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The application site as indicated within the red line on the submitted location plan at Ballacooley Farm, Rhencullen, which is located on the eastern side of the A3 road and is northeast of Kirk Michael Village.
The farm includes a substantial barn and a silo, which are located east of the proposed farm workers dwelling. The access of the site is via a farm track which accesses onto the A3 road, which also serves the adjacent Ballafageen Farm.
The application site is within an area recognised as being an area of ‘white land’ not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, however the site is within an area zoned High Landscape or Coastal Value and Scenic Significance.
Approval in Principle for the erection of an agricultural dwelling – Ballacooley Farm, Rhencullen – 05/00992/A – Approved at Appeal on 6th July 2006
Extension to existing agricultural building - Ballacooley Farm, Rhencullen – 05/00991/B – Approved on 17th November 2005
Approval in Principle for the erection of agricultural dwelling, Field 646, Ballacooley farm, Rhencullen, Michael - 97/00037/A – refused at Appeal on 1st April 1998
Approval in Principle for erection of agricultural dwelling, Field 646, Ballacooley, Rhencullen, Michael – 91/01383/A – refused at Appeal on 2nd September 1992
The application proposes is a Reserved Matters Application for the erection of an agricultural dwelling. The proposed dwelling is a two storey detached, three-bedroom property, with an attached pitched roofed double garage.
Michael Commissioners:- Observations made
It would be nice to see the front elevation in a more nature external facing to mellow the appearance allowing it to blend better into the countryside.
Highways Division oppose the application:- Access for this dwelling was approved under PA 05/00992/A
The Isle of Man Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Chief Fire Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The owners and/or occupants of the "TY-Hesq", Douglas Road, Kirk Michael, object to the planning application, which can be summarised as, justification for such a large dwelling, the position of the dwelling is too prominent and would have a detrimental impact to the environment, the siting would overlook our own property as it is uphill from their property, to conceal the property it would be require to be dug into the hillside to a greater depth than suggests, the septic tank/soak away is positioned next to our own property and therefore leakages/seepages would run downhill into our property cause a polluting effect and the impact upon the environment.
The following Planning Circulars and Polices were taken into consideration when considering the previous application Planning Circular 1/88 – Residential Development – Houses in the Countryside and Planning Circular 3/88 – New Agricultural Dwellings. Therefore the principle of an agricultural dwelling is acceptable and therefore this application will only consider the design, siting, external appearance, internal layout, means of access and landscaping.
With regard to this application, Planning Circular 3/91 – Guide to the Design of Residential Development in the Countryside, needs to be taken into consideration with particular reference to policies 2-7. These policies deal with the siting, proportion & form, materials and window & door designs.
The property is a traditionally designed and attractive new dwelling and in my view complies with both the provisions of the approval in principle and Planning Circular 3/91. Whilst there are concerns regarding the size of the property, from the occupants of TY-Hesq, I do not see how the property could be much smaller without losing its traditional proportions. There are three bedrooms of typical size, with one en-suite and there is one bathroom and therefore similar to many approved agricultural workers dwelling within the Island.
Whilst the occupants of TY-Hesq express concern regarding the agricultural dwellings size and impact (overlook) on their property, and suggestion that the building, should be located further away from their boundary, whilst moving the proposal further away would reduce overlooking, I am of the opinion that the proposal would not give raise to significant overlooking to warrant a refusal on these grounds, particularly as the dwelling would be approximately 140 metres apart and as the windows which look in the direction of TY-Hesq, particularly the first floor windows, are bedroom windows which are not primary habitable rooms (i.e. lounge / kitchen). Additional, the proposal is to be within the hillside; this will therefore screen the majority of the ground floor of the proposed dwelling when viewing from the south of the site and would also be screened from the north and west due to the existing vegetation (trees & hedges).
With regard to the soakaways and the location of the septic tank, these issues would be consider at any subsequent Building Regulations Application and would be required to comply with certain standards, to prevent seepages etc.
For the reasons stated, I consider that the proposed agricultural workers dwelling would comply with Planning Circular 3/91 and therefore the proposal would be appropriate in this location and therefore my recommendation is for an approval.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Michael Commissioners
Highways Division
"TY-Hesq", Douglas Road, Kirk Michael
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
Isle of Man Water Authority The Chief Fire Officer
Recommended Decision: Permitted
Date of Recommendation: 12.03.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted documents and drawings SC 913 SK 2 and SC 913/P/01 all received on 18th October 2006 and 7th March 2007.
C 3. The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including the dependants of such persons as aforesaid.
C 4. This permission may be taken up only by Mr D Brewster.
C 5. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.
N 1. For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
N 2. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 15/3/07
Signed : M. I. McCauley Director of Planning and Building Control
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