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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00380/B Applicant : Mr Paul & Mrs Linda Jones Proposal : Erection of a detached agricultural workers dwelling Site Address : Borrane Lhagg Road Dalby Isle Of Man IM5 3BU
Principal Planner: Miss S E Corlett Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.05.2020 __
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 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 Department.
C 3. The proposed infilling of the gaps in the existing perimeter hedge must be planted at the latest, in the first planting season following the completion of the dwelling hereby approved and must comprise native species/species to continue those in the existing surrounding hedges. Any plants which die or are removed within the first five years of having been planted, must be replaced by plants of similar species and size.
Reason: to ensure that the development has an acceptable visual and ecological impact on the environment.
C 4. Prior to the occupation of the dwelling hereby approved, the resurfacing of the first 5m of the existing access, the widening of the existing access lane and the cutting back of the vegetation at the entrance, both as indicated on plan 19/3001/03B must be undertaken in
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accordance with the approved plans. The re-surfacing must result in a bound surface such that no material is tracked onto the public highway.
Reason: in the interests of highway safety.
N 1. The applicants' attention is drawn to the provisions of the Wildlife Act 1990 in particular respect of nesting birds. Any works which are undertaken within the nesting season (February to late August or late September should be undertaken only with guidance from the Ecosystems Policy Office of the Department.
This application has been recommended for approval for the following reason. The development is considered to accord with Environment Policies 1, 2, 4 and 15 and Housing Policies 7, 8, 9 and 10 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to drawings 19/3001/01A, 19/3001/02A, 19/3001/03B and 19/03001/04 all received on 14th May, 2020.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Ballacooil, as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, the property is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy, as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT AND THE DEVELOPMENT COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN
THE SITE 1.1 The site is a parcel of land which has a frontage to the Lhagg Road of approximately 30m and extends eastwards by between 19m and 31m. The site is opposite Thie Doarlish Mooar with Glen View slightly to the south on the other side of the road. The site is part of Borrane farm which extends to the north, east and south with its main farm buildings - a barn and a dwelling - Borrane which was approved under 99/014336/B.
1.2 Thie Borrane Mooar is a traditional dwelling which sits right alongside the road with extensions to the west. There is an access directly opposite which leads down to the farm buildings associated with Borrane Farm.
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1.3 The site is higher than the adjacent road - between 1.7m and 3.5m higher as the road slopes downhill to the south.
THE PROPOSAL 2.1 Proposed is the erection of a dwelling for occupation by an agricultural worker. The dwelling would sit within the site, up to 1.5m higher than the ground level at the southern end of the building. No existing or proposed vegetation is shown on the proposed site plan (drawing 19/3001/103) and the hedge which runs alongside the farm access (not the Lhagg Road) is to be lowered to 1m to afford visibility over it to and of vehicles approaching the proposed access on the farm lane. Two parking spaces are shown in front of (north) the front elevation of the house.
2.2 The dwelling is a single storey building with a pitched roof and relatively small chimney stacks on each end of the roof, flush with the gable walls. The general character of the building is of a traditional Manx cottage although the proportions and windows do not comply with the guidance in Planning Circular 3/91 in that the building is 14.7m long compared with 11m as advocated in the Circular (although it does state that with a single storey format the length can vary, however the illustration seems to suggest that the shorter length should be the main core with any additional length accommodated as what looks like an extension) and the windows are square as opposed to be vertically proportioned sliding sashes. The chimney stacks are also a little less wide than the circular would recommend.
2.3 The property has a symmetrical frontage with a pitched roofed porch in the centre with two windows on each side. The rear has an off-centre projection of 1.9m. The dwelling will accommodate three bedrooms, one bathroom, a living/dining/kitchen space and a utility room.
2.4 The application comes with a supporting statement from the architects and a second from Land Based Services Limited. Between them, the statements explain that the farm consists of 451 acres - 130 at Borrane, 147 in Dalby (owned by the family) and 174 in Peel (rented). Of the 451 acres 16 of these are forage crops. The intended occupant of the proposed property is the applicants' son, who is 27 and living in the main farmhouse with the applicants. Mr. Jones, the applicant is approaching retirement age and is unlikely to be able to sustain his present level of activities for any significant period of time. His son is said to take over the running and security of the farm and stock: this involvement is considered crucial to the running and sustaining of the business.
2.5 They state that the farm has no suitable buildings to convert as all are modern and used for the management of the stock, predominantly sheep.
2.6 They have considered purchasing a dwelling but there is none available any closer than Glen Maye and which are, are beyond the means of a farm worker. By developing a dwelling on the applicants' own land will reduce costs and enable more investment in the farm. The farm is managed solely by Messrs Jones Senior (the applicant) and Junior.
2.7 They describe the site as alongside the farm access road, is currently unused and close to the farm. As the intended occupant lives on the farm there will be no change in vehicle movements to and from the site.
2.8 The farm is stocked and managed to produce top quality lamb for the local population and they also enhance and protect the wildlife on the farm. The breeding flock comprises almost 600 ewes and 18 tups and replacement ewes are either home bred or bought in to ensure the long-term sustainability of the flock. The applicants use the Easy Care sheep breed which a well established commercial breed with its own breed society (it was developed in the early 1960s by crossing Welsh Mountain and Cheviot and then crossed again with Wilshire Horn which results in a hardy breed with excellent meat yields and high lambing ratios.
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2.9 They explain that most of the sheep work is undertaken at Borrane where the equipment and facilities are located and 90% of the ewes are brought to Borrane for lambing so they can be monitored and assistance is available. Messrs Jones have a reputation for breeding and training top class sheep dogs for other farmers.
2.10 They confirm that there is only one house associated with the holding where four immediate family members reside - Mr. and Mrs. Jones senior (the applicants) and Mr. Jones junior and Miss Jones.
2.11 They acknowledge that the Strategic Plan presumes against development which is outside those areas designated for those purposes (General Policy 3) but that this includes an exception for essential housing for agricultural workers who have to live close to their place of work and which are subject to Housing Policies 7-10 inclusive.
2.12 In terms of HP7 which states that new agricultural dwellings will only be permitted in exceptions circumstances where real agricultural need is demonstrated, the applicant explains that the operation has a requirement of 3.63 labour units which is presently fully satisfied by Mr. and Mrs. Jones senior who work in the evenings, weekends and holidays and Mr. Jones junior who works full time on the farm. They explain that in addition to the day to day work of running the farm at least one other person needs to be on site for emergencies, farm security, biosecurity and 24 hour a day supervision during lambing periods to ensure maximum survival of the animals.
2.13 According to local estate agents there is no other existing accommodation in the area which is suitable and available for occupation by an agricultural worker. They confirm that there has been no severance of land nor any subdivision since the previous owner died in 2001. The three family members have been farming this operation for the last 21 years. They confirm that no-one is retiring from farming and the property is intended for a full-time farmer.
2.14 In further support they explain that the site lies in an area where there are already a number of other houses and sheltered by trees. They suggest that a further dwelling will assist the rural community, maintain social and family associations and assist in sustaining the rural economy by ensuring that a farming family will be able to retain their agricultural business.
2.15 They suggest that the house will be close to the existing main group of farm buildings, is set back from the highway and approached using the farm access and is designed in accordance with 3/91. They refer to the Landscape Character Appraisal which designates this area as Rugged Coast and suggest that the proposal is not in conflict with this, being sensitively designed and retaining and reinforcing the local settlement patterns and local vernacular styles and materials and not contravening EP1, EP2, EP3, EP14 (the land is Class 3 according to the Agricultural Soils Map) and EP15.
2.16 In conclusion they suggest that the development will help meet the Isle of Man Government's strategy to develop and reliable, sustainable and self-reliant Manx Agricultural Industry (Developing a reliable, Sustainable, Self Reliant Manx Agriculture: DAFF 2008) and also note that the number of young people going into agriculture having declined for several years and any support that can be given to ensure the long term sustainability of the industry as well as helping the rural economy has got to be embraced.
Further plans 2.17 Following the raising of a number of issues with the applicant, further information has been provided in the form of a covering letter and drawings 19/3001/01A, 19/3001/02A, 19/3001/03A and 19/3001/04 all received on 14th May, 2020.
2.18 The covering letter explains that the plans illustrate a lowering of the floor levels of the proposed dwelling by 1.5m involving a sloping driveway into the site. The existing roadside
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hedge is now shown on the drawings along with infilling of gaps and new planting. The comments of the highway officer are provided for in terms of the width of the access and surfacing of the first 5m of the lane. The chimneys on the dwelling have been increased in size.
2.19 They provide further background information in respect of the farming operation, explaining that Mr. Jones Senior (Bob- the applicant's father) owns Borrane and Balladhaa and the applicant and his wife, Linda, have farmed this land for over 20 years, joined by their son, Kieran when he left school and agricultural college, approximately ten years ago. They advise that the two holdings are separate and the applicants have no association with Balladhaa, commenting that the recent application for renovation of an outbuilding there is nothing to do with them and the farmhouse at Balladhaa is occupied. They were asked about a property in Glen Maye - Shady Moar - which was the subject of an application for the removal of an agricultural occupancy condition a few years ago. They comment that they were not able to find the asking price of £355,000 at that time (4 years ago). This is no longer available at the agricultural occupancy condition was removed. They are not aware of any other properties in the area suitable for their purposes.
2.20 They explain that the applicant has worked 35 hours a week at Poortown Quarry since 1989 and Linda worked part time but due to ill health is now at home full time and oversees some of the farming operations. Whilst the existing dwelling does not have an agricultural occupancy condition upon it, consideration was given at the time to the agricultural operation and were allowed to reside there, not working full time in agriculture but building up the business. Mr. Jones, the applicant is 59, has had two replacement hip operations which limit his capacity for heavy work. They explain that the existing house has 3 bedrooms and is currently occupied by four adults. Kieran wishes to have his own independence, has a nine year old daughter who lives with her mothers and would like to give her a home too. Kieran works full time on the farm and will eventually take over the operation whilst his parents gradually withdraw but remain living on the farm.
2.21 The amended site plan (19/3001/03B) is annotated such that the existing roadside hedge is to be retained, that alongside the entrance is to be cut back to afford better visibility to the south, the first 5m is to re-surfaced (although it does not state with what) and the access widened to 3.2m in width up to the proposed entrance into the dwelling's curtilage. Finally, on the plan, the area which is presently gapped is to be filled in although it is not stated with what it will be filled.
PLANNING POLICY 3.1 The site lies within an area of High Landscape Value and Scenic or Coastal Significance on the Planning Scheme Order 1982 and is not designated for a particular purpose. The site also lies within an area identified as of ecological interest on the same plan.
3.2 There is therefore a presumption against development as set out in Environment Policies 1 and 2 which protect the countryside for its own sake and which promote the protection of the character of the countryside as the most important consideration. General Policy 3 also sets out a presumption against development with a series of exceptions, including, as stated above, for essential housing for agricultural workers who have to live close to their place of work.
3.3 Environment Policy 15 also reiterates the need for the demonstration of necessity for the dwelling and also advises that any new agricultural building should be sited as close to existing building groups as possible and be appropriate in scale, materials, colour sting and form to ensure that all new development are sympathetic to the landscape and building environment of which they will form part. Whilst it also advises to take care when siting buildings next to other existing dwellings, in this case, the site is separated by the lane from the nearest other dwelling (Thie Borrane Mooar).
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3.4 Housing Policies 7-10 provide specific guidance about the siting of the dwelling as referred to already above (paragraphs 2.12 - 2.15 inclusive).
3.5 The Strategic Plan generally presumes against development which is outside existing settlements in the interests of sustainability and the protection of the countryside (Strategic Aim, Strategic Policies 1c, 2, 4b and 10, Spatial Policy 5 and Housing Policy 5. Strategic Policy 5 requires new development to make a positive contribution to the environment.
3.6 Environment Policy 4 protects the ecology of the Island, particularly that specifically protected by Charter, law or designation.
PLANNING HISTORY 4.1 Planning approval was granted for the dwelling, Borrane under 99/01436/B following a number of previous unsuccessful applications: this was not subject to any agricultural occupancy condition. Approval has also been granted for an agricultural building here - 02/00516/B.
4.2 At Balladhaa, the application for the renovation of the outbuilding was approved at appeal subject to the finished property being subject to an agricultural occupancy condition, this being attached more to control the amount of traffic using the access, than by an agricultural need being demonstrated in the application. Within the summary of the applicant's case in the inspector's report, it states, "The appellant works on the farm in partnership with his elderly grandparents who occupy the existing farmhouse. In addition to managing the farm and caring for the 100 sheep and other livestock, the appellant is also an agricultural mechanic. He lives in Peel about 20 minutes away by car. He drives to the farm daily. If he were able to live on the far, the travelling would be unnecessary and he would be on hand to give more help to his grandparents and to tend to the livestock 24 hours a day".
REPRESENTATIONS 5.1 Patrick Parish Commissioners ask for the application to be deferred until after their meeting of 11th May, 2020 then advise that they make no objection (12.05.20).
5.2 Highway Services comment that the access would benefit from resurfacing for the first 5m and the cutting back of vegetation to the left to retain lines of sight. Within the site the access should be widened to 4.1 if feasible, 3.4m if not. They advise that the provisions for parking are acceptable but that an electric vehicle charging point must be installed and a secure, covered store for bicycles. They advise that the proposal does not raise significant highway issues and the traffic levels will not significantly intensify the use of Lhagg Road: a restriction to agricultural occupancy may be appropriate as the property is intended to be associated with the existing land. They do not oppose the application subject to conditions requiring the widening of the entrance to a minimum of 3.4m, a bicycle storage facility, electric charging point and agricultural occupancy (05.05.20).
5.3 Ecosystems Policy Officer warn that in removing vegetation there is a risk to nesting birds and advise of the provisions of the Wildlife Act 1990 in this respect. They recommend that any new planting incorporates native species only and that the bird nesting season is between late February and later August - late September in the case of swifts, swallows or house martins and that thorough checks for birds, active nests and eggs should be undertaken prior to the clearance of vegetation (12.05.20).
5.4 The owners of Ballacooil, Lhagg Road write in support of the application subject to the dwelling being sited in a position that will not adversely affect the landscape of the Lhagg Road and being of a design as will blend into the existing dwellings on Lhagg Road (05.05.20). Despite the application being in detail, no indication is given in the submission as to whether the application accords with either of these requirements.
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ASSESSMENT 6.1 The site is not designated for development so the first issue is whether there is sufficient agricultural need for the dwelling to outweigh the policies which presume against development (EPs 1 and 2) which would enable the development to accord with GP3, EP15 and HP7. If this is accepted, it is then appropriate to consider whether the development accords with HP9 in terms of siting and HP10 in respect of design and overall, whether there is an acceptable visual and environmental impact (EPs 1 and 2 (landscape and visual impact, EP4 (ecology), GP2 (visual impact, impact on adjacent neighbours, ecology and highways) and HP4 (highways).
Agricultural need 6.2 The holding associated with the dwelling already has a dwelling which was approved, it is understood, on the basis of a developing, growing farm which was operated by people who could not comply with an agricultural occupancy condition due to them not working full time on the farm. It would appear that the farm has indeed grown but that the original applicants have not moved into full time farming but that their son has. The son currently lives at home, aged 28 with a daughter and wishes to have his own property. He could comply with the agricultural worker's occupancy condition.
6.3 In terms of agricultural need, there is already a dwelling on the farm which would provide the required security and indeed accommodation for anyone needing to be on site at times of lambing, calving or where someone would have to be there overnight or for a prolonged period of time. Whilst the labour unit calculation provided suggests that there is more than one full time labour unit here, this does not relate to how many people have to live on site. In terms of pure agricultural need, it would not appear that from an animal welfare and security position, there is no need for an additional dwelling here.
6.4 However, the applicant is likely to continue to manage the farm and if he does not live on the site, the daily comings and goings from another place, which is not likely to be particularly close, will not be inefficient or sustainable. Ideally, the person with primary responsibility for the farming operation should live in the existing farmhouse. For that to happen, the existing occupants would need to find somewhere else to reside. It was clear when the existing house was approved that the occupants would not at that time be full time farmers and indeed there is no requirement for that house to be occupied by anyone with any association with any farm or farming. Its location in amongst the farm buildings is not likely to render it suitable for occupation for anyone other than with an association with Borrane Farm.
6.5 An added complication is the ownership of the adjacent farm which includes an existing farmhouse and an outbuilding with planning approval for conversion to a dwelling which can be occupied only by someone engaged in agriculture. It would appear from the information provided in the application for that conversion, that that applicant is intending to live there, complying with the condition. The concern is therefore that there is, in the vicinity of the current application site, an existing dwelling which may or may not be occupied (Balladhaa farmhouse) and another which is restricted to agricultural occupancy, which could become available for occupation, albeit that the stated intention is that the farmer of Balladhaa will live there, potentially releasing the original farmhouse at Balladhaa for someone else.
6.6 Whilst the adjacent farm is in family ownership (the applicant's father and the applicant's nephew being the applicant for the conversion of the building), it would appear that the two holdings are in separate management operations with the current applicants not having had any association with Balladhaa. As such, it could be considered unreasonable for this holding and whatever houses are or may be in future existence in the assessment of need for this current application. At the present time there is not an available dwelling which the applicant's son could occupy on Balladhaa. Even if there were, there is a commonly used argument that buying a dwelling on the open market, even with an agricultural occupancy condition and related reduction in price, reduces the available money to invest in the farm.
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6.7 For the above reasons, it is considered that the way the farm is run, and the planning history of the existing house, that there is sufficient agricultural and environmental benefit from an additional, agriculturally restricted dwelling to be built here to justify setting aside the policies which presume against development here.
Siting (HP9) 6.8 The proposed dwelling is to be sited on the farm land and whilst not adjacent to the farm buildings or well set back from the highway, is in a location which does not involve the utilisation of usable agricultural land and future severance from the holding would be less likely due to farm traffic passing the property on a regular basis.
Design (HP10) 6.9 Planning Circular 3/91 describes mainly two storey dwellings but does include single storey properties and what is proposed has many traditional features - the (imitation) slated, pitched roof, the dominant chimneys and central front porch. Its proportions are slightly different from those described in the Circular but the overall impression and character is of a building trying to emulate the vernacular cottage.
Landscape impact (EPs 1 and 2 and GP2b, c and g) 6.10 The impact of the development will be mitigated by the existing roadside hedging which is to be retained. It is likely to be visible from further down the Lhagg Road although those using this are limited to local residents and those using the coastal footpath. From here, other, existing dwellings are visible and as such, the impact of the proposed building is considered acceptable.
Ecology (EP4 and GPd) 6.11 Many of the changes to existing vegetation could be undertaken without planning approval as none is considered development (lowering of hedges, cutting back of existing vegetation and the planting of more) although the creation of the access (the removal of a 6m section of the existing hedge off a private access track will remove some of the existing hedging. As such, to address the concerns raised by Ecosystems Policy Office a note is recommended to advise the applicant of the provisions of the Wildlife Act 1990.
Highways (GP2h and i) 6.12 The amended plans have provided the alterations to the access initially required by Highway Services. Whilst there is a requirement for bicycle parking and electric vehicle charging points, these are not generally required for single, domestic developments and in terms of electric vehicle charging facilities, this can be provided through the provision of an external power source or a charging point which is sufficiently small not to constitute development. The requirement for the bicycle parking, which could occur within the plot and the charging facilities, could be satisfied without the need for further planning approvals, and are not required by any part of the Strategic Plan so are not recommended to be required by planning condition.
Agricultural occupancy condition (HP8) 6.13 The intended occupant of the property would appear to be able to accord with the standard agricultural occupancy condition so this is recommended to be attached. This will not only ensure that the dwelling is occupied in accordance with its expressed justification but also will reduce vehicular movements on a narrow road, in the interests of highway safety and sustainability.
CONCLUSION 7.1 The development is considered to accord with Environment Policies 1, 2, 4 and 15 and Housing Policies 7, 8, 9 and 10.
INTERESTED PERSON STATUS
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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 in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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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:...08.06.2020
Signed :...S BUTLER... 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
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