**Document:** Planning Officer Report 06/02199/B **Application:** 06/02199/B — Erection of an agricultural dwelling **Decision:** Permitted **Decision Date:** 2007-03-22 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82089-michael-field-no-220673-bollyn-road-dwelling/documents/1485557 --- # Planning Officer Report 06/02199/B ### Considerations [Table omitted in markdown export] [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] Nevertheless we cannot ignore the basic situation which involves two major holdings of land: some 75 acres at Cronk-e-Voddey where the applicants already have a house, and another 75 acres or so, owned at Broogh Jarg where they now want a new house. (There is other land elsewhere, mostly rented, it seems) Why is the Boogh Jarg land more important that the other? Is it not just a ruse to get a new house so that the other can be sold? The Society has, as in well documented, a somewhat jaundiced opinion of many of the Agricultural Dwelling applications which continue to be received despite the well-known decline in the agricultural labour force. Being the only way to get consent for a new house in the countryside, it can so easily be open for abuse. The Society Objects to this and most similar applications. **Consulttee:** Highways Division **Notes:** Do not oppose **Consulttee:** Ballaugh Parish Commissioners **Notes:** Oppose --- ### Officer’s Report #### The Application Site The application site is part of Field no. 220846 situated to the west of the Bollyn Road, Ballaugh. To the east of the application site is an agricultural building which is used by the applicant. To the south of the application is a track leading to the Bollyn 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 High Landscape or Coastal Value and 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 #### Relevant Planning History Approval in principle for the erection of an agricultural workers dwelling (Re-submission of 04/00443) (06/00419/A) – Refused on the grounds that:- > “The proposed residential development would be contrary to Planning Circulars 1/88 and 3/88 in that by reason of the siting of the proposed development it would have a detrimental effect on the character and appearance of the area which is an Area of High Landscape and Coastal Value and Scenic Significance; and will diminish the openness, character and quality of the surrounding area which would cause demonstrable harm to the visual amenities of the locality.” > *Note: This refusal is without prejudice to a new application proposing a site nearer to the existing barn.* 04/00443 - Approval in Principle for the erection of an agricultural dwelling on one of two sites - Refused 13th July 2004. #### Proposal The application proposes the erection of a farm workers dwelling with detached garage. The dwelling proposed is a single storey, three bedroom detached bungalow with a single storey detached garage. To provide access to the site and to provide visibility onto the Cronk Road, the application proposes the realignment of the existing Sod Bank. The submission also proposes to form a new Sod Banking around the northern and eastern boundaries of the site. Included in this submission is a letter from the Department of Agriculture Fisheries and Forestry. ### Representations Ballaugh Parish Commissioners object to the application:- The applicant has only recently been refused permission to erect a similar dwelling in the same area, and the commissioners objected to that application. They consider the area to be of high scenic beauty, and all application during the past few years to erect a dwelling on the seaward side of the Bollyn Road near to The Cronk, have been refused. Highways Division do not oppose the application subject to the following conditions:- Two off street parking spaces shall be provided within the curtilage of the proposed dwelling. NB. The proposed garage door is very narrow and it will not be easy to manoeuvre a car in and out of the garage. 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 Isle of Man Fire and Rescue Service make 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, justification for this site and the Society have a somewhat jaundiced opinion of many of the agricultural dwelling applications which continue to be received despite the well-known decline in the agricultural labour force and being the only way to get consent for a new house in the countryside, it can so easily be open to abuse. We have received no privately written representations objecting to the application. ### Assessment / Recommendation As this application is a Full Application and not a Reserved Matter Application consideration of all aspects of the application must be taken into consideration (justification, highway issues, siting and design). The previous application was refused on the grounds that the siting of the proposal would have a detrimental effect on the character and appearance of the area which is an Area of High Landscape and Coastal Value and Scenic Significance. The agricultural justification of a dwelling at the site was accepted by the Planning Committee; hence the refusal notice of the previous application (06/00419/A) included a note which stated that; 'This refusal is without prejudice to a new application proposing a site nearer to the existing barn', subsequently the Applicant has submitted this application for consideration. The following Planning 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 report from D.A.F.F state that the "farm carries a herd of 22 suckler cows, 140 other cattle, 150 breeding ewes and 800 other sheep. It is essential for animal welfare and desirable for security considerations that those individuals involved in looking after the breeding animals are resident on the unit". This application has to be considered in the context of a recent appeal decision at Ballacooley Farm at Rhencullen where the appellant indicated that he has over 200 acres of land with a flock of about 750 sheep (including lambs) and a herd of some 65 highland cattle (including calves). The Director of Agricultural Services considered that application to be justified on the basis of agricultural need. However, he did not indicate that it was essential for someone to live on the site. The independent inspector attached considerable weight to the written evidence of the Director of Agricultural Services and considers that the appellant's case is one of the strongest he had seen for the erection of an agricultural dwelling. Consequently, the appeal was allowed and approval in principle was granted subject to condition on 6th July 2006 In considering the evidence of the labour requirement report submitted with the application and the recent appeal decision at Rhencullen, I consider the agricultural case put forward in this application is considerably stronger compared to agricultural case for an agricultural dwelling at Rhencullen. I therefore consider the applicant has demonstrated agricultural need and that a refusal on the lack of need would in this case be unsustainable. The applicant's currently live at Handley's Corner. It is worth noting that the appellant's for the dwelling at Rhencullen lived within Kirk Michael. The inspector considered the appellants present accommodation was not conveniently located for the supervision of the farm during lambing and calving seasons. Therefore the same can be said for this application, in that the applicant is actually further away from his farmstead than the appellant for the dwelling at Rhencullen. I therefore regard the applicant's case is on a par with the recent appeal decision and it would be unreasonable to refuse the application on this particular issue. With regard to Planning Circular 3/91, I consider the proposal in the majority, conforms with this Circular, whilst I do consider the Veranda along the front elevation would possible not be consider as a traditional feature of a Manx farmhouse, I am of the opinion it would not have such a detrimental visual impact to warrant a refusal, particularly as the front elevation of the proposed dwelling faces away from the Bollyn Road and therefore would not be seen from the highway. ### Conclusion In my opinion the proposal does comply with Planning Circulars Planning Circular 1/88, Planning Circular 3/88, and Planning Circular 3/91 and for reasons the proposal would be appropriate in this location and therefore my recommendation is for an approval. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Ballaugh Parish Commissioners - Highways Division - The Department of Agriculture Fisheries and Forestry 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 - The Isle of Man Fire and Rescue Service - S.P.M.C. & E ### Recommendation Recommended Decision: Permitted ## 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 submitted documents and drawings 257-01 and 02199/1 all received on 15th December 2006. C 3. Two off street parking spaces shall be provided within the curtilage of the proposed dwelling. NB. The proposed garage door is very narrow and it will not be easy to manoeuvre a car in and out of the garage. C 4. This permission may be taken up only by Mr Stewart Christian. C 5. The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was employed in agriculture in the Island and including also the dependants of such persons as aforesaid. C 6. Prior to any works on the proposed dwelling, there must be submitted to and approved by the Planning Authority detailed drawings, showing a suitable scheme for adequate planting along the site boundaries; the approved scheme must be implemented during the first planting season following the commencement of the development. N 1. For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49 N 2. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection. Decision Made : Approve Committee Meeting Date : 08/03/07 27 February 2007 06/02199/B Page 7 of 7 --- *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/82089-michael-field-no-220673-bollyn-road-dwelling/documents/1485557*