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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01462/B Applicant : Miss Eleanor Gawne Proposal : Erection of a detached farm workers dwelling Site Address : Field 414797 (formerly 410982) Ballacorkish Farm Scholaby Road Colby Isle Of Man IM9 4AH
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.03.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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.
C 2. 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 3. 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.
C 4. 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.
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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.
C 5. 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.
N 1. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:
o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst o it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins, and pigeons have been known to nest year round if conditions are favourable. 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.
This application has been recommended for approval for the following reason. The development is considered to accord with General Policy 3, Environment Policies 1 and 15, Housing Policies 7, 8, 9 and 10 and Energy Policy 4 of the Strategic Plan.
Plans/Drawings/Information; This approval relates to the Planning Statement, Standard Labour Calculations and drawings BLGA_03, BLGA_04 and BLGA_05, all received on 17th December, 2020; and drawing no. BLGA_02 Rev A received 11 February 2021. __
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 DEVELOPMENT COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN
1.0 THE SITE
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1.1 The application site is the southeast corner of field 414797 (formerly 410982), Ballacorkish Farm which is accessed from the Scholaby Road which is to the northern side of the A7 highway. The site is a large holding with a large amount of land associated with it.
1.2 The buildings include a number of stone outbuildings and a couple of buildings which are of more modern construction. There is also the main farmhouse sited on the farmyard. Along with the land defined in red, are additional agricultural land which envelopes the entire southern and eastern boundaries of the site, stretching as far as the rear of the dwellings on the northern side of the A7. There is also an area of land as large as the application field situated on the southern side of the A7 within field 414187.
2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of a detached farm workers dwelling on an agricultural field 414797 (formerly 410982), utilising the existing access to the farm yard described above. The new curtilage of the dwelling would be approximately 39metres across at its widest point. Between the curtilage and the existing farm lane is existing sod hedge which runs along the entire eastern boundary of the site, opening up only at the existing gate in Manx sod Hedge within which access to the dwelling shall be created.
2.2 The dwelling would be a two storey dwelling of modern farmhouse design with an attached single storey pitched roof utility room/shower and double garage on the eastern elevation, finished in two coat sand and cement render with paint finish, although the entire east elevation which front onto the access lane and large sections of the front elevation would be finished in timber cladding. The dwelling would also feature a flat roofed open entrance porch. Windows on the property would be double glazed UPVC units, and the dwelling would feature a pitch roof covered in slate roof tiles with solar panels laid over the front and rear roof plane.
2.3 The site would also feature a new Bio-disc treatment plant and soak away on its southern end, with an undefined parking and turning area within the site. A new beech hedge about 26m long is also proposed on the western boundary of the site to provide a form of screening for the dwelling. The building would have an overall floor area of approximately 135.93sqm.
2.4 The applicant has provided details of the standard labour unit requirements which indicates that the farm is a substantial farm that would benefit from the additional farm workers dwelling to cater for the additional farm labour on the farm. The land available to the farm amounts to 350 acres with 90 acres used for cereal, 3 acres for maincrop and 257 as grassland. Currently 3.05 labour units are required on the farm.
2.5 The applicants have also provided a detailed Planning Statement which clearly articulates the need for the additional farm dwelling on the farm, the desire to achieve some levels of energy efficiency for the new dwelling and chosen finish to ensure the dwelling blends into the site area and surrounding landscape which is purely agricultural. The house is intended to house a member of the family who currently supports the running of the farm, in addition to enabling a smooth transition to new management as the applicant plans to retire soon and transfer management of the farm to a member of the family.
2.6 Extracts from the Planning Statement are presented below:
i. Ballacorkish Farm has been registered with the Agricultural Development Scheme since its inception (Registration Number AB1174) and comprises of a dairy herd, cattle and arable;
ii. The farm is a working family farm with approximately 80 dairy cows, 80 beef cattle and 60 beef calves. The application site is situated in field number 410982 within the complex of agricultural buildings on Ballacorkish Farm;
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iii. The recent COVID19 pandemic has focussed attention on a genuine need to ensure there is a realistic succession plan for the farm. Having been a family farm since 1966, the owner is keen for the farm to remain with the family, and whilst his children do not currently work full time on the farm, long term there will be a need for increased family involvement taking on more and more of the management and responsibilities of running the family farm.
iv. The farm would benefit from the availability of labour to assist with the milking on the farm. Equally with cows calving all year round there is an increased requirement for expectant cows to be observed regularly through the night and for calving cows and calf to be assisted at birth to ensure that the health and welfare of both is not an issue. Should the applicants daughter be able to live on site, the majority of the morning milking would be taken over by the intended applicant whilst freeing up the applicants wife to assist with school run for the daughter thus providing much needed relief with minimal impact on family life.
v. The applicants have explored the option of housing the daughter close by, such as the Colby Level or Ballakillowey, which would still impact of her availability to support the farm. Likewise it is not viable when help is needed for a 15-30 minute task, for example, it would not be viable to provide help for a 15-30 minute task when factoring in journey time coupled with getting children ready. It is only by being on site that she can help make a big difference to the running of the farm.
vi. The applicants have also looked into the option of building a single storey bungalow for the retiring farmer with the daughter utilising the existing farmhouse. However, the applicant would be unwilling to move out of the home he has lived in for the last 55 years. Secondly, the location of the unfenced farmhouse within the farmyard poses significant health and safety risks to a young family as it is in close proximity to the busy working farmyard, slurry pit and grain augers. The only realistic way to alleviate these risks would be to place a compound around the farmhouse and there isn't sufficient space around the existing farm house.
vii. Since the farm has always been run as a family enterprise and as such relies on labour from family members that is not remunerated. Whilst farming is not currently a source of monetary income to the applicant's daughter and spouse, the time spent at the farm is paid back in kind by providing the childcare. As her youngest child approaches school age, she will have more free time which needs to be spent assisting my father to ensure that the farm remains a viable enterprise. As outlined earlier, the essential help that the retiring requires can only realistically be achieved by the daughter residing on the farm.
3.0 PLANNING POLICY 3.1 The application site is within an area of whiteland/open countryside identified on the Area Plan for the South 2013. The site is not within a Conservation Area and the site is also not within a flood risk zone as indicated on the Isle of Man Indicative Flood Maps - River & Tidal flood risk, although the farm track which serves the application site is considered to have low likelihood of surface water flood risk. As such, the following Strategic Plan policies are considered to be relevant in the assessment of the proposal:
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."
3.3 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
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and engineering operations which are essential for the conduct of agriculture or forestry." Further advice on agricultural development is provided as follows:
3.3.1 Paragraph 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."
3.3.2 Paragraph 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."
3.4 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."
3.5 The following is also relevant:
3.5.1 "8.9 New Agricultural Dwellings
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.
3.5.2 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."
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3.6 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."
3.7 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."
3.7.1 "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."
3.7.2 "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."
3.8 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."
3.8.1 "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."
3.9 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."
3.10 Planning Circular 3/91 'Guide to the Design of Residential Development in the Countryside' is also of specific relevance to this application:
3.10.1 Policy 2: "New buildings are to be integrated with the landscape and where in groups, with each other. Single buildings in prominent locations can only be considered if they are satisfactory in all reports and include landscape proposals."
3.10.2 Policy 3: "The shape of small and medium sized new dwellings should follow the size and pattern of traditional farmhouses. They should be rectangular in plan and simple in form. "
3.10.3 Policy 4: "External finishes are expected to be selected from a limited range of traditional materials."
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3.10.4 Policy 5: "Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms."
3.11 Development associated with renewable energy is referred to in the Strategic Plan as follows:
"12.2.8 The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one".
Accordingly:
Energy Policy 4: Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA."
4.0 PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning applications, although the broader site area has been the subject of a number of application for buildings to support the operations on the farm.
4.2 The applications for the broader site area include: 4.2.1 PA 15/01025/B for Erection of two agricultural buildings (comprising amendments to PA 14/01273/B), which is the most recent planning application for the farm. This was approved in October 2015.
4.2.2 PA 14/01273/B for Erection of two agricultural buildings. Approved in December 2014.
4.2.3 PA 99/01881/B for Replacement of Farmhouse roof. Approved in February 2000. This farm house is currently occupied by the farm owner who is about retiring from active involvement in the farm.
4.2.4 PA 86/00570/B for Demolition and erection of replacement Dutch barn, Ballacorkish Farm, Scholaby Road, Rushen. Approved.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division made the following comments in the letter dated 28 January 2021:
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The application is unacceptable in terms of highways, as not all highway requirements have been met.
The proposal has displayed adequate parking space is available on site. The parking requirement for a new dwelling, laid out by Strategic Plan 2016, is two spaces. The garage is drawn to a suitable size to be used as a double garage with room for internal bicycle parking also. Additionally, the proposed driveway is large enough to park extra vehicles without disrupting vehicle movements to and from the site.
The submission has not demonstrated that adequate visibility can be gained from the site access. The proposed access leads onto a Public Right of Way (PRoW). The PRoW appears to be narrow and of uneven surface, with little forward visibility. This would result in low vehicle speeds. The lane provides access to only farm house and farm land, resulting in few vehicle trips along it. Therefore, a minimum visibility of 43m is required based on Manual for Manx Roads standards.
The alterations to the highway, in the form of creating a new access, will require a Section 109(A) Highway Agreement to be made post planning consent.
Highway Services request that the applicant submit additional information/revisions demonstrating that a minimum visibility splay of 2.4m x 43m can be achieved at the point of the proposed access.
Recommendation: Additional information/ revisions.
5.1.1 Having reviewed the information provided by the applicants supported by a site visit, DOI Highways have made the following comments regarding the application in a letter dated 8 February 2021:
Previous Highways response dated 28/01/2021 requested the submission of additional plans to demonstrate that visibility of 2.4m x 43m in both directions could be achieved from the new access. The proposed dwelling is accessed via a local access road off the A7. This road is adopted highway until the point it reaches Ballacorkish Farm, from then on the road becomes a private access road subject to a Public Right of Way (PRoW).
Representations made by the applicant in response to the first Highways submission requested a site visit to assess the visibility requirements. It was discovered that the private access lane is made of unbound loose rock with large potholes appearing throughout and frequently. In the absence of speed count data, the lane was driven to gauge the speed at which vehicles travel. Due to the surface condition of the lane, vehicle speeds are low, expected to be approximately 10-15mph.
The access lane is of private ownership and private street requirements apply, typically for visibility this amounts to 2.4m x 23m. In this instance, the visibility requirements can be reduced to suit current road conditions. As the typical vehicle speed along the lane is approximately 15mph this will require visibility splays of 17m in both directions at a setback distance of 2.0m. The existing hedgerow around the proposed access must be reduced in height to a maximum of 1.05m to enable proper visibility. The creation of a new access must conform to the Manual for Manx Roads specification for dwellings remote from the highway, including a minimum approach width of 5.0m. Any gates must be setback a minimum of 5.0m and the area between the track and the gate form of a consolidated and bound surface. Any alterations to the existing private access lane must ensure that pedestrians are still provided with unimpeded movement along the Public Right of Way. On construction, a temporary order may be necessary for the closure or diversion of the PROW.
The internal layout remains satisfactory for parking, turning and waste bin storage.
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Under these circumstances, the proposal is unlikely to cause significant road safety or highway network efficiency concerns. Accordingly, Highway 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. The internal layout to conform to drawing No. BLGA_02. An advisory to apply to prevent the obstruction of the PRoW during construction.
Recommendation: DNOC
5.1.2 In response to the request to provide the required visibility for the new dwelling, the applicants have provided the revised plans (drawing no. BLGA_02 Rev A) dated 11 February 2021.
5.2 DEFA's Ecosystem Policy Officer has made the following comments regarding the application in a letter dated 11 February 2021:
The Ecosystem Policy Team confirm that we have no objections to this development. However, we request the following note on approval:
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst o it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins, and pigeons have been known to nest year round if conditions are favourable. 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.
5.3 DOI (Flood Risk) state No Flood Risk Management Interest.
5.4 Rushen Parish Commissioners have stated that they have no objection to the application in a letter dated 28 January 2021.
6.0 ASSESSMENT 6.1 With regard to the current application, the key considerations are:
i. The Principle of the Development - Agricultural Justification; ii. The siting and design of the development proposed; iii. Environmental Concerns; iv. Highway safety matters.
6.2 The Principle of the Development - Agricultural Justification
6.2.1 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
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agricultural need for a farm workers dwelling, which is the basis on which this application is therefore assessed.
6.2.2 Housing Policy 7 states that new agricultural dwellings will only be permitted in the exceptional circumstances where real agricultural need is demonstrated. In judging whether the need is sufficient to over-ride other policies, paragraph 8.9.3 sets out the criteria to what particular regard in assessing the agricultural need will be had to. This comprises the following, (a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of the 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. Criteria d and e are not relevant in this case.
6.2.3 In relation to (a), the applicant's agent has stated that the fields in question which comprise the application farm holding is currently under the ownership of the applicant and presently serves as part of the field that has been used predominantly by some of the older cows who have issues walking on concrete, and it's only a short walk to and from the milking parlour, with the dwelling only taking up a small section of the field. The main farmer (father) continues to live in the original farmhouse with its surrounding buildings and yard. The land in question is therefore not separated from the original farm buildings and dwelling, as it is under the same ownership as the entire farm which is a family farm and has been since 1966, but would serve to enable another member of the farm live on the farm and support the farm operations.
6.2.4 In terms of the long-term viability of the agricultural enterprise, the farm is 350 acres of agricultural land and currently supports 80 dairy cows, 80 beef cattle and 60 beef calves. As such, it is considered that the applicant has established a viable agricultural enterprise of which the farm associated with this application would form part.
6.2.5 In terms of wider agricultural need, it is accepted that there is currently an agricultural dwelling (farmhouse) connected with the 350 acre farm in question. The applicant has stated that the dwelling would be occupied by a member of the family who whilst not a full time farmer is currently not engaged in another form of full time employment and as such her residence on the farm would aid to facilitate her active participation in the farm operations and seamless integration into the farm management given that the main farmer (father) is nearing retirement. Also, the provision of the dwelling would be in accordance with the labour unit requirements of 3.05 at the time of the application; an agricultural need which is based on the existing farm holding.
6.2.6 In some instances, such as for the farming of hill sheep and arable farming, it is not always necessary to have an agricultural worker living at the farm. However, with cattle this tends to be a greater requirement due to the labour hours needed relative to those other types of farming - this is especially the case for non-automated dairy farming and to some extent, beef cattle. The use of the farm is proposed as a mix of crops and beef cattle wit crops taking up less than 25 percent of the labour requirements. It is therefore considered that whilst the crop farming aspects may not require a permanent presence on the farm, the cattle would and as such having additional labour on site beside the aging farmer would benefit the operations. As the various aspects of the farm are to be undertaken together, it is considered that having a permanent additional member of the family on site to facilitate the farm operations may be justified.
6.2.7 In assessing the agricultural need for a dwelling on this site, and therefore the principle of the dwelling proposed, special regard is given to the extent to which the occupier's employment in agriculture is only part-time; and in the case of a retiring farmer, whether the
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proposal would result in vacation of an existing farm dwelling for agricultural use. In this case, the applicant intends to live in the existing farm house, whilst the daughter who would work to support the farm operations would live in the new dwelling and gradually take over the farming operations, although the applicant would still be involved in the farming activities.
6.2.8 Turning to the specific policies which relate to new farm worker's dwellings, HP7 sets out that such development will only be permitted where is demonstrated that it is essential to the conduct of agriculture. The details contained in the calculation of standard labour unit requirement indicates that the new dwelling is agriculturally justified and would help to sustain the existing family farm business. The personal circumstance of the applicant who want to position his family members to take over the faming business (which is a family business) whilst still involved in the farm operations also aligns with paragraph 8.9.3 (e) of the Strategic Plan. Overall, the principle of the dwelling is considered acceptable on the basis that it is essential to the conduct of agriculture given its benefits for the viability of the farm due to its size, type and position as a growing enterprise, and the need to have additional farm labour on site.
6.3 Siting and Design
6.3.1 In terms of siting and design, a number of the aforementioned policies are key in this assessment. In addition to Environment Policy 1 which broadly covers the protection of the countryside, Environment Policy 15 and Housing Policy 9 (a) make clear that any new agricultural dwelling must be sited within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm. In that respect, the proposal would be sited close to the single existing cattle sheds and silage pit on the farm. However, it would also be sited in the corner of the closest field to the north east of the original farm yard and dwelling; effectively sitting within an existing building cluster which abuts the existing farm track serving the farm and surrounding farms.
6.3.2 Housing Policy 9 (b) specifies that such a dwelling must be sited well back from any public highway. The main dwelling would be about 9 metres from the side of the existing farm track, with a dense sod hedge between, providing a degree of screening when viewed from the track. Additionally, as required by Housing Policy 9 (c), the dwelling as proposed would be accessed from the existing farm access which services the field and the barn to the south west. In respect of Housing Policy 9 and Environment Policy 15, the proposal is considered acceptable.
6.3.3 Design specifics are also covered by planning policy to an extent when it comes to the design of new dwellings in the countryside. Generally, traditional farmhouse or cottage design features are preferred, although this depends on the specific site context, and in some cases contemporary dwellings of outstanding design may be acceptable. In this case, the proposed dwelling would be a modern two storey farmhouse design with basic form with regular fenestrations and central entrance, with slate roof finish on its steeply pitched roof; the main entrance door and window proportions, as well as layout follow traditional rural forms. In addition, a single storey utility and double garage which takes a simple rectangular form and appears as an extension to side is proposed to the east elevation. The use of materials proposed such as roof slates and the timber cladding (not evident on existing buildings on site but suitable for the rural setting), and the form of the dwelling which would be in keeping with traditionally design (bulk and scale) as per Planning Circular 3/91; although with a modern approach would well be in keeping with the modern agricultural buildings which are now on site and within close proximity to the new dwelling. Therefore, it is considered that the design of the dwelling itself, although not traditional is considered to generally accord with the guidelines stipulated in Planning Circular 3/91 in terms of form, scale, layout and build, and would be fitting with its surrounding context.
6.4 Environmental Concerns
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6.4.1 The site in question is grazing land, and therefore would not see the loss of any particularly ecological feature in terms of the ground itself, although the works to create the access holds the potential to impact on biota on the sod hedge given that it could serve as habitat for wildlife. Whilst no objections have been received from the Ecosystem Policy team, the applicants have been notified of the potential for the proposed works to impact on habitat on the site. It is therefore considered that environmental concerns relate mainly to the loss of agricultural land in terms of the curtilage of the proposed dwelling which is mainly Class 3 soils. Noting that Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management; it is not considered that this loss would be sufficient to warrant refusal for a dwelling aimed at improving agricultural productivity on the farm and the island as a whole since Class 3 soils are not the most suitable for agricultural production (see paragraph 7.13.1 of the Strategic Plan).
6.4.2 In terms of the wider impact on the countryside, and Environment Policy 1, it is noted that no objecting consultations or representations have been received in relation to the ecology of the area. The site is currently agricultural land, and would be considered of limited ecological value. The introduction of planting through landscaping works and the planting of the new Beech hedge on the western boundary of the application site may actually increase the ecological value of the site. The proposed dwelling would however see a reduction in open agricultural land. This would be somewhat offset by the justification of the dwelling for the management of the surrounding agricultural land. The site is not considered to be so large an area as to be unacceptably detrimental to the availability of agricultural land, or detached from the existing farm cluster to be considered an unacceptable built intrusion into the countryside. Any such concerns are outweighed on planning balance by the agricultural need demonstrated.
6.4.3 Environmental Impacts of Solar Panels 6.4.3.1 The installation of the solar panels at the site is not considered to have any adverse impacts on the application property or the locality and will accord with the general support given to the introduction of renewable and alternative energy sources as set out in the Strategic Plan, and is not required to provide an EIA. Their introduction here is expected to help contribute to the overall operation and energy efficiency of the property and the farm which is situated in the countryside. Whilst views to the solar panels would be attainable from Scholaby Road, only distant views would be achieved. As such, the position of the solar panels on the dwelling within the field would not spoil the character of the surrounding countryside. In this respect the proposal is considered to comply with Policy 1, Paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan.
6.5 Highway Safety
6.5.1 As already indicated, access to the dwelling would be achieved from the existing farm access to Ballacorkish Farm which is accessed from the Scholaby Road. The applicant has provided visibility splays drawings which shows that 2m x 17m visibility in the north and south direction is achievable. It is also considered that the additional use of the existing access for additional residential access and associated vehicles would not unacceptably intensify the use of the access, resulting in highway safety concerns. The site would however benefit from conditions to reduce the height of the existing hedgerow on the eastern boundary to a maximum of 1.05m to enable proper visibility, ensuring the new access has a minimum approach width of 5.0m, making certain that any access gate must be setback a minimum of 5.0m, and ensuring that the area between the track and the gate is formed of a consolidated and bound surface as stipulated by DOI Highways.
6.5.2 As well, the two potential parking spaces within the proposed integral garage, and the parking/turning/driveway area in front of the garage, would meet the minimum Strategic Plan parking standards requirement of two spaces per dwelling. Furthermore, DOI Highways have raised no objection to the scheme which indicates compliance to Highway requirements.
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7.0 CONCLUSION 7.1 On the basis of the above, the application is considered finely balanced but acceptable and recommended for approval subject to conditions.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 29.03.2021
Signed : P VISIGAH 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
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