**Document:** Planning Report and Recommendations
**Application:** 06/02171/B — Erection of a farm workers dwelling with detached garage
**Decision:** Permitted
**Decision Date:** 2007-05-15
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/82099-ballaugh-part-of-field-garage-dwelling/documents/1485701

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# Planning Report and Recommendations

### Considerations [Table omitted in markdown export] [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] Even with 700 acres we find it difficult to believe that 6 full-time workers are justified. The farm surrounding our house must be nearly this big but is largely run by one person with only occasional help with lambing or harvest. Our Grandson works on a holding of c.1000 acres in Cheshire and there are only 4 workers. (2 of them Polish). The only good thing about this proposed new dwelling in the countryside is that it is grouped on the edge of a small 'settlement' though at the moment there is no Policy supporting this. The Society OBJECTS as not being satisfied as to the full-time agricultural need for an additional dwelling when there are 3 dwellings already belonging to the holding. [Table omitted in markdown export] Consulttee: IOM Water Authority Notes: For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49 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 224211, which is located on a corner plot with the Cronk Road located to the west of the site and a small lane to the south which runs along the boundary of the site.

The western boundary treatment which runs along the Cronk Road comprises of a 2 metre high Sod Bank.

#### 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 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
- Planning Circular 3/91 – Guide to the Design of Residential Development in the Countryside
- The Isle of Man Strategic Plan, General Policy 3

#### Planning History

Approval in principle for erection of dwelling (94/00492/A) – Refused at Appeal

Approval in principle for erection of dwelling (93/01513/A) – Refused

#### 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 oppose the application on the following grounds:-
The Commissioners note that the applicant has already received permission for, and erected two such dwellings, but the Commissioners are led to believe that one of these dwellings is not occupied by full time farm worker connected with farming enterprise.

The site of the proposed dwelling is not within an area zoned for residential development, all be it that the application is for a farm workers dwelling.

Commissioners consider however, that if a further such dwelling is required, it should be erected close to the main farm building complex at Ballacain Farm.

Highways Division do not oppose the application subject to the following conditions:- Three no. off street parking spaces shall be provided within the curtilage of the dwelling to provide for additional traffic generated by this proposal.

The driveway shall be widened to 4.8 metres to accommodate these parking spaces.

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, the submission does not indicate all the acres owned, find it difficult to believe the need to justified and the holding already has 3 such dwellings. They do comment that the siting grouped on the edge of the small settlement is acceptable.

Mr Jessop has commented to the planning application, which can be summarised as, no objection in principle but would of preferred the inclusion of solar/wind energy.

### 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 proposed dwelling has been located on the edge of an existing development within a clearly identifiable group of dwellings in the countryside, which from a visual standpoint would have less of an impact than if the proposed dwelling was to be located within a open field. I do not consider that for this reason alone the proposal would be acceptable, however the siting in this location does have less of an impact upon the countryside.

As indicated in the Planning Circulars and The Isle of Man Strategic Plan, permission for a dwelling within the Countryside on land which has been zoned for no development will only be permitted if there is an agricultural need. As stated previously the submission included a letter from the Department of Agriculture Fisheries and Forestry which is summarised below:-

The existing farming business is very large by Manx standards (700 acres farmed under 230 acres of combinable crops, 12 acres potatoes, 190 suckler cows and 500 breeding ewes). The farm therefore requires 5.89 full time workers. The existing holding has an unencumbered house and two cottages subject to agricultural ties, all occupied by family members who are involved in the running of the farm. The large number of breeding stock introduces a significant welfare need to have staff on each site for 24 hours per day, during specific periods of the year.

The Department of Agriculture Fisheries and Forestry broadly support this application on the basis that there unit is large enough to support at least 4 workers and there will be times of year where they will be required to work on a shift basis to achieve 24 hour cover, meaning they will need to live in the vicinity of the two sites'

Whilst I consider the Agricultural justification for a farm workers dwelling has in my opinion been proven, this leads onto consideration with regard to the siting of the proposal. As stated previously the proposed dwelling has been located on the edge of an existing settlement. This aspect is generally supported by Planning Circular No. 1/88 paragraph 7 which 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.' It remains the Planning Authority view that it is preferable that a farm workers dwelling if acceptable to be sited next to, or within, the existing farm complex. I therefore wrote to the Applicant asking why they had proposed this site instead of the Ballacain Farm complex. The subsequent response stated that although they own a considerable amount of ground around the site, they are only long-term tenants of Ballacain Farm and not owners. I therefore appreciate the reason for the proposed siting instead of siting within the Ballacain Farm complex which would not be practicable. The Applicant is the third generation of his family to rent the Ballacain Farm complex which goes back to the early 1900's. Whilst in some cases the Planning Authority would have concern of allowing farm workers dwelling if the applicant was not in ownership of land, however in this case the applicant owners 700 acres, some of which is adjacent/nearby to the site. I am of the opinion therefore that the proposed siting of the farm workers dwelling to be acceptable in this location.

The proposed single storey dwelling does have the traditional appearance that is required under Planning Circular 3/91 policies 2-6 and would not be an overdevelopment of the site. The dwelling would also have an acceptable amount of external amenity space for a dwelling of this size.

The realignment of the existing Sod Banking to create an acceptable access which would have adequate visibility splays initial did cause concern, however as the application proposes to realign the Sod Banking and not to remove a considerable amount of the banking I consider this aspect to be acceptable.

### Conclusion

I consider the proposal to comply with Planning Circulars Planning Circular 1/88, Planning Circular 3/88, Planning Circular 3/91 and The Isle of Man Strategic Plan, General Policy 3. For these reasons the proposal would seem acceptable 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

## Recommendation

Recommended Decision: Permitted

Date of Recommendation: 20.03.2007

## 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

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 which are date-stamped 13th December 2006 and 28th February 2007.

C 3. In the interests of road safety three off street parking spaces shall be provided within the curtilage of the dwelling to provide for additional traffic generated by this proposal.

C 4. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.

C 5. Prior to the commencement of any building operations there must be submitted to and approved by the Planning Authority large-scale (1:20 or better) detailed drawings, including sections, of the realigned Sod banking to provide the adequate visibility splays.

C 6. The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including the dependants of such persons as aforesaid.

N 1. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.

N 2. For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49

Decision Made : ...
Committee Meeting Date : ...

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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/82099-ballaugh-part-of-field-garage-dwelling/documents/1485701*
