180490

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01077/A Applicant : Mr Philip Cringle & Miss Ashley Bradshaw Proposal : Approval in principle for the erection of an agricultural workers dwelling addressing means of access Site Address : Field 425318 The Friary Main Road Ballabeg Castletown Isle Of Man

Principal Planner: Miss S E Corlett Photo Taken : 15.10.2019 Site Visit : 15.10.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.11.2019 __

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) (No2) Order 2013.

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, 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)(No2) Order 2013.

C 4. The modifications to the existing access as shown in the submitted drawings, notably reducing the height of the hedge to no higher than 1m for 22m to the north west of the entrance and for 48m to the south east, must be implemented prior to the commencement of any construction works associated with this approval. The lowered hedging must be retained as such thereafter.

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Reason: in the interests of highway safety.

C 5. 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 6. The reserved matters application must include full details of a landscaping scheme to establish the curtilage of the new dwelling. Such landscaping should also seek to mitigate the visual impact of the new dwelling and should incorporate hedging and planting as boundary features rather than walling and fencing.

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

C 7. 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.

Plans/Drawings/Information;

This approval relates to the drawings all received on 25th September, 2019. __

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 Friary Farm, a holding of 330 acres centred around the main complex of farm buildings which lie within Ballabeg on the western side of the A7 opposite Friary Park - a development of modern, mostly single storey dwellings. The farm is managed by two farmyards, one here at Friary Farm and the other a mile to the south at Ballakeighan, to two bisected by the Southern 100 Course and the steam railway.

1.2 The complex comprises a farmhouse which is of historic and architectural interest along with stone outbuildings which are similarly interesting. There are more modern render and sheeted buildings on the outer edge of the complex with open fields surrounding them. Access into to the farmyard is directly from the A7 in front of the farmhouse through an entrance formed by stone walls with an outbuilding to the south which sits immediately alongside the public footway.

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THE PROPOSAL 2.1 Proposed is the principle of the erection of a new dwelling on the site for occupation by a farm worker and the creation of a new access, the details of which are to be determined now.

2.2 The location of the new dwelling is to the west of the existing farm buildings, around 40m from the nearest building.

2.3 The means of access will be 200m to the south of the existing main farmyard access. The proposed access currently has an existing pair of field entrances with gates angled and set back from the footway. A small section of stone wall within the field will be removed and the existing wall and piers alongside the road lowered to no higher than 1m with the surrounding hedge/wall lowered to no higher than 1m for a distance of 22m to the north and 48m to the south. From the access with the A7 a 3m wide hardcore track will run parallel with the A7 north as far as the first agricultural building where the track will turn through 90 degrees, skirt around the building and then head west to the site of the proposed dwelling. The track would appear to also give access to the farmyard.

2.4 The applicant supports the application by explaining that the applicant, with his father, is a director of the company which is the tenant of Friary Farm which is owned by The Friary Ltd - the applicant's father and grandfather, Messrs Murray and Noel Cringle respectively. Mr. N. Cringle lives at the Friary Farmhouse and Mr. M. Cringle lives at Ballakeighan. Mr. Murray Cringle is 58 and his son, Philip (the applicant) wishes to pursue a career in agriculture on the Island which will require the existing business to grow. They are currently based and working in the UK and are hoping to move back to the Island within the next three years.

2.5 The farms are involved primarily in the finishing of prime beef cattle and currently has 250 head of cattle on the farm and 85 breeding ewes where the lambs are sold finished. The business currently has a labour requirement of 1.88 labour units which is currently supplied by Mr. Murray Cringle with assistance from his 82 year old father. They describe the company as one of the largest and more consistent suppliers of finished cattle to the Isle of Man Meat Company. The Department's Agricultural Development Scheme and Red Tractor Farm Assurance requires that animal welfare and health is not compromised as part of the farm operations and a key part of this is observing stick and their management and handling as well as security of the livestock and the associated medicines, fuels and machinery.

2.6 The business could not financially sustain the applicant as an addition to the farms' operation without a substantial change to the output ad income and Mr. M. Cringle sees the erection of the dwelling as a key part of the succession for the farm business. They estimate that with Mr. P. Cringle living on site, the enterprise would be able to increase to 350 head of stock with 300 breeding ewes plus 10 rams and 50 replacement ewes) which would increase the labour requirement to 3.15 standard units.

2.7 Residing at Ballakeighan with his father and mother is not practical for the applicant and his partner and Mr. and N. Cringle who reside at Friary Farm have no wish to leave what has been their home for all of their working lives. In addition, Friary Farmhouse is of substantial character and historical value and any extension or significant alteration to accommodate additional family members could result in the interest being lost which is something the family would wish to avoid.

2.8 They describe the existing buildings at both farmyards as being fully utilised for agricultural purposes and are not available for conversion to residential use. The Friary Farm buildings are home to three quarters of the livestock particularly in the winter months due to the majority of the buildings being here. Whilst Mr. N. Cringle is responsible for the animals at The Friary for large periods of time but considering his age, this is not something which is considered to be sustainable in the long term although having Mr. P. Cringle living on site to assist, this could

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ensure that Mr. N. Cringle can continue to do this but on a reduced basis and enjoy his retirement.

2.9 The applicants are not aware of any dwellings for sale in the immediate area which are restricted to agricultural occupancy and which could be within their means to buy. Available properties in the area include a 2 bed mid terraced property in need of modernisation for £179,000 to a 3 bed bungalow at £289,000 with rental properties ranging from £1,350 to £1,500 pcm. Given that the land on which the proposed dwelling is proposed to be built would be at no cost, the dwelling could be constructed for up to two thirds of the purchase price of an existing dwelling with reduced on-going costs for maintenance and operation. This makes better financial sense to the farm to improve the cash flow to grow the business enabling everyone involved to have a wage and living off site would bring time and financial implications to the business which would in turn, limit its growth. The farm is likely to need new labour input given the age of those currently involved and a dwelling is unlikely to be available within the farm until at least 10 to 15 years from now and the family can see greater benefit from having a family member involved with the enthusiasm which a family member will bring compared with that of a paid employee.

2.10 The chosen location will not affect the living conditions of any existing residents and will not impede the expansion or operation of the farm. It could be screened sympathetically by new planting to ensure that the landscape is enhanced as much as possible.

2.11 The existing access is considered to be dangerous as many delivery vehicles have to reverse in and the access also limits the size of lorry which can be used to deliver goods. Some vehicles use the existing access which is proposed to be used for the new drive and drive across the fields to the existing farm buildings.

PLANNING POLICY 3.1 The site is within an area designated on the Area Plan for the South adopted in 2013 as not for a particular purpose and outside the proposed Conservation Area which includes the farmyard and existing buildings.

3.2 Friary Farm is suggested as worthy of research for potential registration, within the Area Plan.

3.3 On The Isle of Man Planning Scheme (Development Plan) Order 1982 the site is not designated for a particular purpose and lies within a wider area of High Landscape Value and Scenic Significance. There is also a Scheduled Ancient Monument indicated as on the site of the existing buildings relating to Bemaken Friary. The Friary Church is the only surviving building of the former religious house of Bemaken, and the other farm buildings are of various later periods. The church has a modern slate roof and is now used as a store. A plaque on the outside wall states that it is a protected monument. The church stands at the centre of the farmyard with its east gable facing the road. Its most obvious feature is the now-blocked east window, only part of which survives above a later doorway; the surviving original dressed stonework defines a Gothic window. The original roof profile is also visible in the gable, and can just be seen in the stonework below the verges.

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:

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(a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10)"

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.

Housing Policy 7: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."

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."

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."

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."

3.5 Ancient Monuments are protected under Strategic Policy 4 and Environment Policy 40. It is noted, however that the proposed development will not affect the existing farmyard or Ancient Monument, in fact, the proposal has been designed to avoid any impact thereon.

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 5.1 Arbory Parish Commissioners support the application (26.10.19).

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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.

Agricultural justification 6.2 The farm is an established one and not only that, has important connections with the village of Ballabeg in which it sits in terms of the age and historical value of the original farm buildings. The future expansion and management of the farm relies upon having appropriate staff on hand and in this particular case, although planning approval runs with the land rather than with individual occupants, the intention is to continue the family running of the farm whilst retaining accommodation for those who currently live in the existing farm houses.

6.3 The farm is situated within a village where there are many existing properties, some of which are currently available to buy or rent. The Strategic Plan makes it clear that the first consideration should be for the farmer to live in the nearest town or village. However, the applicant has looked into the purchase or rent of these and has concluded that the money spent on that 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 they would also be close to the occupants of Friary Farmhouse and could enable them to reduce their involvement in the day to day activities on the farm.

Visual and landscape impact 6.4 The new dwelling may just be visible from the A7 to the north of the existing farmhouse and will be visible from the south as the area for the construction of the dwelling currently has no existing hedge or tree screening although such can and should be required by condition if the application is approved. It was suggested that the proposed dwelling could be moved north to the other side of the access track which would render it less visible from the south. However, the applicant advises that they wish to reserve the northern area for potential future expansion of the farm buildings and siting the dwelling there could compromise that.

6.5 The applicant intends to introduce a landscaping scheme for the area around the proposed dwelling which, in time, would soften the impact of the new building on the public view from the south of the farm. It is important to note that the proposal will result in a building seen largely in the context of modern farm buildings rather than any effect on the older, historically important buildings in the farmyard itself.

Highway safety 6.6 The lowering of the hedge as proposed will achieve visibility to the south of over 80m and to the right in excess of 100m all within a 30 mph zone. This access already exists and the modifications will improve things for the existing farm traffic which uses this point of access. Traffic flow on this part of the A7 is often subject to delays due to vehicles parked on the eastern side of the highway and many vehicles approaching from the south turn right along Douglas Road before reaching the access which will serve the new property.

CONCLUSION 7.1 It is considered that the proposed dwelling is justified and subject to appropriate landscaping, will not have an unacceptable visual impact. The works to lower the height of the hedging on both sides of the access as proposed will improve the visibility for existing users of this access as well as providing an access which itself has acceptable levels of visibility for and of vehicles emerging from the site. The application is considered to accord with all of the relevant Strategic Plan policies and is supported.

INTERESTED PERSON STATUS

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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

(a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

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. __

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: 11.11.2019

Signed : S CORLETT 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 11.11.2019

Application No. :

19/01077/A Applicant : Mr Philip Cringle & Miss Ashley Bradshaw Proposal : Approval in principle for the erection of an agricultural workers dwelling addressing means of access Site Address : Field 425318 The Friary Main Road Ballabeg Castletown Isle Of Man

Principal Planner : Miss S E Corlett Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 11th November, 2019. They reserved for future approval the details of the means of access even though the application seeks approval for this element of the scheme, on the basis that DoI requires amendment of the details proposed to ensure that the access is safe. Conditions 3 and 4 were amended accordingly. Also, an eighth condition was added to require that should the dwelling no longer be required for occupation by an agricultural worker, it should be removed.

Conditions of Approval

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) (No2) Order 2013.

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 access including visibility splays, swept paths (to demonstrate that emerging vehicles can access the A7 safely) and surfacing, siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

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Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

C 4. The modifications to the existing access, notably reducing the height of the gate pillars and hedge to no higher than 1m as measured above carriageway level, for 22m to the north west of the entrance and for 48m to the south east, must be implemented prior to the commencement of any construction works associated with this approval. The lowered hedging must be retained as such thereafter. The details of the access submitted in the reserved matters application must also demonstrate that vehicles can exit the site approaching the A7 perpendicular to the highway.

Reason: in the interests of highway safety.

C 5. 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 6. The reserved matters application must include full details of a landscaping scheme to establish the curtilage of the new dwelling. Such landscaping should also seek to mitigate the visual impact of the new dwelling and should incorporate hedging and planting as boundary features rather than walling and fencing.

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

C 7. 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.

C 8. Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, as required by condition 5 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.

Plans/Drawings/Information

This approval relates to the drawings all received on 25th September, 2019.