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                                      18/00845/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00845/B Applicant : Miss Georgina Roddy & Mr Ryan Lockwood Proposal : Removal of condition 5 of PA 88/01017/B, Erection of farmworkers dwelling, regarding an agricultural occupancy condition Site Address : Shady Moar Shore Road Glen Maye Isle Of Man IM5 3BG

Principal Planner: Miss S E Corlett Photo Taken : 11.09.2018 Site Visit : 11.09.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.09.2018 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The dwelling, Shady Moar, shown in the submitted plans, may be used only as a private dwelling.

Reason: To clarify the extent of the approval.

Plans/Drawings/Information;

This approval relates to the information received on 9th August, 2018.

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Interested Person Status - Additional Persons

none __

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Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

THE SITE 1.1 The site is the curtilage of an existing bungalow, Shady Moar which sits on the northern side of the cul de sac which leads westwards from the A27 towards Glen Maye Beach. The vehicular lane becomes a pedestrian only access around 300m to the west of the site and this pedestrian access leads to the beach. A myriad of public footpaths run through this part of the parish.

1.2 The road serves a small number of properties: as well as Shady Moar there is Ballakerkey Farm which comprises tourist accommodation and residential property and land surrounding the application site, with which it was formerly associated. Further east are more dwellings - Falls View and 1 and 2, The Falls which are large houses built in the 1990s alongside which is Creg ny Shee, a two storey relatively modern property beside which is Waterfall House, a traditional and much older Manx cottage which sits next to the Waterfall Hotel, up until a few years ago, an operational public house and restaurant which has recently been the subject of an application for redevelopment for housing (17/01189/B). Opposite the hotel is a large car park which serves the hotel and the glen.

1.3 The road is very rural in nature, with a national glen surrounding the Glen Maye river on the southern side of the lane/footpath.

1.4 The site accommodates Shady Moar, the three bed bungalow and a small shed and a stable with 380 sq m of paddock to the west alongside the road which is generally lower than the site.

THE PROPOSAL AND PLANNING HISTORY 2.1 Proposed is the removal of the condition applied to the original approval for the dwelling, which restricts occupancy of the dwelling to persons engaged in agriculture.

2.2 Shady Moar was approved under 88/01017/B: the occupancy of this dwelling was restricted to occupancy by an agricultural worker. Specifically the condition of approval stated;

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

2.3 This property was the subject of an application in 2006 for the removal of the agricultural occupancy condition/ 06/01343/C. This was refused for the reason that it had not been demonstrated that there was no longer a need for agricultural workers' accommodation in this locality and reference was made to the asking price for the property, £355,000, being too high for an agricultural worker to afford. The Planning Officer dealing with that application referred to an expectation that agricultural properties would be less costly, the price being reduced by up to 30%. This would bring the price down to £249,000.

2.4 The application includes letters from the owners of Inner Gordon Farm and Ballachrink Farm both of whom indicate that they have no need for or interest in buying or leasing the bungalow.

2.5 The applicants explain that the original farm which supported the application for the bungalow, operated on the basis of 45 acres and had crops and barley with cattle. They explain that the property has been on the market with the agricultural tie clearly included in

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                                      18/00845/B                                     Page  3  of  4

the marketing information and the property is for sale at £242,500. The clarify that the owners retired from farming over 20 years ago and the property comes with no agricultural land, the land now with the adjacent Ballakerkey holding and with some of the buildings having been converted to tourist accommodation.

2.6 They do not believe that there is a need for this property by someone who could satisfy the agricultural occupancy condition and that this has been demonstrated through the marketing of the property at 30% less than it was at the time of the earlier refusal of the application for the removal of the agricultural tie.

PLANNING POLICY 3.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as not for a particular purpose and of High Landscape Value and Scenic Significance.

3.2 As such, there is a presumption against development here as set out in Strategic Plan General Policy 3, Environment Policies 1 and 2 and particular policies against development of new dwellings - Housing Policy 4 and Strategic Policy 2.

3.3 Exceptions to these policies can be made for certain requirements, including agricultural need which is expressed in Environment Policy 15 and Housing Policies 6-10, referring to agricultural buildings and dwellings.

3.4 HP 8 explains that if approved, a condition would usually be attached to restrict the occupancy of the property to someone who was employed in agriculture. Paragraph 8.9.4 states: "Such a condition will not usually be removed on subsequent applications unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose.

REPRESENTATIONS 4.1 Highway Services have no objection on the basis that there should be no significant change in highway use from the proposed change (07/09/18).

4.2 Patrick Parish Commissioners seek a deferral pending the outcome of their meeting on 10th September, 2018 (23/08/18).

ASSESSMENT 5.1 The issue is whether the dwelling is still required for agriculture and whilst the land which previously supported the construction of this house has now been sold off separately, it is still relevant that those farming other land in the vicinity, may be in need of an agricultural dwelling close to these operations. One way of demonstrating this is for those farming locally to be approached to see if they are interested in the property: two local farmers have been approached and have indicated that they are not. In addition, the length of time that the property has been marketed and at what price are also considerations, particularly given the previous refusal. The property has been marketed for at least two years and at a price which is more than 30% lower than the previous asking price. This price of £242,500 is lower than comparably sized rural properties elsewhere on the Island (Rhen Cullen in 1⁄2 acre at £380,000, Dollagh, Ballaugh at £550,000 and Shore Road, Ballaugh in 2.75 acres at £499,950).

5.2 The farm originally had a limited acreage and arguably not one which would nowadays be considered sufficient to justify one, never mind two dwellings, particularly given the proximity of Glen Maye village and the various properties which are available for occupancy there and within minutes' walking distance of the site. In the vicinity there are a number of farms, not necessarily all working - Ballacreggan, Raby, Gordon, Ballelby, Ballalaa, Treljah and Ballaquane all of which have at least one dwelling available to them. In addition, Dalby House on the other side of the river, is associated with agriculture (agriculturally rated).

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5.3 The applicants also point out that the limited width of the lane would limit the amount of agricultural traffic which could access the site and the site itself is not of a size that could accommodate agricultural vehicles of any size. Interestingly, the Google Streetview image of 2010 shows a tractor parked on the opposite side of the lane from the application building.

CONCLUSION 7.1 It is considered that there is no longer a need for this property as has been demonstrated by the marketing of the property, with the agricultural occupancy condition clearly visible, at a price which reflects this restriction and also given the nature of the property and its available land. As such, the application is supported.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted... Committee Meeting Date:...17.09.2018

Signed :...S CORLETT... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

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