**Document:** DEC Decision Notice
**Application:** 21/01444/B — Erection of 4-bedroomed bungalow, (agricultural worker's dwelling), and erection of agricultural barn and the construction of a private access road.
**Decision:** Refused
**Decision Date:** 2022-08-09
**Parish:** Marown
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/8339-braaid-field-321756-dwelling-outbuilding/documents/943907

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# DEC Decision Notice

GBS Design Services Ltd, Geoffrey Lawrence Brown Odin's Cottage Ballachrink Farm Colby

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Ian Kelly, Ref 21/01444/B, for the Erection of 4-bedroomed bungalow, (agricultural worker's dwelling), and erection of agricultural barn and the construction of a private access road. at Field 321756 & 321758 Braaid Road Braaid IM4 2AW for the following reason(s):

- 1. Housing Policy 7 part (a) of General Policy 3 of the Isle of Man Strategic Plan 2016 allow for the construction of new dwellings for agricultural workers where an essential need for such dwellings is established. It is concluded that such an essential need has not been demonstrated in this case such that the application is contrary to these two policies.
- 2. The isolated position of the dwelling within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent an unwarranted development that is detrimental to the amenity of the countryside contrary to the provision of Environment Policies 1 and Housing Policy 9 of the Isle of Man Strategic Plan 2016.
- 3. Given the limited amount of acreage owned by the applicant, the fact that the occupant would be a tenant farmer with limited term security of tenure and where the tenant farmer would not appear to be in need of a dwelling, in addition to the fact that there have been farm dwellings previously associated with some of the farmland being farmed by the applicant, the proposal would fail to accord with General Policy 3, Paragraph 8.9.3, and Housing Policy 7. No justification has been made in the application to explain why an additional agricultural workers dwelling should be provided to service the farms currently operated by the applicants, given that significant proportions of the acreage available to the applicant are already associated with farm dwellings.
- 4. In the absence of agricultural need sufficient to justify the proposed development, the proposed dwelling and barn, and particularly the proposed access lane leading to them and hardstanding area of farm yard would introduce built development in an area not currently so characterised, in conflict with the Landscape Character Appraisal for Braaid (D10) contained within the Area Plan for the East - which refers to the need to conserve and enhance the character, quality and distinctiveness of the area, with its open large pastoral fields. In addition the development would be contrary to Environment Policies 1 which protect the countryside for its own sake and where the protection of the character of the landscape will be the most important consideration and Environment Policy 15 and

- Housing Policy 9 which require new development to be built within or next to existing development.
- 5. The design of the dwelling proposed does not reflect the wording of policies 1-7 of Planning Circular 3/91 ('Guide to the Design of Residential Development in the Countryside'), and also fails to comply with the wording of Housing Policy 10 of the Isle of Man Strategic Plan 2016, which requires agricultural dwellings to generally follow those seven policies of the Circular. Insufficient justification has been made in the application to explain why the policies of the Circular or Housing Policy 10 should be set aside.

Date of Issue: 9th August 2022

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

the grounds for making the appeal; payment of the planning appeal fee (currently £305); and if relevant,

confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £115).

Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.

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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/8339-braaid-field-321756-dwelling-outbuilding/documents/943907*