PA 03/00057/A Review Refusal Appendix 3
Appendix 3
Town and Country Planning Acts, 1934 - 1991
Isle of Man Planning Scheme (Development Plan) Order 1982
Ray Corkhill Services Railway Inn Union Mills IM4 4NE
In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the application made by you on behalf of:
Mr Keith Fargher
Proposal: Approval in principle for the erection of agricultural retirement dwelling
at:
- Ballig Farm
- Glen Helen Road
- Ballaspur
- St. Johns
- Douglas
- IM4 3NG
which was considered on 29 August 2003, for the reasons set out in the attached schedule.
Date of Issue: 5th September, 2003
Murray House Mount Havelock Douglas Isle of Man
Note 1: The decision contained in this notice does not become final until:-
- the time for requesting an appeal in relation to any decision at review has expired; or
- any appeal has been completed.
Note 2: Rights of appeal against the decision of the planning committee are attached.
Note 3: An appeal may be requested within a period of 21 days.
Reasons For Refusal
Application Ref No: 03/00057/A On Review
- Whilst the Department does make provisions for farmers retiring from their holding under paragraph 2 of Planning Circular 3/88 this states:
"Unless real agricultural need can be established (which may include the need for a retirement home for a farmer) the normal planning considerations will prevail".
In this case, there is not evidence sufficient to demonstrate that the proposed dwelling would be essential for the continued operation of the farm given the size of the holding and the likelihood that the land would not be farmed on a full time basis by the occupants of the existing farmhouse. It is judged that there is no need for a further dwelling which would represent an unwarranted departure from the Department's policy against development in the countryside.
- The siting and design of the proposed dwelling would be inappropriate given that;
a) it would necessitate the loss of trees which would diminish the woodland character of the area which is recognised as "Registered Woodland" on the St Johns Local Plan 1999, and
b) the split-level design would be detrimental to the character and appearance of the area particularly when viewed from Mill Road to the north-west of the site.
NOTE Planning Circular 3/88 recommends that consideration should be given to the conversion of redundant farm buildings as an alternative to the construction of a new dwelling. The Planning Committee suggests that this option is considered as an alternative scheme.
NOTE