13 August 2020 · Planning Committee
Swallows Rest, Bayrauyr Road, St. Marks, Ballasalla, Isle Of Man, IM9 3at
The proposal sought to remove the agricultural worker occupancy restriction imposed on the replacement dwelling approved under PA 09/00703/B in 2009 at Swallows Rest, a traditional two-storey Manx cottage-style house set back over 100m from the road in a rural location with high hedges.
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The Planning Committee disagreed with the officer's recommendation to permit the removal of the agricultural tie, unanimously refusing the application.
General Policy 3
Presumption against development in unzoned countryside areas. The proposal conflicts as removing the tie would enable open market residential use without agricultural justification, failing the exceptions for agricultural need.
Environment Policy 1
Restricts development in countryside. Applied alongside other environment policies against new dwellings unless essential agricultural need proven; committee found this not demonstrated.
Environment Policy 2
Further countryside protections. Officer noted relevance but committee overruled, citing insufficient evidence against retaining agricultural restriction.
Environment Policy 15
Exceptions for agricultural dwellings/buildings. Removal requires proof of no ongoing need; committee held evidence inadequate despite officer's view.
Housing Policy 4
Against new dwellings in countryside. Ties into agricultural exceptions; proposal fails as land retains agricultural potential.
Strategic Policy 2 - Priority for new development to identified towns and villages
Strategic countryside protections. Relevant to assessing open market housing risk from tie removal.
Housing Policy 8
Agricultural occupancy conditions not usually removed unless long-term need no longer warrants reservation, per para 8.9.4. Officer found test met due to non-use, poor land, marketing failure; committee disagreed, finding evidence insufficient.
no objection (04/06/20)
no objection (27/05/20)
Both DOI Highways Division and Malew Parish Commissioners have no objections to application 20/00473/B for variation of condition 4 of PA 09/00703/B to remove agricultural tie at Swallows Rest, Gibdale Farm.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 27.05.2020
Malew Parish Commissioners
No ObjectionMalew Parish Commissioners have no objections to the following planning applications.; 20/00473/B Swallows Rest, Gibdale Farm, Bayrauyr Road Variation of condition 4 of PA 09/00703/B to remove agricultural tie
The original application sought variation of condition 4 of PA 09/00703/B to remove the agricultural tie from Swallow’s Rest, a replacement agricultural worker’s dwelling. It was refused by the Planning Committee contrary to officer recommendation, citing loss of agricultural dwelling and insufficient evidence of lack of need per Strategic Plan policies. Appellants argued no agricultural use of farm, no local need evidenced by survey and sales attempts, and condition never justified. Inspector found no current or long-term need to retain the condition given farm viability, property value unaffordable to workers, and lack of occupancy history by agricultural workers. Minister concurred with Inspector's recommendation to allow the appeal on 12 January 2021, approving removal of the condition subject to conditions relating to approved plans.
Precedent Value
Demonstrates that ag occupancy conditions can be successfully removed with robust evidence of no farm/locality need and property mismatch, even against Committee refusal. Future applicants should prioritise financial viability data, surveys, and marketing proof over general trends.
Inspector: Michael Hurley BA DipTP
