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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00173/REM Applicant : Mr Robert Christian Proposal 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) Site Address Field 324731 Ballavitchel Road Crosby Isle Of Man
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 17.06.2021
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved must be commenced prior to 23rd March 2024.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and the approval in principle on which this application relies, and to avoid the accumulation of unimplemented planning approvals.
C 2. The development hereby approved shall not be occupied until all access arrangements, including visibility, have been provided in accordance with drawing No. 21/3076/01 rev A received 7 June 2021. The parking and turning area shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 3. 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(s) 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.
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.
Plans/Drawings/Information;
This decision relates to Drawing No. 21/3076/01 rev A received on 7 June 2021. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions, there comments are that there is no flood risk management interest:
Department of Infrastructure (DOI) Flood Risk Management Division __
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 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.
2.0 THE PROPOSAL 2.1 The proposal seeks planning approval for a 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).
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. 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 The proposed dwelling is a two storey dwelling, albeit with two separate storage areas within the roof space. The new dwelling would accommodate a lounge, an open plan kitchen and dining as well as a garage utility and WC on the ground floor; three bedrooms, an ensuite, a bathroom and wardrobe on the first floor level. The garage, utility room and WC would appear as a single storey extension to the dwelling.
2.4 The dwelling would have 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. The rear elevation would also have the traditional appearance with more use of horizontal styled windows and introduction of French doors. The dwelling would be finished
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in natural slate roof, with a painted render finish, albeit the pitched roof porch to the front elevation would be finished in Manx stone. All the top hung casement windows and doors are to be finished in white UPVC material. Five rooflights would be installed on the front roof plane, while six rooflights would be installed on the rear roof plane. No windows would be installed on any of the side elevations.
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 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:
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."
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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."
4.1 PLANNING HISTORY 4.1 The application site has been the subject of PA 20/00056/A for approval in principal for the erection of a farm workers dwelling. This was approved by the Planning Committee on 16 March 2020.
4.2 The Approval in Principle granted under PA 20/00056/A included conditions (C4, C5, and C6) which dealt with Agricultural Occupancy of the dwelling, Removal of dwelling if no longer used for the approved purpose, and landscaping of the site respectively. On that basis, these conditions would be excluded from any approval conditions for the current application dealing with the Reserved Matters.
5.0 REPRESENTATIONS 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 who have previously indicated that they do not oppose the application subject to condition related to the access arrangements, including visibility in a letter dated 28 April 2021.
5.1.1 Having reviewed he revised plans submitted by the applicants, the Department of Infrastructure (DOI) Highways Division still maintain their support for the scheme subject to the condition for all access arrangements, including visibility, to accord to drawing No. 21/3076/01 A (11 June 2021)
5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 28 April 2021.
5.3 Marown Parish Commissioners have stated that they have no objection to the application in a letter dated 22 April 2021.
6.0 ASSESSMENT
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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 The approval in principle issued on this site under PA 20/00056/A firmly establishes the acceptability of the principle of a new agricultural workers dwelling on this site. As such, it is considered that the principle of erection the dwelling on the application site is acceptable. Albeit, the suitability of the proposed scheme would be dependent on the assessment of other elements of the proposal which includes details of design, access, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site in the following sections of this report.
6.3 In terms of the design of the dwelling, it is considered that the proportion and form is similar to a traditional Manx Cottage (even though the dwelling is a modern dwelling); ensuring that the design of the proposal complies with Planning Circular 3/91. Similarly, the main elevations which would be publicly viewable from Ballavitchel Road which abuts the site bear clear traditional forms with the roof pitch, door and window positioning, as well as the layout of the, the roof light sizes and positions, the central entrance door, as well as the single storey garage (which would appear as an extension with basic traditional forms) would make the new dwelling similar to a Manx cottage design. Whilst it would have been more appropriate to have a single storey projection forming the front porch without the first floor element to make the dwelling more in keeping with Planning Circular 3/91, this proposal is a modern reflection of the traditional forms. Besides, this element of the scheme would still be subordinate to the main dwelling and would appear as a pitched roofed extension to the front elevation.
6.4 Based on the foregoing, it is considered the proportion, form, design and finish in the dwelling would comply with Planning Circular 3/91 and would be appropriate to the visual amenities of the countryside. This judgement is also made on the basis that the dwelling would be within the existing farm cluster and cluster of dwellings at this part of Ballavitchel (such that it would not result in an intrusive feature in the countryside but appear as part of the overall larger farm complex, rather than an isolated building in the countryside), with the sod hedges on large sections of the site boundary and tree clusters on the roadside and the topography of the area ensuring that the building would be sufficiently screened from most parts of the surrounding countryside. Therefore, it is considered the design and siting of the proposal is acceptable and complies with Environment Policy 1 & 15, Housing Policy 9 and Planning Circular 3/91.
6.5 In terms of parking provision and access, the site would be afforded at least two off road parking spaces with turning provision provide within the site, with the garage providing two additional off road parking areas within the site. 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.
6.6 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.
6.7 It is also considered that the drainage provision which would include a surface water soak away and new foul drainage Bio Disc that would discharge into the nearby water course are considered appropriate for the site.
7.0 RECOMMENDATION 7.1 Overall, it is considered that the scheme complies with Environment Policy 1 & 15, Housing Policy 9 and Planning Circular 3/91 of the Isle of Man Strategic Plan 2016. For these
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reasons the proposal is considered to be appropriate and the application is therefore recommended for an approval.
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 __
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: 28.06.2021
Signed : P SHEN 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 28.06.2021
Application No. : 21/00173/REM Applicant : Mr Robert Christian Proposal : 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) Site Address : Field 324731 Ballavitchel Road Crosby Isle Of Man
Planning Officer : Mr Paul Visigah
Presenting Officer Mr Pieren Shen
Addendum to the Officer’s Report
The Planning Committee approved the application at its meeting of 28th June, 2021 subject to the inclusion of a note regarding conditions (C4, C5, and C6) which dealt with Agricultural Occupancy of the dwelling, Removal of dwelling if no longer used for the approved purpose, and landscaping of the site respectively, imposed under the Approval in Principle granted previously for the site within PA 20/00056/A; as well as the granting of Interested Person Status to the Department of Infrastructure (DOI) Flood Risk Management Division.
N1: Conditions (C4, C5, and C6) of 20/00056/A which dealt with the Approval in Principle for the erection of a farm workers dwelling on Field 324731 which addresses Agricultural Occupancy of the dwelling, Removal of dwelling if no longer used for the approved purpose, and landscaping of the site respectively, are carried forward to the current Reserved Matters approval. As such, they still have to be complied with.
Interested Person Status:
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure (DOI) Flood Risk Management Division
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