
6.4 In relation to landscaping, the boundaries of the site (i.e. residential curtilage of dwelling within farm holding) would be defined by the existing sod hedges on the boundary with the area (garden) around the dwelling being lawned. The scheme also includes the planting of four Birch Trees and five Hawthorn trees on the south west boundary of the site to further screen the site when approached from the south along Ballavitchel Road.
(iii) Design of the proposed dwelling house 6.5 The proposed dwelling house would be of a form and appearance taken from Planning Circular 3/91 - Guide to the design of residential development in the countryside. The dwelling would be approx. 132sqm and would not be smaller than the farmhouse it replaces. The dwelling would be accessed from the highway by the main access serving the current house and would be adjacent to the existing barns and in close proximity to the parent's bungalow. The scheme also includes the planting of four Birch Trees and five Hawthorn trees on the south west boundary of the site to further screen the site when approached from the south along Ballavitchel Road, and would assist in softening the appearance of the development when travelling north along the Ballavitchel Road. The overall appearance of the dwellinghouse would result in an acceptable form of development. In this instance the proposed design would be in accordance with Housing Policy 9 & 10 in the Adopted Isle of Man Strategic Plan (2016).
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(iv) Access, Turning and Parking 6.5 In terms of parking provision and access, the site would be afforded at least two off road parking spaces with turning provision provided within the site. No garage is proposed as part of the development. The access would utilise the existing entrance to the farm which can provide suitable visibility splays required by Highway Services, who have no objection to the proposal. Highway Services requirements for widths of the accesses off the Ballavitchel Road and into the dwelling driveway; the surface material used for the access off Ballavitchel Road (which must be constructed of a bound and consolidated surface material for a minimum of 5m off the highway); the size of the internal tarmac driveway to ensure a minimum of two vehicular parking spaces can be accommodated; and, the provision of bicycle storage in a secure and covered area at a rate of one space per bedroom, can be conditioned.
7.0 CONCLUSION 7.1 For the above reasons the application is recommended for approval. The essential need for a dwelling to house an agricultural worker has previously been established, and it would not harm the wider environment through any visual impact and would be read in accordance with Strategic Policy 5, General Policy3 f), h) and i), Housing Policies 7, 8, 9, 10; Environment Policy 1 and 15; and, Transport policy 4.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...21.08.2023
Signed :...H LAIRD... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 21.08.2023
PA No 23/00367/B Applicant Mr Robert Christian Proposal Erection of agricultural workers dwelling Site Address Field 324731 Ballavitchel Road Crosby Isle Of Man Planning Officer Mr Hamish Laird Presenting Officer As above Addendum to the Officer Report
At the meeting of the 21st August 2023, in response to questions from the Acting HDM regarding landscaping as outlined in C5 and the omission of drainage details in C2, the case officer confirmed that the submitted plan is indicative of the existing landscaping and amended his recommendation to include a further condition requesting the submission of detailed landscaping proposals, and the addition of drainage detail requirements to the proposed C2.
The revised conditions read as follows:
C2. The development hereby approved shall not be occupied until details of: o highway visibility splays of 2.4m x 25m in each direction which must be provided and maintained for the duration of the development. The visibility splays are measured from a point 2.4m back from the edge of carriageway on the centre line of the access to a point 25m on the nearside edge of the carriageway. No obstructions greater than 0.9m above the carriageway level should be present in the visibility splays. o the widths of the accesses off the Ballavitchel Road and into the dwelling driveway; o the surface material used for the access off Ballavitchel Road (which must be constructed of a bound and consolidated surface material for a minimum of 5m off the highway); o the size of the internal tarmac driveway to ensure a minimum of two vehicular parking spaces can be accommodated; and, o the provision of bicycle storage in a secure and covered area at a rate of one space per bedroom; o drainage details to prevent surface water runoff onto the public highway from the access track in accordance with the guidance contained in section 11.3.11 of the Manual for Manx Roads;
have been submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with the approved details and shall thereafter be permanently retained and maintained.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles and cycle parking in the interests of highway safety.
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C5. Landscaping Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. The trees to be planted shall be Heavy Standard Trees of 12-14cm girth, and no less than 300 - 350cm in height, and shall be Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
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