30 March 2021 · Planning Committee
Field 414797, Scholaby Road, Colby, Isle Of Man, IM9 4ah
The proposal is for a two-storey modern farmhouse-style dwelling with a floor area of 135.93 sqm, attached single-storey utility room and double garage, finished in render, timber cladding, slate roof with solar panels, and uPVC windows, on a 39m wide curtilage in the southeast corner of field 414797 at Ballacorkish Fa…
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The officer assessed the proposal against the strict presumption against new dwellings in open countryside under Environment Policy 1 and General Policy 3, but found it acceptable as an exception due …
General Policy 3
Presumption against development in countryside but permits building essential for agriculture. Officer found proposal acceptable as farm worker's dwelling justified by labour needs, with sensitive siting and design.
Environment Policy 1
Protects countryside unless overriding national need outweighs protection and no alternative. Agricultural need for viable 350-acre farm outweighed countryside impact, with limited loss of Class 3 grazing land.
Environment Policy 15
Requires agricultural dwellings sited close to existing building groups, sympathetic scale/design/landscaping. Proposal adjoins cattle sheds/silage pit in farm cluster, screened by sod hedge, with beech hedge planting.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need demonstrated, considering farm viability, labour and succession. 3.05 labour units, family succession and cattle operations justified need.
Housing Policy 8
Occupancy restricted to agricultural workers or dependants. Condition imposed to ensure compliance.
Housing Policy 9
Siting within/adjoining farm buildings, set back from highway, via existing access. 9m from track with screening, uses farm access.
Housing Policy 10
Design per Planning Circular 3/91. Modern farmhouse form, slate roof, timber cladding suitable for rural context with modern farm buildings.
Environment Policy 4
Solar panels judged against environmental policies; distant views from road, supports energy efficiency without adverse impact.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Agricultural occupancy restriction
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.
Demolition if need ceases
Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, as required by condition 2 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.
Access and visibility improvements
Prior to the occupation of the dwelling hereby approved, the resurfacing of the first 5m of the existing access, and the cutting back of the height of the sod hedge to 1.05m to achieve the required 2m x 17m visibility indicated on drawing no. BLGA_02 Rev A must be undertaken in accordance with the approved plans, and shall thereafter be permanently retained as such. The re-surfacing must result in a bound surface such that no material is tracked onto the public highway. Reason: in the interests of highway safety.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping shown on drawing no. BLGA_02 Rev A 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.
No objection subject to conditions for visibility splay of 2.0m x 17m, bound surface access, and internal layout per drawing BLGA_02 Rev A
No objections, requested bird nesting advisory note
No Flood Risk Management Interest
No objection
Highway Services initially objected due to inadequate visibility but later raised no objection subject to specific conditions on visibility splays and access; other consultees including DEFA Biodiversity, Flood Risk Management, and Arbory and Rushen Parish Commissioners raised no objections with minor advisory notes.
Key concern: initial inadequate visibility splay from site access
Highway Services Division
Conditional No ObjectionHighway Services raise no objection to the proposal subject to conditions that a visibility splay of 2.0m x 17m is provided and vehicular access arrangements are in place before the construction of the dwelling.; Recommendation: DNOC
Conditions requested: visibility splay of 2.0m x 17m is provided; vehicular access arrangements are in place before the construction of the dwelling; internal layout to conform to drawing No. BLGA_02; advisory to apply to prevent the obstruction of the PRoW during construction; temporary order may be necessary for the closure or diversion of the PROW
DEFA Biodiversity
No ObjectionThe Ecosystem Policy Team confirm that we have no objections to this development.; However, we request the following note on approval.
Conditions requested: note on approval: All birds, their nests, eggs and young are protected by law (Wildlife Act 1990); Thorough checks for birds, their active nests and eggs should be undertaken prior to vegetation removal. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
Flood Risk Management Division
No CommentNFRMI; No Flood Risk Management interest
Arbory and Rushen Parish Commissioners
No ObjectionArbory and Rushen Parish Commissioners considered the following planning applications at a meeting this week and concluded they had no objection to them.; a) 20/01462/B Field 414797 (formerly 410982) Ballacorkish Farm Scholaby. Erection of a detached farm workers dwelling.
Highway Services Division
ObjectionThe application is unacceptable in terms of highways, as not all highway requirements have been met.; Recommendation: Additional information/ revisions.
