**Document:** Planning Officer Report **Application:** 07/02181/A — Approval in principle for the erection of an agricultural workers dwelling **Decision:** Refused **Decision Date:** 2008-03-10 **Parish:** Andreas **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84276-andreas-balladoole-bride-road-lezayre-dwelling-outline/documents/1515907 --- # Planning Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Site The application site forms the curtilage of Field 130136, Balladoole, Bride Road, Lezayre, which is located on the western side of the Bride Road, north of Ramsey. Within the curtilage of the application site comprises the remnants of a single storey stone building. ## LAND USE ZOING / 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 - The Isle of Man Strategic Plan (20th June 2007) – General Policy 3, Environmental Policy 2 and Housing Policy 7, 8, 9 & 10 ## PLANNING HISTORY There are no previous planning applications which are considered relevant in the assessment and determination of this application. PROPOSAL The application seeks approval for the approval in principle for the erection of an agricultural workers dwelling. REPRESENTATIONS Lezayre Parish Commissioners advise that they have refused the application as they consider that the new dwelling should be situated nearer to the original farmhouse so that it cannot be split and sold off as a separate dwelling in the future. They would also request that any new applications have the stipulation that the agricultural status would always be maintained and never allowed to be taken off in the future. The Highways Division do not oppose subject to the imposition of a condition in relation to parking and on-site turning facility. The Society for the Preservation of the Manx Countryside and the Environment oppose the application. The Manx Electricity Authority make 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 Water Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick has submitted comments on the application. ASSESSMENT / RECOMMENDATION 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); - (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 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: - (a) the development would not harm the character and quality of the landscape; or - (b) the location for the development is essential. ### Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 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. 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. 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. The farm is operated by a company in respect of which the applicant Mr Duggan and his wife are directors. Currently the applicant is involved in the farm operation which covers 400 acres. The applicants plan is to employ an individual who after training and mentoring would provide succession. As part of the contract and for operational needs the applicant would be required to vacate the farmhouse to enable the worker to be on site. The applicant will continue to oversee the farm, until such times as the applicants successor's performance is to the required standard. The applicant has stated that the reason for the proposed siting of the dwelling is that there are beef cows calved out doors and at certain times of the year 24 hour coverage is essential. For that reason the new dwelling should be convenient to Balladoole Farm year, but not too close to avoid giving the impression of interference. The applicant has also been in contact with the Department of Agriculture, Fisheries and Forestry. Through their calculations, based on the existing farm, they consider the farm currently has justification for 3 full time workers (3.78 labour units). The justification is considered to have been proven; the farm is a substantial size and meets the required labour units. From the submission the dwelling proposed for now would be used for an agricultural workers dwelling, however after time and training of the Applicants successor from the information received it would seem the dwelling would eventually accommodate the Applicant as a retired farm capacity. The Strategic Plan does comment on retired farmers dwelling as it states:- 8.9.3 In judging whether the need is sufficient to over-ride other policies, particular regard will be had to:- - (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm. If the application was based on a retired farm workers dwelling then the proposal would conform, as the applicant from the information provide, would still provide mentoring for his successor who would be accommodated within the existing farm house, within the farm complex. The defining matter with this application is the siting of the proposed agricultural dwelling. The proposed site has an existing structure on-site, however this structure is a ruin, and would not comply with the relevant polices for conversion. Therefore the proposal would require the remove of the existing built development and a new dwelling to be constructed. However based on the information received, this application should fail, as it does not comply with Housing Policy 9, in that, it is not within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, nor would the access to the proposed dwelling approached via the existing farm access. The proposed access to the dwelling would be via an existing field access, and would involve the creation of a driveway approximately 95 metres in length running from the access to the proposed dwelling, which would have a significant adverse visual impact on an area zoned as High Landscape or Coastal Value and Scenic Significance, therefore contravening policy Environmental Policy 2 as well. Whilst the applicant has stated that the reason for siting the dwelling in this position is "to avoid giving the impression of interference", this reason would not be sufficient to overcome the relevant policies, and it is considered, if the proposed dwelling where located within the existing farm complex, the application could be possibly viewed in a more favourable light. ### Recommendation For these reasons the proposal is considered to be inappropriate in this location and the application is therefore recommended for refusal. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Lezayre Parish Commissioners - Department of Transport Highways Division It is considered 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:- The Manx Electricity Authority The Isle of Man Water Authority Society for the Preservation of the Manx Countryside and Environment Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick ### Recommendation Recommended Decision: Refused Date of Recommendation: 19.02.2008 ### 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. Whilst the justification of the proposed dwelling satisfies the requirements set out in Housing Policy 7 of the Isle of Man Strategic Plan in that there is considered to be a clearly defined need in agricultural terms for the dwelling, the proposal conflicts with Housing Policy 9, insofar as the proposal would not adjoin the main farm group and would not be approached via the existing farm access. Decision Made : Refuse Committee Meeting Date : 06/03/08 --- *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/84276-andreas-balladoole-bride-road-lezayre-dwelling-outline/documents/1515907*