**Document:** Planning Officer Report Recommendation **Application:** 06/01911/A — Approval in principle for the erection of a farmhouse with double garage **Decision:** Refused **Decision Date:** 2007-02-19 **Parish:** Bride **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82008-bride-site-of-garage-dwelling/documents/1484696 --- # Planning Officer Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] [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] ### Consultations [Table omitted in markdown export] **Consulttee:** Wildlife & Conservation Officer **Notes:** This is a green field corner where the current shape of the old marl pit prevents it from being ploughed in with the rest of the field. There is some minor exotic planting and fairly dense bracken. It is unmanaged and overgrown. The plans show the pond as being retained on the site. This feature may hold wildlife interest and its retention is important. If planning policy allows such a development, then a survey for spawning frogs should be undertaken in March. If frogs are found to be at this site, then any consent should require a scheme to protect the frogs from damage or disturbance during construction. **Consulttee:** Manx National Heritage **Notes:** We note that the location of this application is within an Area of Scenic Significance, and that the site is not zoned for residential development. although the application is for a farmhouse, there appears to be no case made in support of agricultural occupancy amongst the application papers on view. In keeping with its role of protecting and preserving the cultural and natural heritage of the Isle of Man, Manx National Heritage supports Government Policies on building in the countryside, and recommends that the Committee examines the justification for building in an area of attractive landscape. If the Committee is minded to approve the application, we would suggest that a planning condition is attached which prevents damage to the pond as a result of the development. We understand that DAFF has requested a frog survey to determine if this protected species is present. --- **Officer’s Report** ## **THE APPLICATION SITE** The application site, which is the site of a former Marl Pit, Field 110227, Smeale, is located of an access track that joins onto the northern side of the A10 road. ## **PLANNING POLICY** 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 as Scenic Significance. - Isle of Man Planning Scheme (Development Plan) Order 1982 - Planning Circular 1/88 – Residential Development – Houses in the Countryside - Planning Circular 3/88 – New Agricultural Dwellings - The Isle of Man Strategic Plan – General Policy 3, Housing Policy 12 ## Proposal The application proposes the erection of a replacement cottage. The proposal is for a two storey detached dwelling located north of the existing cottage. The proposal is the same design and size that received planning approval under application 00/00790/B, which has now expired. ## Representations Highways Division do not oppose the application subject to the following conditions:- - (a) Sight lines of 2 metres by 36 metres shall be provided in the direction of Jurby; and - (b) A reserved matters application shall be submitted providing details of access. The Wildlife and Conservation Division have commented to the planning application, which can be summarised as the pond that is shown to be retained may hold wildlife interest and its retention is important, a survey for spawning frogs should be undertaken, if frogs are founds and a scheme to protect the frogs from damage or disturbance during construction should be provided. The Manx National Heritage have objected to the planning application, which can be summarised as, the site is within an area zoned as Scenic Significance, not zoned for residential development and there is no supporting information with the application for agricultural occupancy. 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 S.P.M.C. & E, have objected to the planning application which can be summarised as concerns to no supporting evidence of agricultural need, no business plan for the farm, no size or stocking and their claim to `Brownfield` status because it grows no crops, is bogus, as on this basis most of the Curraghs could be classed as building land, and the development constitutes a new house in the countryside. Mr Jessop had objected to the planning application, which can be summarised as the previous use as a `marl pit` is not sufficient to justify residential development and insufficient justification for a residential dwelling in the countryside to overcome established planning policy. ## Assessment / Recommendation The following Circulars and Polices need to be taken into consideration when considering this application. Planning Circular 1/88 – Residential Development – Houses in the Countryside, the purpose of the Circular is to give general guidance as to the Department’s policy with regard to residential development with particular emphasis on development in the countryside. Paragraph 3 of this Circular states:- Land has been allocated for residential development as extensions of existing towns and villages to take advantage of existing infrastructure and services. The remaining areas of the Island are intended to remain substantially free from development. Paragraph 5 of this Circular states:- It is recognised that the Manx countryside is extremely fragile and even a limited development can have an impact out of all proportion to its size. Account has been taken of public concern about encroachment of development into the countryside, along the coast and headlands and into the areas of scenic ecological importance, and appropriate safeguards are incorporated in the Development Plan. Paragraph 6 of this Circular states:- 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. Paragraph 7 of this Circular states:- 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. Planning Circular 3/88 - New Agricultural Dwellings Paragraph 1 of this Circular states:- 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. Paragraph 2 of this Circular states:- Evidence in support of a planning application for such a dwelling should be addressed to the following points:- a) what living accommodation has been built in the past on, or in association with the farm or holding, and how it is occupied; a plan clearly indicating the boundary of the holding and the location of any dwellings within it should be included; b) who will occupy the proposed dwelling, and what role they will play in the operations of the farm; could the intended occupant conveniently live elsewhere rather than on the farm?; c) why the particular site has been chosen. The Isle of Man Strategic Plan, General Policy 3 states:- Development will not be permitted outside of those area which are zoned for development on the appropriate Area Local Plan with the exception of:- - (a) infill development within a clearly identifiable group of dwellings in the countryside (except in those parts of the island covered by the Local Plans for Arbory and East Rushen, Foxdale, St John's, Sulby or Onchan or by Area Plans made under the 1999 Act): - (b) essential housing for agricultural workers who have to live close to their place of work; - (c) conversion of redundant rural buildings which are of architectural, historic or social value and interest; - (d) the replacement of existing rural dwellings; - (e) location-dependent development in connection with the working of minerals of the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agricultural or forestry; - (g) development recognised by Government to be of national strategic need; and - (h) buildings or works required fro interpretation of the countryside, its wildlife or heritage. The submission proposes an agricultural dwelling on the site, which is zoned as ‘white land’ not zoned for development. Therefore the above policies and guidelines are relevant when considering the application. Taking Circular 1/88 into consideration the proposal would be contrary to the Circular as the site is within an area not zoned for development, and the proposal does not provide sufficient justification for an agricultural dwelling. Again the submission would be contrary to Planning Circular 3/88, as no justification has been put forward that there is a sufficient need for an agricultural dwelling within this site. The proposal would also be contrary to The Isle of Man Strategic Plan, more specifically General Policy 3, as the proposal would not comply with any of the exceptions points indicated within this policy. ### Conclusion In conclusion I consider the proposed farmhouse would not conform to the relevant Planning Circulars and Polices. For these reasons the proposal would be inappropriate in this location and therefore my recommendation is for a refusal. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Bride Commissioners - Highways Division - Wildlife and Conservation Division 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 - S.P.M.C. & E - Manx National Heritage - Mr Jessop ### Recommendation Recommended Decision: Refused Date of Recommendation: 08.02.2007 ### 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 dwelling house would be contrary to Planning Circular 1/88, Planning Circular 3/88 and Housing Policy 12 of the emerging Isle of Man Strategic Plan in that:- i) The submission does not provide evidence to prove agricultural need is sufficient to offset the general planning objections to such development. 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: 16/3/07 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/82008-bride-site-of-garage-dwelling/documents/1484696*