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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00056/A Applicant : Ballaharry Farms Ltd Proposal : Approval in principal for the erection of a farm workers dwelling Site Address : Field 324731 Ballavitchel Road Crosby Isle Of Man

Planning Officer: Mr Paul Visigah Photo Taken : 06.02.2020 Site Visit : 06.02.2020 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation: 05.03.2020 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) Order 2019.

C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To avoid the accumulation of unimplemented planning approvals.

C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, Drainage, Means of Access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

C 4. 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.

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C 5. 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 6. All planting, seeding or turfing comprised in the approved details of landscaping 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.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

This application has been recommended for approval for the following reason. It is considered that there is sufficient established agricultural need to warrant approval being granted for a new agricultural dwelling on this site. The proposal accords with the provisions of the Strategic Plan, particularly Environment Policies 1, 2 and 15, General Policy 3 and Housing Policy 7.

Plans/Drawings/Information;

This approval relates to the supporting statement and documents all received on 14th January, 2020.

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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

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 unto the unto 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.

THE PROPOSAL

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2.1 The proposal seeks planning approval for Approval in principal for the erection of a farm workers dwelling on the site for occupation by farm workers.

2.2 The location of the new dwelling is to the south of the existing farm buildings, separated from the existing farm buildings by the existing site access which connects the site to 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 Supporting information has been provided by the applicant which indicates that the farm holdings are used for sheep (about 1300 breeding ewes), and 19 suckler cows. This data also suggests that the farm consists of land amounting to 2080 acres; 2000 acres of rough grazing and 80 acres of good cultivatable grassland. He further stated that the farming operation is split between a rented hill ground (2000 acres which is rented from the government on a long-term agreement) and the land which is owned at Ballavitchel. The stocking at Ballavitchel currently includes 19 suckler cows and calves, 300 breeding ewes and 250 replacement ewe lambs, with all the lambs being fattened either on crops or concentrates through the sheds at Ballavitchel; hence the need for the applicant to be located on the farm to ease management. Based on the foregoing, the applicant notes that residing on the site would be essential for observing stock and ensuring their management, handling, wellbeing in addition to easing the running of the farm.

2.4 The supporting information also states that the farm currently employs 4.21 standard labour units. As well, the financial and business information provided by the applicant is sufficient to indicate that the farm is a significant and growing business concern which would be supported by the dwelling that would ensure that management is in close proximity to the business; as the running of the business from Lezayre where the applicant currently resides is not sustainable for the business.

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.

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 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."

3.4 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:

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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)"

3.5 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."

PLANNING HISTORY 4.1 There are no previous applications on this or other sites which are considered to be relevant to the consideration of the current application.

REPRESENTATIONS

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Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division although consulted on 29 January 2020, has not commented on this application at the time of drafting this report.

5.2 Marown Parish Commissioners have stated that they have no objection to the application in a letter dated 20 February 2020.

ASSESSMENT 6.1 The issue here is whether the proposed dwelling is justified in agricultural terms and whether there would be any unacceptable environmental impact from the proposal - particularly in terms of impact on the landscape and highway safety.

6.2 Agricultural justification

6.2.1 The farm is an established one and as such, the future expansion and management of the farm relies upon having appropriate staff on hand within the farm. The farm is situated within Ballavitchel where there are many existing properties, some of which are currently available to buy. Granting the Strategic Plan makes it clear that the first consideration should be for the farmer to live in the nearest town or village, the applicants attempt to seek affordable accommodation around the farm has been futile. This is hinged on the fact that the cost implications of acquiring these properties would be completely out of any farm workers budget. As such, the applicant has concluded that the finance that would be required to purchase these properties would be better directed to the farm itself and the saving between purchasing an existing house compared with building their own property. Added to this, a presence on-site would provide more efficient care of the animals and better management of the farm operations.

6.3 Visual and landscape impact

6.3.1 The new dwelling may just be visible from Ballavitchel Road when approaching from the south, with limited views afforded from vantage points when approaching the site from the north dues to the position of the existing farm buildings and the nature of the boundary treatment for the site. It is also noted that the proposed location is in close proximity to a cluster of residential dwellings along Ballavitchel Road and as such the new dwelling will seamlessly fit into the residential character of the cluster of dwellings.

6.3.2 The applicant intends to introduce sympathetic planting to ensure that the environment and landscape is enhanced as much as possible. This would soften the impact of the new building on the public view from the south of the farm and ensure that the new dwelling blends into the landscape. It is also noted that the proposal will result in a building seen largely in the context of modern farm buildings which is acceptable for the area

6.4 Highway safety

6.4.1 As noted in the earlier sections of the report, there would be no changes to the existing site access which has good visibility, although it is noted that traffic along this section of the road is limited and mainly cantered on agricultural deliveries and operations which is considerable low and as such the access provisions in its current state would be suitable for the proposed development.

CONCLUSION

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7.1 It is considered that the proposed dwelling is justified and subject to appropriate landscaping, will not have an unacceptable visual impact. The application is considered to accord with all of the relevant Strategic Plan policies and is supported.

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 __

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 : Permitted Committee Meeting Date: 16.03.2020

Signed : P VISIGAH 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 16.03.2020

Application No. : 20/00056/A Applicant : Ballaharry Farms Ltd Proposal : Approval in principal for the erection of a farm workers dwelling Site Address : Field 324731 Ballavitchel Road Crosby Isle Of Man

Planning Officer : Mr Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 16th March, 2020 subject to condition 4 being amended, as well as the addition of condition 7 and 8 to reflect the recently received Highway Comments:

C4. 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, 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.

C7: The reserved matters application must include full details of 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.

Reason: to protect the character and appearance of the area.

C8: Prior to occupation of the development any driveway shall be surfaced in bound and stable material over a minimum distance of 5.0m back from the highway boundary.

Reason: to minimise the risk of loose material being carried onto the highway.