26 July 2012
Tramman, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hd
The proposal sought removal of condition 7 from prior approvals (1982/1984), which stated 'The proposed dwelling must be retained as part of the agricultural holding known as "Ballamanagh" as defined in the submitted plan and must not be sold or let off separately therefrom.' The property is a four-bedroom detached hou…
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Andrew Jessopp objected to the removal of the agricultural condition citing policy concerns and future farm needs, while Lezayre Parish Commissioners initially requested a deferral and later refused, recommending retention of the property as part of the farm holding with a potentially amended condition.
Key concern: property should be retained as part of the Agricultural Holding to prevent future pressure for new countryside dwellings
Andrew Jessopp
ObjectionI object to the application on the grounds that only in exceptional circumstances should an agricultural condition be removed; The property should not be severed from the holding as there is no real justification provided to support the application; the best option for the applicant is... to apply for an additional use as tourist accommodation
Lezayre Parish Commissioners
No CommentThe Commissioners would like to delay their decision on this one until the outcome is known regarding the appeal for planning application number 08/00958B
Lezayre Parish Commissioners
Objectionthe commissioners now also refuse removal of planning condition 7; The property should be retained as part of the Agricultural Holding known as Ballamanaugh; condition 8 be amended. A condition less onerous than the original Condition 8 should be applied
Conditions requested: A condition less onerous than the original Condition 8 should be applied; This revised condition may make the marketing for a potential rental easier than before
The original application sought removal of conditions tying the 4-bedroom dwelling, built in 1982/1984 as part of Ballamanagh Farm, to agricultural occupancy. The Planning Committee refused, citing policy requiring proof of no long-term need for agricultural workers locally. Appellant argued the property was marketed without success at market rates unaffordable to agricultural workers, no interest shown, and policy testing was flawed. Inspector found marketing inadequate (e.g., 'price on application' and high rent of £950/month), reaffirmed need-testing policy requiring 25-30% discount, rejected claims of owner sacrifice, and dismissed the appeal. Minister confirmed the dismissal.
Precedent Value
Reinforces strict policy requiring 25-30% discount marketing for 6+ months to prove no agricultural need; applicants must follow this precisely and provide demand evidence, or risk dismissal.
