16 September 2014 · Planning Committee
Cronk-Ny-Fessag, Little London, Kirk Michael, Isle Of Man, IM6 1bd
The proposal seeks to remove an existing occupancy condition from the detached dwelling at Cronk-Ny-Fessag, which previously restricted occupation to persons employed or engaged in agriculture and/or equestrian activities.
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The officer assessed whether there is still a need for an agricultural dwelling, enforceability of the condition, and its reasonableness.
Housing Policy 7
Requires new agricultural dwellings only in exceptional circumstances with demonstrated real agricultural need. The officer referenced this as relevant to agricultural dwellings but focused assessment on removal criteria rather than new permissions; no direct test applied as proposal is condition variation.
Housing Policy 8
Mandates occupancy conditions restricting agricultural dwellings to persons engaged in agriculture or dependants. Officer noted this supports tying dwellings to agricultural use but highlighted the existing condition's poor wording undermined this intent, leading to approval despite policy intent.
Paragraph 8.9.3 of The Isle of Man Strategic Plan
Sets criteria for judging agricultural need, including land severance, farm viability, part-time employment, etc. Application failed this as no evidence provided of no ongoing need, but officer overrode due to enforceability issues.
Paragraph 8.9.4 of The Isle of Man Strategic Plan
States such conditions not usually removed unless no long-term need for agricultural workers' dwellings on farm or locality. Applicant provided no such evidence, failing the test, but removal justified by condition's ambiguity and practical unenforceability.
Approval scope
This approval relates to the removal of agricultural/equestrian occupancy condition (1 of planning application PA 99/01051/B) from dwelling (Cronk-Ny-Fessag) detailed within the planning application. The effect of this approval is to allow the occupation of the dwelling without restriction. This approval relates to Drawing Location Plan date stamped 28th July 2014.
no objections
