8 March 2013 · Minister for Infrastructure - By Order of the Minister, I T Thompson (Chief Executive)
Field 220846, Bollyn Road, Ballaugh, Isle Of Man, IM7 5ay
The proposal was for approval in principle to erect a single-storey 2-bed farm worker's cottage (assistant farm manager dwelling) in the southwest corner of Field 220846, adjacent to the existing farmstead at Seafield Farm, accessed via the existing farm track.
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The Minister found arguments finely balanced but concluded real agricultural need existed, overturning the refusal. DEFA calculated 2.62 labour units needed (equating to 2 full-time operatives) based …
General Policy 3
Restricts countryside development except essential agricultural housing (cross-ref Housing Policies 7-10). Minister found exceptional need justified approval despite general presumption against.
Housing Policy 4
New countryside housing only in exceptional cases including essential agricultural workers' housing per HP7-10. Proposal tested as qualifying exception.
Housing Policy 7
Requires real agricultural need in exceptional circumstances. Key issue; DEFA labour calculation + para 8.9.2-3 assessment tipped balance for Minister despite officer doubts.
Housing Policy 8
Requires agricultural occupancy condition if approved. Condition imposed.
Housing Policy 9
Siting must adjoin farm buildings, set back from highway, via existing access. Both officer and inspector/Minister agreed proposal compliant.
Housing Policy 10
Design per Planning Circular 3/91. To be addressed at reserved matters stage.
Environment Policy 2
Protects AHLV character unless no harm or essential location. Agricultural need + functional siting justified.
Environment Policy 15
New ag buildings/dwellings where need outweighs countryside policy, sited near groups, sympathetic scale/form. Siting close to farmstead acceptable.
Reserved matters time limit
The application for approval of reserved matters shall be made to the Planning Authority before the expiration of 2 years from the date of this approval.
Reserved matters approval
Approval of the details of siting, design and external appearance of the dwelling, internal layout, means of access and landscaping of the site (hereinafter called the "reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
Approved plans
The approval in principle relates to the erection of a dwelling on the land defined by the red line on Drawing No. 684-01 date stamped as received on 24 January 2013.
Agricultural occupancy restriction
The dwelling hereby approved shall be occupied only by a person or persons engaged or last engaged solely in agriculture, or a widow or widower of such a person, or any resident dependents.
no opposition subject to condition for farm lane entrance wide enough for two-way traffic
proposal has some agricultural attractions; labour requirement 2.62 standard units
The original application for approval in principle for a 2-bed single storey farm worker's cottage was refused due to insufficient agricultural justification in an area of High Landscape Value. The appellant argued strong functional need based on DEFA's 2.62 labour unit assessment, 24/7 coverage requirements, appellant's age, and lack of viable local accommodation. The Council defended the refusal citing recent prior farm dwelling approval, personal circumstances over true need, and proximity to Ballaugh village. The inspector found agricultural need indicated but not sufficiently proven due to reliance on short-term rented land and inadequate evidence on alternatives, recommending dismissal. The Minister overruled, accepting need under Strategic Plan paragraphs 8.9.2-3, dismissing viability concerns as not policy-required for established farms, and finding alternative accommodation sufficiently discounted, resulting in approval subject to conditions.
Precedent Value
Demonstrates ministerial override possible where inspector applies overly stringent viability tests not explicitly policy-required for established farms; applicants should provide tenure history for rented land and basic local accommodation market evidence, but each case decided on merits without strict precedent.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
