22 November 2005 · Minister for Local Government and the Environment
Ballacooley Farm, Lane From Rhencullen To Ballacooley Farm, Rhencullen, Kirk Michael, Isle Of Man, IM6 2hb
The proposal sought approval in principle for a new agricultural dwelling adjacent to existing farm buildings on Ballacooley Farm, an upland holding of over 200 acres used for sheep (300+ ewes) and highland cattle (47 head), accessed via a shared private track from the A3.
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The Inspector attached 'considerable weight' to DAFF Director Richard Lole's evidence that the welfare need for on-site residence is 'one of the strongest I have seen' due to sequential lambing of she…
Planning Circular 3/88 - New Agricultural Dwellings
Requires proof of real agricultural need to offset general objections to countryside dwellings. Officer/Inspector assessed via DAFF evidence on viability, labour needs (1.67 units), and welfare during extended lambing/calving; tipped balance as 'strongest case seen' despite prior refusals, unlike 1997 when Chief Adviser deemed not essential.
Planning Circular 1/88 Residential Housing in the Country
Countryside to remain substantially free from development; prefers agricultural dwellings in villages if need proven. Assessed as fragile upland but need justified exception; site screened, not prominent.
Planning Circular 3/91 'Guide to the Design of Residential Development in the Countryside'
Design policies 2-7 for rural dwellings (form, proportion, appearance). Condition requires compliance at reserved matters; Minister retained for clarity on rural constraints.
Time limit
This approval is in principle only and will remain valid for a period of 2 years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority.
Approved plans
This approval relates to the application site as defined by the red line on Drawing No SC13SK4 date stamped 25 May 2005.
Personal permission
This permission shall be for the benefit of Mr D Brewster only.
Agricultural occupancy
The occupation of the dwelling shall be limited to a person solely or mainly working or last working in the locality in agriculture, or a widow or widower of such a person, or any resident dependants.
Turning facility
Any subsequent reserved matters planning application must include a turning feature to permit a motor car to turn around within the site, so that the vehicle can emerge from the site in a forward gear.
Design constraints
The design of the proposed dwellinghouse must be in accordance with policies 2-7 of Planning Circular 3/91.
NO OBJECTION. Prefer single storey with natural stone; regularise vehicular access from shared private road.
Full-time viable unit eligible for support schemes; strong welfare need for on-site worker during lambing/calving; profitability ~£10k/year.
Multiple responses include objections from Highways Division on traffic and visibility issues, support from DAFF on agricultural need, strong objections from local residents J.S. and J.C. Kennaugh on farm viability and access, and objection from SPMCE.
Key concern: Inadequate visibility splays and traffic intensification at A3 access
Department of Agriculture, Fisheries and Forestry (DAFF)
SupportThe farm business is a full time unit, which on standard calculations would require 1.67 full time people to operate the unit; There is an animal welfare requirement for 24 hour supervision during the period of sheep flock lambing and also during the cattle herd calving, which would be best met through an individual living on site; I would recommend that this application is justified on the basis of agricultural need
Department of Transport Highways Division
ObjectionThe existing access lane to the small holding fails to offer stopping sight distance at 40 miles per hour; A3 as a primary strategic route... frontage access should be restricted
SPMCE
ObjectionThe Society wishes to OBJECT STRONGLY to this application; There is a long record of attempts to procure an additional dwelling here and we have record of 4 - 99/2319, 00/0708, 00/0847 & 00/1666
J.S. Kennaugh
ObjectionMr. Brewster lives near enough to the land at present to attend to the stock without difficulty; It is a narrow, unfinished lane... obvious increase in traffic volume would be of great concern
J.C. Kennaugh
ObjectionThe Planning Committee is not persuaded that a new dwelling... could not be managed from a dwelling outside but close to the site; If such a dwelling existed, the obvious increase in traffic volume would be of great concern
The original application PA 05/00992/A for approval in principle for an agricultural dwelling was refused by the Planning Committee due to lack of proven agricultural need and no material change from previous refusals. The appellant argued increased land ownership, stock levels, farm improvements, full-time farming commitment, and strong DAFF support for on-site residence during lambing/calving. The inspector found material changes since the 1997 dismissed appeal, attached considerable weight to DAFF's evidence of strong welfare need, dismissed highway and visual concerns, and recommended allowing the appeal subject to conditions. The Minister accepted the recommendation, overturning the refusal.
Precedent Value
This appeal shows that even after multiple prior refusals, robust DAFF support for animal welfare need, evidence of farm expansion/investments, and practical on-site necessities can justify countryside dwellings under Circular 3/88. Future applicants should secure detailed DAFF assessments emphasising 24-hour supervision periods and distinguish from precedents via specific changes.
Inspector: Michael Hurley
