20 August 2010 · Delegated - Director of Planning and Building Control
Clyeen, Douglas Road, Kirk Michael, Isle Of Man, IM6 1au
The proposal was for approval in principle to erect a small agricultural dwelling with integral garage, located 24 metres northeast of an existing agricultural barn within field 234356 at Currach Ne Frey, Clyeen Farm, Douglas Road, Kirk Michael.
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The officer assessed that policies like Strategic Policy 2, General Policy 3, Housing Policy 4 and 7 require 'essential agricultural need'—defined as 'completely necessary'—to justify a new countrysid…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in towns/villages, exceptionally in countryside. Officer found no exceptional justification due to lack of essential need, so proposal contravenes policy's containment aims.
General Policy 3
Presumption against countryside development except for essential agricultural housing at (a). Assessed against 24m separation from barn; failed as no essential need proven.
Housing Policy 4
Exceptions to countryside dwellings at (a) for essential agricultural workers' housing. Failed test as convenience arguments insufficient.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need demonstrated per para 8.9.3 factors (e.g. no severance, part-time nature). Labour units 0.49 confirmed part-time; no overriding factors.
Environment Policy 1
Protects countryside character. No justification to set aside for new dwelling.
Environment Policy 2
Protects countryside for its own sake. Failed due to lack of essential need.
Do Not Oppose - 20.08.2010 (after additional access/visibility information)
Erection of agricultural worker's dwelling has some agricultural attractions
Comments received
DEFA Agricultural Advisor finds some agricultural attractions but notes part-time nature; Highways Division defers pending access details; Michael Commissioners object due to lack of detailed plans and perceived exploitation of planning system.
Key concern: exploiting a weakness in the planning system, when farm buildings are split from the farm
DEFA Agricultural Advisor
Conditional No Objectionthe erection in principle of an agricultural worker's dwelling at Cyleen Farm...has some agricultural attractions; The current enterprise is of a size which this Department would view as a part time agricultural business; The changes proposed are intended to improve the sustainability of the holding
Highways Division
No CommentDefer; Information required on the access arrangements to the dwelling. Is it to use the existing access? Will the existing access be able to cater for the increase in vehicle movement? The width of proposed access, can it accommodate 2 way traffic?
Michael Commissioners
ObjectionObjection; The Commissioners do not feel they can comment on this application, as they would need to see detailed plans before they could agree; this is exploiting a weakness in the planning system
The original application for approval in principle for an agricultural dwelling was refused by the Director of Planning and Building Control on 20 August 2010 due to insufficient demonstration of essential agricultural need to override countryside protection policies. The appellants argued the farm required 0.76 standard labour units (disputing DEFA's 0.49 figure), highlighted benefits like reduced travel time, improved stock supervision, biosecurity, health and safety, business expansion, and Mrs Beards' multiple sclerosis needs. The inspector acknowledged benefits but found no 'real agricultural need' per Housing Policy 7, as labour units fell short of a full-time worker requirement, contravening countryside protection policies. The inspector recommended dismissal following a public inquiry on 24 November 2010, which the Minister accepted on 25 January 2011.
Precedent Value
Demonstrates strict application of 1 standard labour unit threshold for agricultural dwellings; appellants must prove full-time worker need via robust, verified calculations exceeding DEFA assessments, beyond mere convenience or expansion potential, to override countryside protections.
Inspector: John S Turner
