16 August 2011 · Delegated - Development Control Manager (Jennifer Chance)
Ballaloaghton, Kerrowkeil Road, Grenaby, Ballasalla, Isle Of Man, IM9 3bb
The site is a detached farmhouse with renovated barns and approximately 40 acres of organic pasture in open countryside. The proposal sought to remove the agricultural occupancy tie imposed on planning permission 02/00412/B for the erection of the dwelling, which required occupation by persons employed or last employed…
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The officer determined there was insufficient evidence to demonstrate no further long-term need for agricultural workers' accommodation on the farm or in the locality, per Planning Circular 3/88 parag…
New Agricultural Dwellings
Requires evidence of no long-term need for agricultural workers on the farm or locality before removing ties; officer found marketing at open market price inadequate to test affordability for workers, interest from farmers showed demand persists.
Housing Policy 7
Permits new agricultural dwellings only in exceptional circumstances with proven need; original approval justified by DEFA advice on stockperson requirement, but removal requires proving need ceased.
Do not oppose as no adverse traffic management, parking or road safety implications
The original application (11/00745/C) to remove the agricultural occupancy tie from Ballaloaghtan farmhouse was refused by the Development Control Manager on 16 August 2011 due to insufficient evidence of no long-term need for agricultural workers' accommodation locally. Appellants argued reduced agricultural holdings, distinction between principal farmers and workers, and marketing difficulties due to the condition. The inspector, following a public inquiry on 15 November 2011 and site visit, found the appellants failed to demonstrate no ongoing need on the farm or in the locality per Planning Circular 3/88, despite accepting some evidence like census data and valuations. The case was finely balanced due to unusual circumstances but the onus was not met, risking precedent for countryside dwellings. The appeal was dismissed, confirming the refusal.
Precedent Value
Sets high evidential bar for removing ag ties in IOM countryside: applicants must prove no long-term need via farm-specific data beyond marketing/census, or risk dismissal on precedent grounds even if finely balanced.
Inspector: Anthony J Wharton
