3 April 2012 · Planning Committee
Field 432558, Douglas Road, Ballasalla, Isle Of Man, IM9 3ad
The application sought approval in principle to erect a farm worker's dwelling on a 0.4ha field alongside a farm lane off the A5 Douglas Road, north-east of Ballasalla. The site slopes gently away from the road and is separated from main farm buildings by distance and a gas pipeline.
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The proposal failed Housing Policy 9 as the dwelling was neither within nor immediately adjoining the main group of farm buildings, nor well set back from the public highway, nor approached via the ex…
Housing Policy 7
New agricultural dwellings permitted only in exceptional circumstances where real agricultural need is demonstrated. Officer accepted DEFA's view of large full-time business (3.03 labour units, pedigree cattle needing observation) but insufficient due to unbuilt prior approval; need for third dwelling not enough to override countryside presumption.
Housing Policy 9
Requires agricultural dwelling sited within/immediately adjoining main farm buildings/group, well set back from highway, via existing farm access. Site remote (~200m via contrived lane), alongside A5 without direct access in red-line, risks severance; identical issue as prior refusals.
Environment Policy 1
Protects countryside unless overriding national need with no alternative. High Landscape Value/Scenic Significance designation; isolated dwelling harms character, no overriding need found despite ag support.
Environment Policy 2
In AHLV areas, landscape character protection paramount unless no harm or essential location. Proposal harms quality in incised slopes area per draft Southern Plan; nearby dwellings predate 2007 Strategic Plan.
General Policy 3
Exceptions to ENV1 include essential ag housing (HP7-10). Functional need assessed but siting/prioritisation failures prevent exception.
The provision of a third dwelling to the farm business will allow the current farming operation to be passed on to the next generation, and aid the current business to continue at least at its current scale and level of production, and as such is agriculturally justified.
Comments on existing and proposed electricity supplies; notes underground cables/overhead lines present, requires contact for safety and supply.
DEFA Agriculture supports the farm worker's dwelling as agriculturally justified; Highways defers pending visibility splay details; MEA requests standard utility contacts; Malew Parish Commissioners object citing non-compliance with Housing Policy 7.
Key concern: does not comply with Housing Policy 7
DEFA Agriculture
Supportthe proposed provision of a third dwelling to the farm business will allow the current farming operation to be passed on to the next generation, and aid the current business to continue at least at its current scale and level of production, and as such is agriculturally justified.
MEA Utilities
Conditional No ObjectionUnderground Cables/Overhead Lines present in the area
Conditions requested: applicant must contact the Authority; contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Highways Division
No CommentNo visibility splays illustrated on drawings to indicate that the required splays from the lane onto the A5 of 2 x 160 metres are achievable over land within the applicants ownership
Malew Parish Commissioners
ObjectionThey object to this Planning Application as it does not comply with Housing Policy 7, and would represent an unwarranted intrusion into the countryside.
The original applications (07/01782/A and 11/00750/A) sought approval in principle for farm worker's/semi-retirement dwellings at Glashen Farm, refused due to lack of agricultural justification and conflict with countryside protection policies. In AP07/0224, the appellant argued for need due to the farmer's arthritis and ongoing farm operations requiring an additional worker, supported by DAFF labour unit appraisal. The inspector found no evidence for a second on-farm dwelling, emphasizing long-term farm enterprise needs over personal circumstances. In AP11/0095, arguments shifted to gas pipeline disruption and high net worth housing needs, which the inspector rejected as insufficient to override restrictive policies. Both appeals were dismissed, upholding the refusals.
Precedent Value
Appeals demonstrate strict application of agricultural need tests requiring evidence of long-term live-in worker necessity beyond total labour units; personal farmer circumstances and non-policy economic arguments (e.g. high net worth) carry no weight against countryside protections.
Inspector: Graham F Self (AP07/0224), Ruth V MacKenzie (AP11/0095)
