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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00292/A Applicant : Marant Farming Limited Proposal : Approval in principle for the erection of an agricultural workers dwelling addressing siting Site Address : Mount Karrin Sulby Glen Sulby Isle of Man IM7 2BB
Planning Officer: Mr Nick Salt Photo Taken : 15.05.2019 Site Visit : 15.05.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 15.05.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. It is not accepted that there is currently sufficient agricultural justification for the proposed dwelling to satisfy the requirement in the Strategic Plan for such development to be "essential" and to demonstrate real agricultural need. The proposal is contrary to Environment Policies 1, 2 and 15, General Policy 3 and Housing Policy 7 of the Isle of Man Strategic Plan 2016.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site, defined in red is a small area of 2.11 acres situated off a private farm lane on the western side of the A14 Sulby Glen Road, towards the northern end. The site accommodates a large open agricultural building. To the west of the site is a prominent zig zag track leading from the site to higher agricultural land on Mount Karrin. The site is opposite a water treatment works. The land holding extends to a much greater area, stretching from the application site alongside Sulby Glen Road, along this highway to the south and upward to Mount Karrin - a summit of 330m. A public footpath dissects the site, leading from the water treatment works in Sulby Glen to join the Ballaugh Glen - Druidale Road. To the south of the agricultural building is an area of disturbed land with soil/stone piles.
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1.2 An updated report in support of the application from Island Land-Based Services Limited has been included which states that the farm extends to 410 acres of which 80 acres can be cultivated for crops and temporary grassland. The remaining 339 acres is classified as rough grazing. A budget has been submitted with the application outlining the costs and output associated with the farm for 400 ewes.
2.0 THE PROPOSAL 2.1 Proposed is the principle of the erection of a farm dwelling alongside the existing agricultural building near to the Sulby Glen Road. A substantial amount of supporting information has been included with this application including statements addressing the previous Planning Officer's report from 2012 for a similar application, and supporting information supplied with that application.
2.2 The applicant has provided a statement that outlines the labour requirement of 1, rising to 1.3 labour units "after improvements are done to the farm". Chris Kneale (DEFA Agricultural Officer) has previously stated, as per the Island Land-Based Services Limited report, that "one standard labour unit would not be achieved until improvements had been made." The applicant has disputed the method of calculation for this, stating that one unit of labour is required for the running of the farm.
2.3 The applicant has provided the following reasons for a need for an agricultural dwelling on the farm itself:
o A full time farm manager is required and to attract a local person with the skills and experience required, suitable family accommodation on the farm is essential. o Accommodation on the farm is required to enable to stock to be managed in accordance with both the Countryside Care Scheme Cross Compliance Standards and Farm Assurance Standards. o Greater biosecurity to avoid the transmission of animal diseases - travelling on a daily basis from somewhere away from the farm to look after the stock increases the risk of disease transmission including TB. o It is not practical to travel on roads frequently at night to inspect livestock which currently happens. o "Without someone living on the site, gates let open or fences driven through could result in livestock ending up on the roads or worse."
2.4 Also stated as part of the proposal in the report is a new agricultural shed and new stock shelters. New agricultural tracks are also stated as forming part of the application, as is a new western boundary fence. These aspects are not included in the application description on the application form or outlined in plans, and the applicant has confirmed via an email on 21.04.19 that the current application is for the approval in principle, further discussions will be had regarding agricultural structures etc. if this application were to be successful.
3.0 PLANNING POLICY 3.1 The site lies within an area of High Landscape Value and Scenic Significance and Woodland on the Town and Country Planning (Development Plan) Order 1982. There is therefore a presumption against development in this area as encapsulated in Environment Policies 1 and 2:
3.2 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
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3.3 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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 difference 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 General Policy 3 sets out a presumption against development in the countryside but includes instances where provision of new housing may be acceptable, including "(f) building and engineering operations which are essential for the conduct of agriculture or forestry." Further advice on agricultural development is provided as follows:
o 7.3.13 - "In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition."
o 7.13.4 - "It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the countryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing."
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."
3.6 The following is also relevant:
"8.9 New Agricultural Dwellings
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8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside.
8.9.2 Agricultural need should be established having regard to:
(a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm."
3.7 Housing Policy 7: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
The supplementary paragraph (8.9.3) states: "In judging whether the need is sufficient to over-ride other policies, particular regard will be had to:-
(a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of a farm; (c) the long-term viability of new or unproven agricultural enterprises such as smallholdings, market gardens, or horticulture; (d) the extent to which the applicant's employment in agriculture is only part-time; and (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm."
3.8 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."
o "8.9.4 Such a condition will not usually be removed on subsequent applications unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose."
o "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."
3.9 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."
o "8.9.6 The design of the building should also have regard to the various landscape policies, such as to preserve the character of the local landscape."
3.10 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."
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3.11 The site lies within an area of Narrow Upland Glens on the draft Landscape Character Assessment where the following advice is provided:
"Type B: Narrow Upland Glens The overall strategy for the protection and enhancement of the Narrow Upland Glens Landscape Character Type is to conserve and enhance: the distinctive well-wooded character of the glens; the distinctive field patterns on lower valley sides, defined by Manx hedgerows with mature trees; the pattern of winding roads, enclosed by sod banks, with small fords and bridges across water courses; the remote, tranquil, and unsettled character; and the various visible cultural heritage features, such as scattered abandoned mines.
Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
o Housing and business development would be out of place on the visually-sensitive upper slopes of the Narrow Upland Glens; o Care should be taken to ensure that any new development that is deemed necessary reflects local building materials and styles; is of an appropriate scale and relates well to existing buildings; and is well integrated with the surrounding landscape through sensitive siting and appropriate screen planting; o Linear development along road corridors which extends urban influences into the wider undeveloped countryside should be avoided; o New tourist or recreation development and related infrastructure, such as car parks and litter bins, should be sensitively designed and "low key" in nature; o Care should be taken to minimise visual clutter of highways infrastructure and signage on the steep, winding rural roads within Narrow Upland Glens; o New river crossings should respect the traditional scale and materials of existing historic bridges; o Vertical telecommunications masts or structures should be avoided on the upper slopes, since they would create visual clutter, affect open skylines, and/or detract from views from Narrow Upland Glens towards adjacent Landscape Character Types."
4.0 PLANNING HISTORY 4.1 An application (11/01294/A) was refused for approval in principle of an agricultural workers dwelling on the site. The following reason was given: "It is not accepted that there is currently sufficient agricultural justification for the proposed dwelling to satisfy the requirement in the Strategic Plan for such development to be "essential" and to demonstrate real agricultural need. As such, the proposed development would be contrary to Environment Policies 1, 2 and 15, General Policy 3 and Housing Policy 7."
4.2 A retrospective application for the maintenance and re-surfacing of a farm track adjacent to the proposal site was also refused (12/01534/B).
4.3 Other planning applications on the site and nearby have been both approved and refused prior to these, however, none are within the last 14 years and considered relevant to this application.
5.0 REPRESENTATIONS 5.1 The DEFA Arboricultural Officer has stated the following (10.04.19):
"To the east of the site proposed for this dwelling, on the bank sloping down to the A14 Sulby Glen Road, there is an area of mature woodland. These trees make a significant contribution to the character to this section of road.
One of the plans submitted with the application appears to show a drain installed through this area of woodland. If this application is approved a future reserved matters application should
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provide greater detail of where and how this drain would be installed, particularly how this would be done without causing damage to existing/retained trees."
5.2 DoI Highways have stated that they do not oppose the application subject to a condition requiring suitable site access arrangements to be proposed and agreed as part of a future reserved matters or detailed planning application (24/04/2019).
5.3 Lezayre Parish Commissioners state the following:
"The Commissioners will take guidance from DEFA to substantiate the need for an agricultural workers dwelling on this site. Is there sufficient increase in number of sheep from the last application in 2011? The Commissioners have concerns regarding the development on the site. In 2012 the owner undertook extensive works to the zigzag path above, without the authorised planning permission. Have any investigations taken place to assess the stability of the track since this work was undertaken? During the recent wet weather we noticed flooding on the road below with a build up of silt and also a build up of silt at the bottom of the track, which sometimes blocks the road gulley. What are the arrangements currently on site for the disposal of foul sewage?"
The Commissioners object to the application. (17.04.19).
6.0 ASSESSMENT 6.1 There is a general presumption against new development and housing in the countryside, as per the IOMSP policies outlined in section 3. This strict approach prevents the gradual loss of open countryside on the Island. One exception is where there is an established agricultural need for a farm workers dwelling, that is the basis on which this application is therefore assessed. As this is an application for approval in principle, it is the principle of a farm workers dwelling on this site which will be assessed only.
6.2 The application has provided statements supporting the case for a full time agricultural worker on this site, seen in 2.3.
6.3 One reason given for the dwelling by the applicant is the need of it to attract local labour to work on the farm. It is considered that the Isle of Man is small enough, and that the village of Sulby and larger town of Ramsey are close enough to the farm, that a short travel distance would be required for such a worker. It is not uncommon for farm workers to travel to their place of work, living off site, and there needs to substantial reasons for why an agricultural dwelling on the site is essential to the running of the farm.
6.4 The argument that having someone living on the farm would decrease biosecurity and increase the risk of disease transmission is not quantified by any evidence. The nature of sheep farming means that the livestock would be in various parts of the farm holding much of the time (and sometimes outside of it), the actions of these sheep are unlikely to be constantly monitored regardless of whether a farm worker lives on site or in an established dwelling 5 or 10 minutes down the road (or more). In many UK farms, there are examples of sheep farms with land spread over miles in all directions from the nearest dwelling. Similarly, the nature of the farm land in question would render access to sheep further up Mount Karrin difficult regardless of the location of a dwelling.
6.5 It is accepted that the farm requires the services of 1 farm worker to manage the roughly 400 ewes on the farm. What is not demonstrated however, is why the current arrangements (presumed living off site) are not sufficient and it is not considered that the site is located far enough from existing settlements to make any great improvement to the running of the farm. The application, as with any application for an agricultural dwelling, must be assessed on the basis of agricultural need. The fact that this farm has been operated, apparently with success, for several years would indicate that the provision of an on-site
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dwelling is not necessary for the farm's management at its current capacity and size. On the case officers site visit on 15th May 2019, the farm access lane was secured with a standard metal gate, the lane itself or area around the existing agricultural shed did not appear to be in heavy use at the time.
7.0 CONCLUSION 7.1 In conclusion, after careful consideration of the information provided by the applicant and the relevant planning policy, it is considered that there is a demonstrated need for a worker (one unit of labour) for this farm but there is insufficient established agricultural need to warrant an approval for a new agricultural dwelling on this site as opposed to the use of an existing dwelling or a continuation of the current arrangements. The proposal is contrary to the provisions of the Strategic Plan as outlined in Section 3 of this report.
7.2 It is not considered that the lack of sufficient agricultural need has fundamentally changed since the previous application in 2011.
8.0 INTERESTED PERSON STATUS 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.
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. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused
Date : 17.05.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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