**Document:** Officer Planning Report **Application:** 10/01574/REM — Reserved Matters Application for erection of an agricultural worker's dwelling **Decision:** Permitted **Decision Date:** 2011-01-21 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/13826-lonan-barroose-lane-reserved-matters/documents/1181288 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Application Site And Planning Application The application site comprises a parcel of land located on the western side of Barroose Lane, approximately 75 metres from the junction with Main Road and opposite an existing dwelling known as Cummal Beg, in Lonan. The planning application seeks approval of reserved matters for the erection of an agricultural worker's dwelling on the application site. Approval in principle for the erection of an agricultural worker's dwelling was granted through the approval of previous planning application 09/00973/A. #### Planning History The application site, and surrounding land identified as being within the ownership or control of the applicant, has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application: Planning application 09/00973/A sought approval in principle for the erection of an agricultural worker's dwelling on the application site. This previous planning application was refused by the Senior Planning Officer on the 17th November 2009. However, a subsequent appeal against the refusal was upheld by the Minister, contrary to the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 2nd June 2010. There were six conditions of approval: 1. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission. 2. Approval of the details of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced, 3. This approval in principle relates to the land defined by the red line on drawing no. MBGF-01 date stamped the 4th June 2009. 4. The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such person; or any resident dependants. 5. The layout of the development must allow an average car to be able to enter and exit the application site in a forward gear. 6. A minimum of two on-site car-parking spaces must be provided within the application site. ## Representations Lonan Parish Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Division do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application. ### Planning Policy In terms of land use designation the application site is located within wider areas of land that are designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. There are two policies within the Laxey and Lonan Area Plan Order 2005 that are considered specifically material to the assessment of the planning application. Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general." Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains eleven policies that are considered specifically material to the assessment of this current planning application. Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: - (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); - (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; - (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); - (e) location-dependent development in connection with the working of minerals or the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agriculture or forestry; - (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and - (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." Environment Policy 1 states: "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." Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: - (a) the development would not harm the character and quality of the landscape; or - (b) the location for the development is essential." Environment Policy 15 states: "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." Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: - (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; - (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and - (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." Housing Policy 7 states: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated." Housing Policy 8 states: "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." Housing Policy 9 states: "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." Housing Policy 10 states: "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." ## Assessment The planning application seeks planning approval of reserved matters for the erection of an agricultural worker's dwelling on the application site. As stated earlier in this report approval in principle for the erection of an agricultural worker's dwelling was granted through the approval of previous planning application 09/00973/A. As the planning application seeks approval of the reserved matters of that previous planning application it is not its role to examine the principle of erecting a dwelling on the site. Rather, its role is to determine whether the proposed development accords with any conditions attached to the approval in principle and assess the proposal against any remaining planning policies. The proposed development meets the relevant planning conditions attached to the approval in principle planning approval. Given the approval in principle the only remaining planning policy considered specifically material to the assessment of this planning application is Housing Policy 10 of the Isle of Man Strategic Plan 2007. In terms of this policy the proposed dwelling is concluded to be traditional in form and appearance, thereby according with the provisions of the policy. It is recommended that the planning application be approved. ### Party Status It is considered that the following parties that made representations to the planning application should be afforded interested party status: Lonan Parish Commissioners. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: The Department of Infrastructure Highways Division; and The Manx Electricity Authority. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 04.01.2011 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : 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 drawing no. 02 date stamped the 26th October 2010 and drawing no. 10 date stamped the 16th December 2010. C 3. The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such person; or any resident dependants. C 4. Prior to the occupation of the dwelling the access arrangements and vehicular visibility must be set out in accordance with drawing no. 10 date stamped the 16th December 2010. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : Signed : Senior Planning Officer --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/13826-lonan-barroose-lane-reserved-matters/documents/1181288*