**Document:** Planning Officer Report **Application:** 11/00909/B — Erection of a farm workers dwelling **Decision:** Permitted **Decision Date:** 2012-02-23 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1839-malew-part-field-434603-middle-cordeman-dwelling/documents/1258054 --- # Planning Officer Report [Table omitted in markdown export] ### Officer's Report #### The Site The site represents the curtilage of Part Field 434603, Middle Cordeman Farm, Cordeman Road, St Marks, Ballasalla, which is a parcel of undeveloped land located on the western side of Cordeman Lane, which runs north from the Bayrauyr which links St. Mark's with the Ballamodha (A3). The field forms part of Middle Cordeman Farm which accommodates a single dwelling (recently constructed) which forms the main farmhouse where the farm manager currently resides. #### Proposal The application seeks approval for the erection of a farm workers dwelling. The dwelling would be positioned within field 434603 and accessed from an existing private lane which serves the existing farm holding (farmhouse, two agricultural barns and a farm shop). The dwelling would be located to the south and adjacent to the recently constructed barn and south of the existing farmhouse and farm shop. A farm worker would occupy the proposed dwelling. #### Planning Status The application site is within an area recognised as being an area of 'White Land', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. Under the Modified Draft Area Plan for the South the site is on land not zoned for development, and the Landscape Assessment indicates the site as being within an area is characterised as being "Incised Inland Slopes". Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration: "General Policy 3: 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); [Table omitted in markdown export] - (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land(1) 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: 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 15: 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 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated." "Housing Policy 8: 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: 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: 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." ## 9. Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: - Erection of an agricultural building (comprising an amendment to 06/00303B) - 08/01139/B - APPROVED - Erection of a farm workers dwelling - 06/01320/B - APPROVED - Erection of two agricultural workers dwellings - 06/00830/B - REFUSED on the following grounds: 1. "Whilst the Planning Committee is satisfied that there is a need in agricultural, animal welfare and farm security terms, for one dwelling in association with the operation of this holding, the Committee is not satisfied that there is an agricultural need for two dwellings on the basis of current agricultural operations. As such, the additional dwelling would represent a new dwelling in the countryside, contrary to the guidance and policies of Planning Circulars 1/88 - Residential Development - Houses in the Countryside and 3/88 - New Agricultural Dwellings." 2. "Whilst the dwelling proposed in field 434603 would comply with the requirements of Planning Circular 3/88 in terms of it being close to the existing farm group, served by the existing farm access and would have only a limited visual impact, the location of the other proposed dwelling, alongside the existing barn, would be remote from the main group of farm buildings and could very easily be sold off separately from the main holding at some point in the future. This dwelling by virtue of its location is considered to be contrary to the guidance and requirements of Planning Circular 3/88." - Erection of an agricultural building - 06/00303/B - APPROVED - Erection of a farm shop with associated facilities - 04/02285/B - APPROVED - Erection of implement store with WC - 02/02413/B - APPROVED - Creation of hardstanding in association with existing agricultural building - 02/00091/B - APPROVED ## Representations Malew Parish Commissioners do not object to this planning application, but suggested the addition of an agricultural tie and some landscaping. Highways Division have recommend an approval as the proposal has no adverse traffic management, parking or road safety implications. The Manx Electricity Authority makes no comments to the merits of the application but ask that an informative note be attached. ## Assessment The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 and in this case paragraph A of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those buildings which are essential housing for agricultural workers who have to live close to their place of work. This aspect of the policy also makes reference to Housing Policies 7, 8, 9 and 10 which relate to agricultural workers dwellings. Housing Policies 7 & 9 set out the criteria for assessing the principle of accepting an agricultural worker's dwelling which will be discussed below. Housing Policy 8 relates to a condition being attached to any agricultural workers dwelling which limits 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. This should be attached if the principle of the application is acceptable, which the applicants have no objection to. Regarding Housing Policy 9 the siting of the dwelling would be directly adjacent to the farm buildings associated with the farm holding, it is set back from the public highway (180 metres from Cordeman Road) and would be accessed via the existing farm lane, all in compliance with the policy. In this case Housing Policy 10 is considered relevant as this is the proposal is a full detailed submission and includes detailed plans of the proposed dwelling. Initially there was concern of the design as it did not conform to Planning Circular 3/91. Accordingly the applicant amended the design to a single storey Manx cottage style more appropriate with Planning Circular 3/91. The main issue to consider is to determine whether the proposed agricultural dwelling would have a sufficient justification to comply with General Policy 3 and Housing Policy 7 & 9. The Authority has contacted the Agricultural Advisor from the Department of Environment, Food and Agricultural (DEFA) for their comments. The Advisor has stated that currently the farm enterprise involves 269.46 acres (220.46 acres owned & 49 leased on a seasonal basis). 25 acres are currently utilised for the growing of cereal, the remainder of the area is grass production He advises that the land is stocked with approximately 36 suckler cows, 143 Loughtan ewes, 89 cross bred ewes and 5 sows. There are also 56 free range hens and 9 geese on the site. The advisor also indicates that the agricultural enterprise has a standard labour requirement of 1.95 standard labour units and is viewed as an agricultural business. A recent planning application (10/00714/B) there was an intention to increase stock numbers to a level that would require 2.55 standard labour units. The labour requirement in 2010 at the time of this application was 1.5 standard labour units. The Advisor suggests that the business is expanding. The new submission indicates the farm is likely to expand but does not indicate any future expansion plans. The applicant's agricultural census over the last 5 years indicates stock levels are increasing on a yearly basis. The advisor indicates that it is assumed that lambing or calving period would be during spring when labour requirements would be at its peak. The advisor concludes that; "The proposed erection of a farm workers dwelling at idle Cordeman Farm has a labour requirement just short of two full time agricultural workers. This business appears to be developing and expanding and I am encouraged that stock numbers have been increasing over the last 5 years and since my last visit. The dwelling has a labour requirement that would justify a second dwelling, however I would have greater reassurance in its justification had this business been trading at a level that has, as a minimum, required two full time agricultural workers of a period of at least two years. The applicant has indicated that it is essential for there to be two agricultural dwellings on the farm to ensure full cover is provided for:- a) 24 hour, seven days a week supervision during the lambing and calving periods to ensure maximum/calf survival; b) Emergencies such as adverse weather conditions, stock needing urgent attention, veterinary problems etc; c) Farm security; and d) bio security They indicated that with just one dwelling, an agricultural worker would not be able to leave the farm or even do work in the furthest fields except for very short periods of time. It is considered from the information submitted that the justification for a second agricultural worker's dwelling has been established, especially given the business is and has the current capacity to continue to grow. Consequently, the proposal would comply with Housing Policy 7. ### Recommendation Overall, it is considered that the justification for an agricultural building has been adequately proven and justified and would provide a further dwelling in connection with the farm holding complying with General Policy 3 and Housing Policy 7. Furthermore, the siting and design of the proposal would have a acceptable impact upon the visual amenities of the surrounding countryside and would result in a dwelling which would appear connected with the farm holding give its location directly adjacent to the farm holding and a significant distance from the public highway, complying with to Housing Policy 9 of the Isle of Man Strategic Plan. For these reasons the proposal is considered to be inappropriate and the application is therefore recommended for an approval. ### Party Status It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status: Malew Parish Commissioners Agricultural Advisor from the Department of Environment, Food and Agricultural It is considered that the following do not meet the criteria of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should not be afforded interested party status: The Manx Electricity Authority The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 09.02.2012 ### 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 the erection of a farm workers dwelling as proposed in the submitted documents and drawings AT 1109.1 REV A, AT 1109.2 REV A, AT 1109.3 REV A and AT 1109.2 all received on 28th June 2011 and 15th September 2011. C 3. The dwelling may be occupied only by a person or persons engaged in agriculture; or last engaged in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependants. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date: 22/2/13 Determining officer (delete as appropriate) Signed : ... Anthony Holmes Senior Planning Officer Signed: ... Michael Gallagher Director of Planning and Building Control Signed: ... Sarah Corlett Senior Planning Officer Signed: ... Jennifer Chance Development Control Manager --- *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/1839-malew-part-field-434603-middle-cordeman-dwelling/documents/1258054*