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                                                 16/00145/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00145/B Applicant : Rolf & Richard Dellborg Proposal : Removal of the agricultural occupancy condition attached to PA90/01792/B for the re-construction and extension of the dwelling Site Address : Knocksharry Farm Ramsey Road Peel Isle of Man IM5 2AF

Case Officer : Miss S E Corlett Photo Taken : 17.03.2016 Site Visit : 17.03.2016 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL

THE SITE 1.1 The site is the curtilage of Knocksharry Farmhouse - the footprint of the farmhouse itself and also around 8 acres of land to the north west, north, east and south, all of which lies on the north western side of the A4 coast road between Peel and Kirk Michael opposite the north western end of the Switchback Road.

1.2 The house is a relatively substantial one, compared with those dwellings in the vicinity - notably 1 and 2, Knocksharry Cottages which lie to the south, separated from the application site by a range of farm buildings which have been converted to residential accommodation (PAs 06/01722/B, 07/00615/B, 08/00760/B, 09/01791/B and 15/00507/B). The house is currently in need of attention in terms of maintenance and the rear extension is not complete.

1.3 Knocksharry House was built as a replacement for a former dwelling which appears to have been in existence for some time. No planning approval has been found for the erection of the dwelling which was the subject of an application for alterations, indicating that it was occupied as a dwelling prior to its replacement. The application for the replacement of the dwelling was approved under PA 90/01792/B. A subsequent application for extension was also approved - PA 02/01380/B.

1.4 The site is accessed by its own lane to the north east of the site, leading directly onto the A4.

THE PROPOSAL 2.1 Proposed is the variation of the original approval, removing the agricultural occupancy condition which read as follows:

"The occupation of the reconstructed and extended dwelling must be limited to persons whose full- time employment or latest employment is or was employment in agriculture in the Island and including also the dependants of such persons as aforesaid".

2.2 The applicant, Mr. Richard Dellborg Jnr indicates that he has lived in the house for 26 years from 1990 until the present day. He indicates that he still manages the farm but has part time work in a financial institution. The farm constitutes 255 acres which accommodated approximately 120 sheep.

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                                                 16/00145/B
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2.3 The applicant indicates that a nearby farmer has indicated that he would wish to buy the farmland but not the farmhouse which has been the subject of a separate purchase approach by two other parties. The sale was almost complete until the legal advisers realised there was an agricultural condition placed upon the property and as such have now requested that it be removed so that they can legally occupy the property.

2.4 The applicant explains that at the time of the building of the farmhouse, there were two agricultural workers who lived off site and one other dwelling on the site which was sold off in 2003. By 1998 there were no agricultural workers associated with the applicant as the farmland had been let out to the same famer who leases the land today, Mr. Chadwick whose main farmholding, dwelling and farm buildings are based at Cronk Breck Farm in Greeba, German.

2.5 In 2013 the applicant advised nearby farmers that the farm was for sale and despite interest shown by the tenant farmer and he who farms nearby Ballabooie Farm, no agreement was reached. The farm was then put on the market with Cowley Groves and despite interest expressed by the farmer of Ballabooie, again no deal was reached. The farmhouse was then marketed separately, without drawing attention to the agricultural occupancy condition. The Ballabooie farmer offered a price which was accepted and then learned of the agricultural occupancy condition. The Ballabooie Farm farmer is not interested in the dwelling which he intends to sell on, but wishes to add the land to their farm which already has a dwelling where the farm manager lives. There is a further 300 acres of land owned in association with Knocksharry Farm in which both the tenant farmer and the Ballabooie Farm farmer have an interest and who may buy this.

2.6 The dwelling is advertised for sale at £650,000.

PLANNING POLICY 3.1 The site lies in an area where development is generally resisted. Whilst there are provisions for agriculturally justified development, this is subject to scrutiny such that the need for the development must outweigh the principle of development where such is usually discouraged. Where agriculturally justified development is permitted, it is usually subject to a use condition which restricts the use of the building, whether this be a dwelling or a barn, to that use. Where such conditions are requested to be removed, the Strategic Plan advises that "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."

PLANNING HISTORY 4.1 The planning history of the application building is given at 1.3 with that for the agricultural buildings alongside in 1.2.

4.2 In the parish in the last ten years, there has been just one application for the removal of the agricultural occupancy condition (PA 14/01114/B - Arcadia, Ballagyr Lane) and no applications for new agricultural dwellings.

REPRESENTATIONS 5.1 German Parish Commissioners object to the application as they consider that the farm is still a viable agricultural unit (08.03.16).

5.2 Department of Infrastructure Highway Services do not oppose the application (17.02.16).

ASSESSMENT 6.1 The house is a substantial one which no longer has any farm outbuildings available to it. Whilst there is land attached to the farmhouse, it is not managed by the occupants of the farmhouse nor has been for some time. It is unclear why the occupancy condition was attached to the rebuilt dwelling as there is no evidence that the original house which the new one replaced, was subject to such a restriction.

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                                                 16/00145/B
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6.2 There is no evidence that there is a need for new farm dwellings in the area as demonstrated by the absence of applications for such and the fact that neither farmer who is interested in buying the land has any interest in the dwelling. In any case, the vast majority of the price being paid for the land and house is directed to the house - over £600,000 which is far beyond the average agricultural worker's income or likely to be affordable to a retiring farmer.

6.3 Whilst usually the removal of an agricultural occupancy condition is resisted in order to retain a supply of dwellings in the Island's countryside in order to manage its agricultural land, in this case, the absence of a justification for the attachment of the condition in the first instance, combined with a lack of evidence that there is any need for the dwelling to remain available for agricultural workers leads to the conclusion that it would be acceptable to remove the condition and allow the property to be occupied as a private dwelling without restriction. The site indicated in red in the application is a considerable area and not appropriate to all be residential curtilage which would bring with it permitted development rights for development. At present sheep are grazing on some of this area. As such, a condition should be applied to restrict the residential curtilage to the small area to the east of the house and the area to the west. Prior to the occupation of the house as approved the Department must have approved a further drawing illustrating the residential curtilage accordingly.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 17.03.2016

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. No approval is hereby granted to the status of all of the area edged red in the submitted plans as residential. Prior to the occupation of the dwelling as a private residence, the Department shall have approved a further plan depicting a smaller residential curtilage appropriate to the dwelling and thereafter the status of the land outwith this area shall remain agricultural/open space.

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                                                 16/00145/B
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Reason:To maintain the rural character of the site.

This approval relates to the drawings and plans received on 10th February, 2016.

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 : Approved

Committee Meeting Date:29.03.2016

Signed :S E 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

Customer note

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