Agricultural Dwelling Planning Statement

existing operation. No appraisal is made for the projected expansion of the business. 3.3.3 The concluding paragraph is especially pertinent "Based on these comments, the "Approval in Principle for the erection of an agricultural workers dwelling. Field 614770, adjacent to Cummal Bed, Barroose Lane, Baldrine, Lonan" has many attractions to securing long term viability of this business, both with ensuring the business is staffed appropriately and that animal health and welfare is not affected." 3.3.3.1 In real terms the Department of Agriculture, Fisheries and Forestry provides support in terms of labour requirements for a new farmworkers dwelling on the land, the DoLGE accepts that the land, farmed in the manner it is as viable, what remains is whether the opinion of the Planning Department, through interpretation of the relevant policies can support the justification? 3.4 The Applicant submits that the farm is their only source of employment, the business is successful, and there are significant proposals for expansion of the operation which will make the operation more efficient and represent a more sustainable operation if allowed to be run from one location rather than as present from two sites. 3.5 Reason number 2 of the refusal notice needs to be considered in terms of existing use as well as proposed use. 3.5.1 The applicant currently drives from Onchan to the site in early morning, carries out early duties, then returns to home for

breakfast and to pack the children off to school. Both applicants then return to site to continue the daily work which currently involves, and will continue to involve, movements into and from the site. Once deliveries are complete and all collections made the close down for each day is made to the general buildings, however, a final check on the animal welfare and buildings is made which involves a further trip to the site from Onchan, late at night. 3.5.2 The applicant accepts that the detail of the access has yet to be provided and emphasises that the proposal will involve the opening up of an existing farm field access onto an established green track which is maintained by the Department of Transport. 3.5.3 The applicant submits that he uses both accesses equally and that larger deliveries always use the lane from the Barroose Road. 3.5.4 The access is well established and the number of movements daily would be reduced by the current proposals accordingly the applicant submits that the reason for refusal $\mathrm{N}^{\circ} 2$ should be disregarded.

The access from Barroose Road is over the ford and then along the green lane to meet with the surfaced track outside the application site.

4.0 The Applicant accepts the majority of the assessment by the Case Planning Officer and will not make further comment in respect of this save for Planning Policy 7 and the content of paragraphs 8.9.1 - 8.9.3 (inclusive). 4.1 The Applicant agrees with the Case Planning Officer in respect of: As the application seeks approval in principle it is apparent that design is not a matter for specific consideration as part of the Planning Application, so the issues raised by paragraph 8.9.6 and Housing Policy 10 can be set aside for the moment. Similarly, setting aside the principle for the time being, as the location of the application site is appropriately located relative to the agricultural activity there is not obvious conflict with Housing Policy 9. (My emphasis). 4.2 The Planning History is fully identified in the submissions, however, the applicant strongly submits that they have fully committed to the farm since forming the business in 2003. They have utilised family owned land and re-introduced a viable agricultural use to this land which otherwise had been lost. 4.2.1 Mr G.E Gelling applied for a dwelling which was erected, to be used in his retirement. This was acknowledged in the approval for the works in the wording of the conditions which "...Included one restricting its occupancy to persons employed or last employed in agriculture". As Mr Gelling is almost in full time retirement it is considered that the extant use of the site meets with the intent of

Housing Policy 7, in particular paragraph 8.9.3 (e), Housing Policy 8 in all respects

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

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 a 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."

Housing Policy 8 states: "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."

4.2.2 The applicant confirms that any reserved matters application will fully respect the intent of Housing Policy 7 and Housing Policy 8, also paragraph 8.9 .5 and submits that full justification is provided in the attached supporting documentation and that the efficient running of the farm simply is not acceptable without living on-site.

Paragraph 8.9 .5 states: "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." 4.2.3 The applicant confirms that any reserved matters application will be based on the full intent of Housing Policy 9, Housing Policy 10, Environment Policy 15.

Housing Policy 9 states: "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 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."

Environment Policy 15 states: "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." 4.2.4 The applicant confirms that any reserved matters application will be mindful of the content of paragraphs 8.9.1, 8.9.2, 8.9.4, and 8.9.6

Paragraph 8.9.1 states: "As is indicated in Chapter 7 (as 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."

Paragraph 8.9.2 states: "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 ??? 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."

Paragraph 8.9.4 states: "Such a condition will not usually be removed on subsequent applications unless it is shown that the longterm need for dwellings for agricultural workers, both on the

particular farm and in the locality, no longer warrants reserving the dwelling for that purpose."

Paragraph 8.9.6 states:

"The design of the building should also have regard to the various landscape policies, such as to preserve the character of the local landscape" 4.2.5 The applicant confirms that swapping the existing property with the owners of Cummal Beg is not an option. 4.2.6 The Case Officer's assessment of the agricultural viability, in particular in relation to the egg producing business is flawed in that whilst identifying labour elements for the agricultural business no weight is given to the egg grading operation which accounts for a further 0.9 standard labour units. In simple terms, without the grading, the business cannot operate and therefore should be added and referred to in any viability appraisal. 4.2.7 The applicant submits that the business requires full time commitment and that on a weekly basis the direct labour provided by the applicant amounts to 136 hours in the winter and 150 hours in the summer before any allowance for hired in labour.

Appendix A

Planning Refusal Notice