**Document:** Officer Report 11 June 2008
**Application:** 08/00369/B — Erection of a farm worker's dwelling with detached garage
**Decision:** Permitted
**Decision Date:** 2008-07-25
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/85200-lezayre-field-134898-narradale-garage-dwelling/documents/1567469

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# Officer Report 11 June 2008

**Application No.:** 08/00369/B
**Applicant:** C W H H Ltd
**Proposal:** Erection of a farm worker's dwelling with detached garage
**Site Address:** Field 134898 Narradale Sulby Isle Of Man ### Considerations Case Officer: Mr Chris Balmer
**Photo Taken:** 28/04/08
**Site Visit:** 28/04/08
**Expected Decision Level:** Planning Committee ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not oppose Consulttee: Lezayre Parish Commissioners Notes: Refuse

## Officer's Report

### Site

The application site forms the curtilage of Field 134898, Narradale West Farm, Narradale, Sulby, which is located on the western side of the Narradale road, and south of Sulby Village.

### Land Use Zoing / Planning Policy

The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'White Land' not zoned for development; the site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal 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 and 9

### Planning History

The following previous planning application is considered relevant in the assessment and determination of this application;

Erection of an agricultural building - 07/00389/B - Field 134898, Narradale, Sulby -APPROVED

### Proposal

The application seeks approval for erection of a farm worker's dwelling with detached garage.

### Representations

Lezayre Parish Commissioners have objected to the application on the following grounds:- "There are houses available nearby which already have agricultural ties. The Commissioners are worried about the electricity and water supplies to the site. It is understood that the only water on site is from a spring. They feel that the business should have been expanded before the application was put in. The planning application for a barn on this site was made in 2007, presumably with the knowledge that this application would follow yet it was never mentioned."

Highways Division have no objection subject to the imposition of the following condition:

1. Visibility splays of 2 metres by 18 metres are required.

The owner/occupier of Narradale, Sulby, has objected to the application which can be summarised as; The original Narradale West Farmhouse was sold off 20 years ago, this would go against the grain of everything rural planning is supposes to do; the visual impact upon the Manx countryside; insensitive development at this stage may well be regretted in the future particularly if the area is considered to be within a National Heritage Area in Sulby Glen are furthered; increase in traffic generations to the area; no mains water supply; and the proposed soak-away from the property would contribute further to the frequent flooding to the adjoining area.

The owner/occupier of 12 Croit Ny Kenzie, Andreas, has objected to the application which can be summarised as; eye saw to the landscape; inadequate water supply and would require substantial works to connect; and increase in traffic generation would impact upon highway safety and upon the road structure itself.

The owners/occupiers of Springfield West, St Judes, Andreas, have objected to the application which can be summarised as; gross overdevelopment and development of this type would set a precedent for future developments of this nature,

The owners/occupiers of Narradale Farm, Sulby, have objected to the application which can be summarised as; The family sold the farm house off so why should they be allowed to build another house on the land; insufficient justification; who is going to live in the farm given the applicant has a full time job; how is the property going to have its water supply; where is the surplus water to be drained; and increase in traffic would damage the grass verges.

Cains Gordon Bell Advocates and Notaries have written on behalf of the owners/occupiers of Narradale West, Sulby, have objected to the application which can be summarised as; our clients property was historically the farm house for Narradale West which was sold off from the farm, and therefore should not be replaced with a new dwelling in the countryside; there is no need for a farm workers dwelling for Narradale West which has functioned satisfactorily as an agricultural holding without the need of a dwelling; the proposed building would overlook and overpower our clients property; the water supply is sufficient only to reach approximately half way from the main road up to our clients property which is below the site; and our client has concerns of drainage and concerns as to the disposal of effluent and water run off from any building above their home.

Mr Eddie Teare, Member of the House of Keys, writes to comment to the proposed development which can be summarised as; it is clear from the Department of Agriculture Forestry and Fisheries that there is no requirement for a full time agricultural worker on the site at present; It is mention that additional land is to be acquired is it in the vicinity; has DAFF's advisor calculated the stocking requirement on upland or lowland unit?; and a property in Old Sulby known as Fo Cronk approximately 1.5 miles away, has previous planning applications to remove a agricultural tie.

A resident of Seacliffe, Old Castletown Road, Port Soderick has no objection to the proposal if evidence can be provided to show that no alternative accommodation is available.

## 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.

The following Material Planning Issues should be considered:

1. Principle of Residential Development;
2. Highway / Parking Issues;
3. Servicing;
4. Design;
5. Potential Impacts upon Neighbouring Residential Amenity;
6. Impact upon the surrounding landscape.

### Principle of Development

When the application was first submitted Narradale West Farm had a total of 85 acres, of which all was within the ownership of the applicant who is the sole owner of Narradale West Farm. However, the applicant has subsequently increased the size of the farm to a total land holding of 170 acres. The additional 85 acres is not in the applicants ownership, however the land is to be tenanted by the applicant for 5 years.

The Agricultural Services Division (DAFF) has commented to the application and has calculated that the farm has a current labour requirement of 0.37 labour units (January 2008) and therefore currently not viewed as an agricultural business.

The Advisor also states:-
"Mr Huxam was a successful applicant of the Department's Young Farmers Setting up Scheme in March 2007."
"The business is proposed to expand and develop in the spring to a size where the labour requirement of 0.96 standard labour units will exist. This is of a size that the Department would view as an agricultural business."

"Current stocking includes 20 suckler cows and young stock of various ages taken through to sale or slaughter. A number of these are high value pedigree animals. The proposed expansion will see the addition of 120 commercial ewes and progeny." "Mr Huxam currently owns and lives in a house in Ramsey and it is expected that during the calving period there will be an increase in travelling time due to the level of observation required, essentially this is to ensure they the animal health and welfare is not adversely affected" "Mr Huxam runs the business along side his full time employment with the financial industry" In conclusion the Advisors states; "Based on these comments I would support an application for the erection of an agricultural workers dwelling on the farm, subject to the proposed business expansion taking place, the application of an agricultural tie and clarification that no alternative housing is available within the vicinity."

Since the comments by the Advisor the applicant has increased his land holding as indicated previously.

This application is very similar to application within Jurby West Village - Approval in principle for the erection of an agricultural workers dwelling - 06/01565/A. When this application was submitted in January 2007 the business requires 0.53 full time labour units, and increased to around 0.85 persons in July 2007, and was expected to further increase over three years. The applicant at that time had 56 acres, ( 25 acres owned and 31 acres on a continuous tenancy agreement). The plan was to extend the acreage to 104 acres by the end of 2008. The applicant also had received a Young Farmer's grant from DAFF. The Application was approved at appeal by the Minister as it was consider the business was on the threshold of meeting DAFF standard for full-time business where the provision of an agricultural dwelling could be justified as an exception to normal policy.

At this stage, the applicant does not meet the labour requirement of 1 standard labour units. When this application was submitted the business had a labour requirement of 0.37 standard labour hours. However, since that time the land holding has increased to 170 acres from 85 acres and has increase his stock levels have increase to roughly 55 head of cattle, of which 28 are cows either calved or calving. Together, with around 180 head of sheep, of which the breeding ewes again have lambed/or lambing. The number of the animal stock levels and the increase in acreage of the farm holding, would be very similar to what was proposed by the applicant he would have by the Spring period and was what the Agricultural Advisor made his recommendation on, giving a total labour units of 0.96 . Therefore it is considered based on the farm holding being on the threshold of the 1 total labour units, and given the application at Jurby West Village (06/01565/A), where the total labour hours where not as high, but approval was given, it is considered in principle that a agricultural workers dwelling would be acceptable for this farm holding.

It should also be noted that currently the applicant does still works within the financial industry. The Authority contacted the applicant to expand more on his current working situation and his future plans, given that a agricultural tie would be attached to the proposed dwelling which would state:- "The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was solely in agriculture in the Island and includes the dependants of such persons."

Subsequently, the Authority received the following response; "I can confirm that as my professional education is coming to an end, and having started to put the necessary infrastructure in place, it is my desire to farm full time. I am aware of the clauses applicable to Dwellings with Agricultural Ties. I wanted to gain my qualifications while I was young to have a something to fall back on. This was part of the plan which I made and had to demonstrate to DAFF in order to obtain the 20000 young farmers start up grant last year."

## Highway / Parking Issues

The proposed dwelling would provide more than the required two on-site parking provisions and would provide a turning provision so any vehicle could leave the site in a forward gear. The site also provides the require  metre visibility splay required by the Highway Division.

It is consider that a single dwelling would not result in a significant traffic generation. The Highway Division have not objected to the proposal on this ground. I could be argued that as the applicant will live on site and not be travelling back and to the site as he currently does, traffic generated might decrease.

### Servicing

One of the issues from the objectors is the servicing of water to the site. The Applicant is proposing to take advantage of the nearby water spring, located to the south of the dwelling.

The applicant states:-
"The system is that a feed would supply a plastic tank of approx 600L (similar to the common 1000L oil tank) of which it the outlet would be pressurised and sent through the filtration process. The water tank will be insulated; it is large enough to meet daily needs yet small enough to remove bacteria. The apparatus is very small and will fit in the Garage. It uses UV to sterilise and then continues into a ph corrector. I will then use a 'reverse osmosis' filter in the Kitchen to double filter the drinking water."

The Applicant has also been in contact with the Government Laboratory, regarding the possibility of utilising the spring who conclude that; "The water is contaminated by bacteria including faecal indicator organisms and cannot be considered to be fit for human consumption without treatment. In addition it is noted that the pH is below the minimum EU standard of 6.5 , however this would not of itself cause the water to be unsuitable for drinking."

Overall it is considered whilst a mains water pipe would be preferable, the proposal would provide an acceptable standard of water to the dwelling, and as the applicant has been informed from the Government Laboratory and suppliers of the necessary treatment apparatus, that the process is a simple and straight forward scenario.

The applicant is proposing a new soakaway and a new septic tank which are both standard measure within development in the countryside, and further details of them would be considered at any subsequent Building Regulations stage.

### Design

The design of the dwelling has been design to comply with Planning Circular 3/91. The dwelling would be finished in traditional Manx design, with a mixture of Manx stone and render finishes on the elevations, with a grey natural slate roof finish. Overall, it is consider the design does comply with Planning Circular 3/91 and therefore acceptable.

### Potential Impacts upon Neighbouring Residential Amenity

The closest neighbouring dwelling would be Narradale West located north of the proposed dwelling, approximately 92 metres away. Additionally, there is substantial screening between the two sites due to the many large mature trees and hedgerow. It is therefore considered due to the distance between the two properties and the boundary treatment; the proposed dwelling would have no adverse impact to the detriment of residential amenity of the neighbouring property, either through loss of light, an overbearing impact and/or overlooking resulting in a loss of privacy.

### Impact upon the surrounding landscape

As indicated within Environmental Policy 2, development within an area of High Landscape Value or Costal Value and Scenic Significance will only be permitted if the development would not harm the character and quality of the landscape; or the location for the development is essential. In this case as indicated within the principle of development within this section the justification for the

development has been proven and therefore it is considered the proposal would comply with Environmental Policy 2 as the development is essential for the farm operations and wellbeing of the animals/stock.

Regarding the impact the proposed dwelling would have upon the surrounding landscape, from the public highway which runs adjacent to the application site, the dwelling would not be apparent, due to the 2 metre high (approx) grass banking and the number of mature hedgerows and trees which vary in height from 3 to 6 metres in height (approx). These would act as a natural screen of the site. The dwelling would be partially visible from the access; however this is would only be a fleeting view when travelling along the public highway. Viewing from the public highway to the south of the application site again due to the grass banking, hedgerows and gradient of the land, the dwelling would not be visible. The dwelling probably would be most apparent when viewing the site from the north at a significant distance; hence the reasons why the applicant has proposed to site the dwelling in front of the existing barn and therefore reducing the visual impact as the backdrop of the dwelling would be the existing barn. Additionally, the applicant has proposed to keep the dwelling single storey and proposed to finish the north elevation of the dwelling in Manx stone, to further reduce the visual appearance of the dwelling, due the dark colour of the stone; compared to the northern elevation being finished in painted render, which would appear more apparent. Overall, it is considered the dwelling, whilst being possibly visible from a distance; the development has taken this into account, and reasonable measures have been taken to reduce the appearance within the surrounding landscape, and therefore the proposal from this aspect is acceptable.

## Recommendation

Overall, it is considered that the justification for an agricultural workers dwelling has been adequately proven, and a dwelling in this location would not have a significant detrimental impact upon the visual amenities of the surrounding countryside or have a significant impact upon the residential amenity of the neighbouring properties. For these reasons the proposal is considered to be appropriate in this location and the application is therefore recommended for an approval.

### 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 Narradale West, Sulby Narradale, Sulby Narradale Farm, Sulby

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:-

Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick 12 Croit Ny Kenzie, Andreas Springfield West, St Judes, Andreas Mr Eddie Teare, Member of the House of Keys

### Recommendation

Recommended Decision: Permitted

## 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 the agricultural workers dwelling as proposed in the submitted documents which are date-stamped 25th February 2008 and 8th April 2008.

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

C 4. The roof(s) must be finished in dark natural slate. C 5. In the interests of road safety visibility splays of 2 metres by 18 metres are required to be provided. C 6. This permission may be taken up only by Mr Carl W H Huxham.

### Decision Made : <br> 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/85200-lezayre-field-134898-narradale-garage-dwelling/documents/1567469*