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relevant example and has precedence in many ways to this application. Although Mr Taggart has sons to take over the farm, which Mr Christian does not, the principle of the need to provide continuity and assistance for the farm / livestock management is we feel very relevant. The footprint area of the approved dwellings are also larger and not as close to the main farm buildings as we are proposing but at the main road access point.
4.1 The site is designated within the wider area of land as specified in the Isle of Man Scheme (Development Plan) Provisional Order 1982. 4.2 The Isle of Man Strategic Plan 2007 ( 1st August 2007) contains several policies that were in the Planning Departments opinion considered material to the assessment of and refusal of the application.
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); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.
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 alsobe 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.
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.
New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 8.9.3 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 small holdings, 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.
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. 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.
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. 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.
Housing Policy 10: states
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. 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
5.1 The planning application seeks approval for erection of an Assistant Managers Agricultural Cottage with associated hard standing yard and landscaping. The proposed 2 bed cottage is a modestly designed unit on the basis of Circular 3/91 for properties in the countryside. With a footprint of plus conservatory and set within a modest 748 m 2 ( 13th Acre) residential curtilage plot in the corner of Field No. 220846 which has an established field gate access at the proposed point of entry. The plot being set as close as possible to the existing farm yard area by some 4 m separated only by the existing farm track. See appendices site plan layout drawing 5.2 In accordance with normal procedure the Planning Authority have sort the advice of the Agricultural Advisor for DEFA to establish the existing farm operational needs, land areas farmed, stock levels and practices to establish need, advantages and justification. Mr C Kneale (Agricultural Advisor for DEFA) submitted his assessment report dated 25th Feb 2013 . A copy is enclosed to the appendices of this submission. This report clearly sets out as in previous applications, for which approvals have been given for the farm development and expansion, the current farm position for all the elements set out above. The report clearly indicates by calculation the need for 2.62 labour units. This as clarified by Mr Kneale equates to 2No. full time farm operatives. 5.3 Turning to Mr Christian he is a sole 58 year old farmer operating 240 acres of land split over the main Seafield Farm site, Ballacurn hillside Ballaugh \& Cronk Bane, Kirk Michael. Mr Christians position is such that he has no other family members operating or intending to operate within the business. The need is for a minimum of 1 No. additional person who can offer 24 / 7 on site operative cover for the immediate and future planning / expansion of Seafield Farm. Mr Christian has applied to implement this much needed full time labour requirement by building, at his own cost, a new 2 bed Assistant Managers, as close to the farm yard / shed activities as is physically / practically possible. This would be offered as part of an attractive package to encourage the right and committed individual with if possible a family commitment to the longterm farm development. Mr Christian in his current position has not had a proper break for many years and is very much restricted by the need for 24 / 7 coverage. A proper, committed Assistant Manager on site, who will eventually be looked at to increase their involvement in the overall management / ownership and take on the farm in years to come as Mr Christians involvement is reduced with age. This cannot be covered by casual or even full time local labour.
5.4 The recent none seasonal bad snow conditions and the Agricultural effects on the Island Community at large has only proven further the need for Farmers, if viable to improve their operations and cover where they can. With the massive lost of livestock and additional cost implications for losses, increased labour requirements, stall food costs etc, let alone the mental trauma for all involved, it is to be supported and encouraged any farmer willing to advance the development and management of their farm holdings. Mr Christian has committed to do this at his own, not insignificant cost in a time when many farms will be looking simply at survival. 5.5 The Planning Authority has suggested that local labour could be employed and housed within the local communities of Ballaugh \& Kirk Michael. This is none viable for the following points, namely:
5.6 DEFA has reported that the proposal and offers many agricultural attractions to the future business development. It should be noted in our opinion, that the proposal does not simply offer future attractions, but is an essential part of the present needs for livestock husbandry and farm development. The DEFA report shows the need for an increase in labour requirement. The proposal will therefore generate the immediate additional Assistant Manager position and with continued farm development inevitably create future labour positions within the Agricultural industry and assist the present economic fiscal position of the Island Economy as a whole.
5.7 Although the Strategic Plan has been established to offer guidance, the present thought process now of the IOM Government is certainly one where business development and economic expansion should be encouraged.
6.1 The Planning Authority refusal of the application is based on what they state "..whilst the attractions of a new dwelling are readily understandable the need to protect the countryside outweighs this... ". We very much dispute this and feel that the evidence presented by ourselves and the DEFA independent report there is a clear cut need. 6.2 The proposed positioning of the proposal as close as possible to the existing established farm building group is such as to minimise impact and is to be carried out in a design style promoted by the Planning Authority for such dwellings under 3/91. The proposal is sited 180 m from the main road at the extremity of the existing farm access track farm yard entrance. 6.3 We feel the justified Agricultural need and the present established farming taking place is in itself is need enough to overturn the original refusal. How else is this farm to remain both viable and look to business expansion other than stagnating in this hard economic period which is impacting seriously on Island Agriculture as a whole. 6.4 All previous applications made by the Applicant with good justification has been encouraged through approval by the Planning Authority. 6.5 In order that the Island Agricultural Industry can remain viable and have a long term future, Farmers where possible must be assisted and encouraged to implement farm improvements such as this that allows sequential planning and facilitates the creation of labour positions / opportunities within the industry for younger personnel and families. The IOM Strategic plan points to the encouragement of Agriculture where possible. 6.6 It is hoped that evidence presented will be viewed positively by the Inspector and lead to the overturning of the recent refusal which we feel is unjustified and restrictive. It does not assist Mr Christian to develop his farm and allow immediate \& future planning for its ongoing operation and sequential retirement strategies. 6.7 We would ask therefore that the Appeal be upheld and original refusal overturned to allow a positive outlook to Seafield Farm for the future.
13/00075/A Mr S Christian AIP Assist Farm Managers Cottage, Scaffold Farm, Bollyn Road, Ballaugh
13/00075/A Mr S Christian AIP Assist Farm Managers Cottage, Seafield Farm, Bollyn Road, Ballaugh
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