**Document:** Officer Report 06/00054/A **Application:** 06/00054/A — Approval in principle for the erection of a dwelling & garage **Decision:** Refused **Decision Date:** 2006-07-12 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/80127-st-johns-fields-312605-and-new-build-garage/documents/1217735 --- # Officer Report 06/00054/A ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] 10.02.06 - Commissioners do not wish to make any comment on this application until detailed plans are received. ## Officer's Report ### The Site The application site forms an area of land to the north of Ballaleece Farm, Peel Road, German. Access to the site is via an access track that is indicated as leading from the farm yard to the site. ### Planning Status The site is located in an area designated as being of High Landscape Value and Scenic Significance in the 1982 Development Plan Order. The site is not zoned for residential development and the application falls to be determined against the policies of the Department in relation to current Planning Circulars. ### Planning History There have been a number of previous planning applications relating to Ballaleece Farm, although none relate directly to the application site. ### Representations German Parish Commissioners do not wish to comment on the application until a detailed application is received. The Department of Transport and Isle of Man Water Authority advise of no objection subject to the imposition of conditions. The SPMCE object to the development. The Occupier of Ballacrink and the occupier of Thie Ny Struan, Brack A Broom Lane object to the development as does a resident of Port Soderick ### The Proposal The application proposes in principle, the construction of a single dwelling for the applicant's daughter. The application is not described as being for a person whose sole of latest employment was in agriculture, however, the applicant has submitted justification based on agricultural grounds. ### Assessment The application seeks approval in principle for the construction of a dwelling and garage on Fields 312605 and 312667, Ballaleece Farm, Peel Road, to be occupied by the daughter of the applicant. In submitting the application, the applicant has advised that he has farmed Ballaleece for some time and wishes to continue in the future. No evidence of the applicant's daughters occupation has been submitted, however, the applicant advises that the construction of a dwelling on the farm would, he anticipates enable his daughter to become part of his plans for the future of the farm. The application site is located in an area of open countryside that is not zoned for further development, but rather zoned as being of High Landscape Value and Scenic Significance. The applicant has applied for the erection of a dwelling and garage, without reference to approval being sought for an agricultural workers dwelling. However, given the information submitted by the applicant, it is considered that the application falls to be determined against the current appropriate Planning Circulars of the Department, these being Circular 1/88 – Residential Development in the Countryside and 3/88 – New Agricultural Dwellings. Planning Circular 1/88 advises: "6. There is always a demand for houses in the countryside. Improved economic circumstances are likely to intensify this demand, but with the exception of housing to serve the needs of a viable agricultural holding it is the Department's policy to discourage residential development in the countryside. 7. Where an agricultural need for a dwelling is demonstrated the Department would prefer that it were built in the nearest Village, hamlet or existing group of buildings. It remains however that the siting would have to be considered on its merits having regard to the individual circumstances." Furthermore, Planning Circular 3/88 advises: "1. A person who wishes to build a farm dwelling in a rural area must produce evidence to prove need sufficient to offset the general planning objections to such development. 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 addition, Planning Circular 3/88 expands on the location of proposed agricultural dwellings which must be within or immediately adjacent to the main group of farm buildings, accessed via the existing farm access and well set back from the public highway. As previously stated, the applicant has submitted additional information regarding the nature of the application; however, no evidence has been submitted that the proposed dwelling would be occupied by a person whose current full time occupation or latest occupation was within agriculture. In addition, the siting of the proposed dwelling, whilst accessed via the existing farm and well set back from the road, is some considerable distance from the main farm grouping. Furthermore, given the location of the site adjacent to the lane, the proposed dwelling could be accessed via the lane, thereby further separating the dwelling from the main farm grouping. It is therefore considered that the application is contrary to the provisions of Planning Circular 3/88. With regard to Planning Circular 1/88, the application site is located within an area that is not currently zoned for residential development, notwithstanding the information submitted regarding the future plans for the farm, the proposal is considered to be contrary to the provisions of that circular and the provisions of the 1982 Development Plan Order, insofar as the site is not zoned for residential development. ### Party Status It is considered that the following who made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Department of Transport Highways Highways Division; - Isle of Man Water Authority; - German Parish Commissioners; - Mr J Caldwell, Ballachrink; and - Mr J Parkinson, Thie Ny Struan, Brack A Broom Lane. It is considered that the following, do not meet the criteria of Government Circular 1/06: - SPMCE; - The Occupier, Seacliffe, Old Castletown Road, Braddan. ## Recommendation Recommended Decision: Refused Date of Recommendation: 30.06.2006 ### 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 R 1. The proposed new dwelling would be located in an Area of High Landscape Value and Scenic Significance and outside an area currently zoned for residential development in the 1982 Development Plan Order. As such, the application is considered to be contrary to the established policies of the Department with regard to new dwellings in the countryside. R 2. Notwithstanding the information submitted with the application relating to agricultural need, it is considered that application is contrary to the provisions of Planning circular 1/88 and 3/88 in relation to new dwellings in the countryside, insofar as it has not been demonstrated that the occupation of the occupier proposed dwelling would relate to agriculture on a full time or retired basis. Furthermore, the siting of the dwelling is considered to be contrary to the requirements of Planning Circular 3/88, in terms of the distance from the main farm. 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 : Refused Date: 4/7/06 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control --- *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/80127-st-johns-fields-312605-and-new-build-garage/documents/1217735*