21 October 2011 · Director of Planning and Building Control (delegated powers under Article 3(13) of Town and Country (Development Procedure) Order 2005)
Reayrt Garey, Main Road, Greeba, Isle Of Man, IM4 3lf
The proposal sought to remove condition 5 from the 1987 approval (PA 86/01334/B) for a two-bedroomed dormer bungalow at Norfolk Nurseries, Main Road, Greeba, which restricted occupation to persons whose employment or latest employment was in horticulture on the Island.
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The officer considered that para 8.9.4 of the Isle of Man Strategic Plan 2007 states such conditions 'will not usually be removed...unless it is shown that the long-term need for dwellings for agricul…
Paragraph 8.9.4 of The Isle of Man Strategic Plan
Requires that agricultural/horticultural occupancy conditions will not usually be removed unless long-term need for such dwellings on the farm and in locality no longer warrants it, typically needing evidence of targeted marketing/sale attempts at reduced valuation. Officer assessed applicant failed this test: no marketing evidence submitted; owners' adjacent move verifies site need; future ownership change risks new dwelling application. This tipped balance to refusal.
Environment Policy 2
Protects landscape character in Areas of High Landscape or Coastal Value and Scenic Significance unless development does not harm it or location essential. Site in such area; removal risks future extra dwelling eroding rural character, contrary to policy against countryside housing exceptions.
Environment Policy 15
Permits horticultural dwellings if need outweighs countryside policy restraint, sited near groups, sympathetic design. Noted as context for original approval; relevant to ongoing need assessment but pre-dates this dwelling.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need. Referenced for original justification; underscores removal risks precedent for new build.
Housing Policy 8
Requires occupancy conditions on agricultural dwellings. Basis for original condition 5.
Housing Policy 9
Requires agricultural dwellings sited adjoining farm buildings, set back from highway, via farm access. Bungalow complies despite pre-dating policy.
no objection to the application
do not oppose the removal of the horticulture worker occupancy, as there would be little or no material impact on traffic safety
Highways Division does not oppose the removal of the horticulture worker occupancy condition but requests conditions on access compliance; German Parish Commissioners have no objection.
Key concern: access must comply with standards for potential future resale as separate dwelling
Highways Division
Conditional No ObjectionHighways Division do not oppose the removal of regarding horticulture worker occupancy as there would little or no material impact on traffic safety.; the Highways Division wish that the pedestrian and vehicular access are defined and comply with Manxs Roads section 4.54 regarding private drives. That the drive must be at least 3.0m in width and passing points provided.
Conditions requested: pedestrian and vehicular access are defined and comply with Manxs Roads section 4.54 regarding private drives; the drive must be at least 3.0m in width and passing points provided
German Parish Commissioners
No ObjectionMy Commissioners have no objection to the above application.
The original application sought retrospective removal of condition 5 from PA 86/01334/B, restricting bungalow occupancy to horticultural workers, and was refused due to insufficient evidence of no further long-term need in the locality. The appellant argued the bungalow was surplus as they had moved to The Old Chapel for better oversight, relied on part-time staff with no need for on-site housing, and faced business risks from rival workers. The council defended the refusal citing policy requiring proof of no long-term need and risks of future additional dwellings. The inspector agreed, noting lack of marketing evidence to compliant occupiers, ongoing business need demonstrated by appellant's adjacent residence, and conflict with countryside policies if removal led to a second dwelling. The Minister accepted the recommendation to dismiss the appeal on 8 March 2012.
Precedent Value
Appeals to remove agricultural/horticultural occupancy conditions require robust evidence of sustained, targeted marketing to compliant occupiers and proof of no long-term locality need; personal business changes alone insufficient if site demonstrates ongoing requirement.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
