**Document:** Officer Planning Report
**Application:** 09/01823/REM — Reserved Matters Application for erection of a replacement agricultural dwelling and a field shelter
**Decision:** Permitted
**Decision Date:** 2010-01-15
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/64268-braddan-upper-begoade-farm-replacement-dwelling/documents/1393335

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# 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 of the curtilage of a former dwelling and outbuildings contained with the Upper Begoade farm holding in Onchan.

The planning application seeks approval of reserved matters for the erection of a replacement agricultural dwelling and a field shelter.

The planning application is being considered by the Planning Committee due to the recommendation being contrary to the position of the local authority.

### Planning History

As the planning application seeks approval of reserved matters there has been one previous planning application that is considered specifically material to the assessment of the planning application.

Planning application 06/00590/A sought approval in principle for the erection of a replacement agricultural dwelling. This previous planning application was approved on the 15th November 2006. Following the granting of time extensions this planning approval in principle is valid until the 15th November 2010. The planning approval was granted subject to the six following conditions:

#### Condition 1

"This approval is in principle only and will remain valid for a period of two 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. Such reserved matters should form the subject of a single application."

#### Condition 2

"This approval in principle relates the erection of a replacement dwelling on the site defined by the red line as shown on drawing no. Y.91/10/1-1 rev. B date stamped the 3rd April 2006."

## Condition 3

"The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including also the dependants of such persons as aforesaid."

### Condition 4

"Any subsequent reserved matters planning application must propose a dwelling designed in accordance with policies 1-7 (inclusive) of Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside."

### Condition 5

"Any reserved matters planning application must include details of the vehicular access and driveway. Visibility splays of a minimum of 2.0 metres by 54 metres must be provided."

### Condition 6

"Any reserved matters planning application must include details of mitigation measures for the relocation of the Wildlife Act Schedule 1 bird nesting site. It is recommended that prior consultation is undertaken with the Wildlife and Conservation Division of the Department of Agriculture, Fisheries and Forestry in this respect."

### Representations

Onchan District Commissioners recommend that the planning application be refused on the grounds that the proposals do not meet with the requirements of the Onchan Local Plan and the Island Strategic Plan.

The Department of Transport Highways Division do not oppose the planning application.

### Planning Policy

The application site is within a wider area of land that is designated as being open space under the Onchan Local Plan Order 2000. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains one policy that is potentially material to the assessment of the planning application.

Policy O/RES/P/22 states:
"Outside those areas designated for residential development new dwellings will generally not be permitted within the local plan area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the local plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91)."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application.

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."

## Assessment

Given that there is extant planning approval in principle for the erection of a replacement agricultural dwelling under previous planning application 06/00590/A and that the planning application seeks approval of reserved matters it has to be accepted that the principle of development is established. The primary role of the planning application is to assess whether what it proposes accords with the conditions set out within the planning approval granted under 06/00590/A. Those conditions are set out earlier in this report.

It is self evident that the submitted planning application complies with condition no. 1 and 2. The applicant complies with the agricultural occupation specified under condition no. 3 and this something to re-iterate within any new planning approval. In terms of condition no. 4 the proposed dwelling is considered to be appropriately traditional in form and design. Whilst the proposed dwelling is relatively large the applicant is known to have a large family (ten children), which necessitates a large dwelling. However, through the use of a two-storey traditionally proportioned dwelling with an attached single-storey element it is considered that the manner in which this has been achieved is sympathetic. Indeed, the form of development is not dissimilar to the existing dwelling and buildings that are to be replaced. As regards condition no. 5 it can be seen that the submitted planning application details appropriate access and driveway arrangements with the required visibility splays. The final condition (no. 6) related to the provision of mitigation measures for nesting birds within the application site. It is evident from the submission that this issue has been specifically discussed with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division, which has resulted in the proposed field shelter. This shelter, which is relatively modest, is designed to accommodate the birds that would be displaced by the proposed development.

Overall, it is concluded that the submitted planning application appropriately meets the conditions set out within the relevant approval in principle. It is therefore recommended that the planning application be approved.

### Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Onchan District Commissioners; and The Department of Transport Highways Division.

### Recommendation

Recommended Decision: Permitted Date of Recommendation: 04.01.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : 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.s 2009/37/01, 2009/37/02, 2009/37/03, 2009/37/04, 2009/37/05 and 2009/37/06 date stamped the 5th November 2009.

C 3. The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including also the dependants of such persons as aforesaid.

C 4.

Prior to the construction of the dwelling the field shelter (nesting bird mitigation) must be constructed in accordance with drawing no. 2009/37/06 date stamped the 5th November 2009.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Approved Committee Meeting Date : 14/1/10

Signed : A. Horn Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YRS/NO

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*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/64268-braddan-upper-begoade-farm-replacement-dwelling/documents/1393335*