21 May 2019 · Head of Development Management (Stephen Butler)
Mount Karrin Farm, Sulby Glen, Sulby, Isle Of Man, IM7 2bb
The proposal was for approval in principle to erect an agricultural worker's dwelling next to an existing agricultural building on a 2.11-acre site off a private farm lane on the western side of the A14 Sulby Glen Road, part of a larger 410-acre farm (80 acres cultivatable, 339 acres rough grazing) used for sheep farmi…
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The officer accepted the farm requires one standard labour unit (rising to 1.3 post-improvements) for managing 400 ewes but concluded there was no 'real agricultural need' for an on-site dwelling, as …
Environment Policy 1
Protects countryside for its own sake; development not permitted unless overriding national need outweighs protection and no alternative. Officer assessed no overriding agricultural need sufficient to justify housing in countryside.
Environment Policy 2
Protects Areas of High Landscape Value and Scenic Significance; development only if no harm to landscape character or location essential. Site in such area; need not essential to override landscape protections.
Environment Policy 15
Permits agricultural dwellings if need outweighs countryside policy, sited near building groups, sympathetic to landscape. Agricultural need not demonstrated to outweigh general policy; siting near highway not ideal but secondary to need test.
General Policy 3
Presumption against countryside development except essential agriculture/forestry housing. New dwellings assessed on need, siting, design, size; officer found need not essential.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real agricultural need demonstrated. Failed strict test; one labour unit accepted but not justifying on-site over off-site housing.
Do not oppose subject to condition for suitable site access in future reserved matters/detailed application
Lezayre Parish Commissioners raised concerns about agricultural need, past unauthorized works, site stability, flooding, silt buildup, and sewage disposal; DEFA Forestry requested details on drain installation to protect woodland trees; Highways had no objection subject to a condition on future access arrangements.
Key concern: insufficient substantiation of need for agricultural workers dwelling and past unauthorized works affecting site stability
Lezayre Parish Commissioners
The Commissioners will take guidance from DEFA to substantiate the need for an agricultural workers dwelling on this site. Is there sufficient increase in number of sheep from the last application in 2011?; In 2012 the owner undertook extensive works to the zig zig path above, without the authorised planning permission. Have any investigations taken place to assess the stability of the track since this work was undertaken?; During the recent wet weather we noticed flooding on the road below with a build up of silt and also a build up of silt at the bottom of the track, which sometimes blocks the road gulley. What are the arrangements currently on site for the disposal of foul sewage?
DEFA Forestry
Conditional No ObjectionThese trees make a significant contribution to the character to this section of road.; One of the plans submitted with the application appears to show a drain installed through this area of woodland. If this application is approved a future reserved matters application should provide greater detail of where and how this drain would be installed, particularly how this would be done without causing damage to existing/retained trees.
Conditions requested: future reserved matters application should provide greater detail of where and how this drain would be installed, particularly how this would be done without causing damage to existing/retained trees
Highway Services
Conditional No ObjectionIt is noted that means of access is not to be considered as part of this application.; Highway Services does not oppose the application subject to a planning condition for suitable site access arrangements to be proposed and agreed as part of a future reserved matters or detailed planning application.; Recommendation: DNOC
Conditions requested: planning condition for suitable site access arrangements to be proposed and agreed as part of a future reserved matters or detailed planning application
The original application 19/00292/A for approval in principle for an agricultural worker's dwelling was refused by DEFA Planning on grounds of insufficient established agricultural justification to outweigh countryside protections. The appellant argued the farm requires one full-time worker, no suitable on-site or nearby accommodation exists, and on-site living is essential for welfare, biosecurity, snow access, and worker facilities. The council defended the refusal citing policy requirements under IMSP EP1-2, GP3, EP15, HP7/9 for overriding agricultural need with no alternatives, noting the farm's prior operation without an on-site dwelling and proximity to settlements. The inspector found labour need accepted but essential on-site residency unproven due to outdated evidence, lack of financial viability data, property search, or business plan; siting was acceptable if need justified. The appeal was recommended dismissed.
Precedent Value
Appeals require current, robust evidence of essential on-site need including viability, alternatives search, and quantified benefits to override countryside policies; prior ministerial overrides (e.g. 13/00075/A) emphasise case-by-case merits but demand fresh proof.
Inspector: Brian J Sims BSc(Hons) CEng MICE MRTPI
