DEC Officer Report

Application No.: 19/01336/B Applicant: Mr & Mrs W Bennett Proposal: Removal of condition 11 of PA 38876, Conversion of barn to farm dwelling, regarding agricultural workers occupancy Site Address: Rhenny Mooar Farm Rhenny Mooar Lane Greeba Isle Of Man IM4 2DT Planning Officer: Mr Paul Visigah Photo Taken: 06.02.2020 Site Visit: 06.02.2020 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 24.02.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The dwelling may be used only as a private residential property. Reason: To clarify the intention of the decision.

This application has been recommended for approval for the following reason.

Overall, it is considered that there is no longer a need for the agricultural tie on 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.

Plans/Drawings/Information;

This approval relates to the Location Plan, Site Plan, Map of Road Network near site, Agricultural Questionnaire, Additional Information, Rate Demand for applicant dated 1 April

2019, Decision Notice for PA 38876, Appendix 1, Appendix 2, Appendix 3, Appendix 4 and Appendix 5, all received on 26th November, 2019. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE PLANNING COMMITTEE FOR DETERMINATION BECAUSE THE APPLICATION IS FOR THE REMOVAL OF AN AGRICULTURAL OCCUPANCY CONDITION.

THE SITE

1.1 The application site represents the curtilage of Rhenny Mooar Farm, Rhenny Mooar Lane, Greeba. The site is located at the end of Rhenny Mooar Lane and is occupied by a detached dwelling, a modern agricultural barn and a stone farm building. The dwelling is part of a farmland which totals 26 acres of which 6 acres are classified as semi-natural, which cannot be intensively farmed. The remaining 20 acres are permanent pasture suitable for grazing with sheep. - 1.2 The dwelling currently has an agricultural occupancy condition attached which restricts the occupancy of the property to those whose employment is in agriculture, which restrict the sale of the property to non-agricultural occupants, despite the fact that the farm has not been agriculturally productive in recent years. - 1.3 To the north east of the site are Rhenny Mooar Bungalow, Villa Rhenny Greeba, and Rhennybeg which are residential dwellings without restrictions to occupancy within an area devoted to agriculture.

THE PROPOSAL

2.1 The application seeks approval for the removal of condition 11 of PA 38876, Conversion of barn to farm dwelling, regarding agricultural workers occupancy, this condition states:

C11. "The dwelling must be occupied by a farm worker or a person engaged in agriculture and such tenancy must be subject at all times to enquiry and approval by the Planning Committee"

2.2 The application includes letters from Manxmove Estate Agents, intended buyers, as well as Memorandum of Sale from Cowley Groves which indicate that there have been offers for the property; however these have not come to fruition due to the agricultural tie which has limited buyers who have not been able to obtain loans from banks to facilitate purchase. The additional information provided by the applicant has also shown that the applicants were willing to accept a reduced offer in the region of £750,000 (£200,000 pounds lower than their asking price, but were unable to sell the property as the intended buyer asked for a condition that the applicants provide a loan of £460,000 payable over 19 years to enable them purchase the property since they were unable to secure a mortgage for the property with the agricultural condition; a condition that as accepted by the applicant, although they were unable to provide the loan to the purchaser. - 2.3 The applicants explain that they wrote to several local farmers in August 2019 with the aim of selling the farm to those engaged in agriculture within the vicinity of the farm, but

received only two responses despite enclosing stamped addressed envelopes. The response from one of the respondents stated thus:

'The property would be unsuitable for any of their agricultural workers as the road access is impractical for any modern tractors or equipment, which the workers would be required at times to take home overnight'; a condition which further impedes the ability to sell the farm to agricultural workers, since the applicants do not own most of the road and as such the possibility of widening or straightening the access road is severely constrained.

2.4 From the details provided by the applicants, the original farm which supported the farm dwelling, operated on the basis of 20 acres which they farmed for 20 years, but due to the farm size soil type and climate, was no longer profitable; a condition which necessitated the Income Tax Office to decide that the farm was not a commercial business. As such, they have since moved to another in Union Mills and put the property up for sale with the agricultural tie clearly included in the marketing information, as they could no longer support the farm operations with their dwindling income, as they have also retired from any remunerated employment. - 2.5 Additionally, the information provided regarding the previous occupants of the property has shown that since 1975, the property has been occupied by farmers and non-farmers, with the property being occupied by a lawyer and those engaged in the finance sector for long periods.

PLANNING POLICIES

3.1 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Given the nature of the application it is appropriate to consider Environment Policy 1, General Policy 3, Housing Policy 8 and Paragraph 8.9.4 of The Isle of Man Strategic Plan 2016.

3.2 Environment Policy 1 The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. - 3.3 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 land¹ 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 ;
• 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.

3.4 Housing 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.

3.4.1 Paragraph 8.9.4 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.

3.5 Section 7.13. Agriculture

• 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agricultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation-based land management regimes (including appropriate tree and shrub planting). However, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man(1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the most versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the release of Class 1 and 2 agricultural land for development.

The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil with these parts being avoided for development purposes.

• 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the diversification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses):

• (a) for which there is no local need;
• (b) which would materially effect the rural character of an area;
• (c) which would necessitate the creation of new buildings; and
• (d) which would be more appropriate in industrial zones, business parks or within urban centres.

• 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for new buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition.
• 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the countryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.

3.6 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map. PLANNING HISTORY - 4.1 In addition to PA 38876, the following previous planning applications are considered to be specifically material in the assessment of the current application: PA 02/00697/B Erection of conservatory - approved PA 08/01387/B Conversion of farm building into ancillary accommodation - approved

Note: These applications were approved to facilitate the residential use of the property to support the applicants of the dwelling. The applications are similar to other applications reinforcing residential use of dwellings within the vicinity of the application site, which were carried out without reference to agricultural use of the properties as the delimitation of the property boundaries for these applications showed the works to be within residential curtilage.

The applications are; PA 12/00586/B for Installation of replacement windows and door to front elevation (Rhennybeg) - Approved

PA 10/00743/B for Erection of a detached garage with storage above (retrospective) Rhenny Mooar Bungalow - Approved

PA 05/00186/B for Alterations and erection of single storey extensions to the north and south elevations to provide additional living accommodation, re-roofing with plain reconstituted slate and installation of dormer and rooflight windows, (Rhenny Mooar Bungalow) - Approved

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that that they 'Do no oppose' in a letter dated 18 December 2019.

5.2 German Commissioners have stated that they have no objection to the application in a letter dated 29 January 2020.

ASSESSMENT 6.1 The application seeks approval for the removal of the agricultural occupancy condition.

6.2 The countryside is protected for its own sake as set out in Environment Policy 1 and only exceptionally will permission be granted outside of areas zoned for development. One of these exceptions is set out under General Policy 3 which is essential housing for agricultural workers who have to live close to their place of work. Agricultural workers dwellings are only approved when there is sufficient justification to override the presumption against development in the countryside.

6.3 As Paragraph 8.8.4 of the Strategic Plan indicates, 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. Given that the applicant has stated that the farm has been unprofitable, with the Income Tax Office declaring the farm was not a commercial business due to the poor turnover in 2009 (which was the best year when the loss before capital allowances was only £138); it is considered that the retention of the agricultural condition was no longer reasonable. This is also reinforced by the fact that attempts to sell the property to local farmers have proved to be a failure consequent on the state of the site access (the limited width of the lane would limit the amount of agricultural traffic which could access the site) and the nature of the land (weather, soil type and topography) which has prompted farmers to pursue intensification of their existing farm holdings without the need to acquire additional farm land. - 6.4 Likewise, the farm originally had a limited acreage and arguably not one which would nowadays be considered sufficient to justify a productive farm holding, particularly given the poor access and the state of the land with soils in the capability class of 3 and 3/4. Considering Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management, while Class 4 are poor quality agricultural land with severe limitations which significantly restrict the range of crops and/or level of yields, the re-sale of the land for agricultural purposes has been significantly impeded, with the applicants having no other option but to sell to non-agriculture occupants who would only be able to acquire the land if the agricultural tie is removed, as mortgage finance has been difficult to obtain due to the agricultural tie on the land. - 6.5 Based on the foregoing, it is noted that the removal of the agricultural tie would facilitate the sale of the property and ensure that it is put into productive use without the property falling into dereliction as it is currently unoccupied.

CONCLUSION

7.1 The application to removal condition 11 is considered to be acceptable and recommended for approval.

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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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:…02.03.2020 Signed : P VISIGAH 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 See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

Planning Committee Decision 02.03.2020

Application No. : 19/01336/B Applicant : Mr & Mrs W Bennett Proposal : Removal of condition 11 of PA 38876, Conversion of barn to farm dwelling, regarding agricultural workers occupancy Site Address : Rhenny Mooar Farm Rhenny Mooar Lane Greeba Isle Of Man IM4 2DT Planning Officer : Mr Paul Visigah Presenting Officer As above Addendum to the Officer’s Report The Planning Committee approved the application at its meeting of 2nd March, 2020 subject to the addition of "single" in condition 2.

Conditions of Approval

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The dwelling may be used only as a single private residential property.

Reason: To clarify the intention of the decision. This application has been recommended for approval for the following reasons(s) Overall, it is considered that there is no longer a need for the agricultural tie on 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.