14 April 2014 · Minister for Infrastructure, the Hon P A Gawne MHK (via Chief Executive N J Black)
Grenaby Farm, Grenaby, Ballasalla, Isle Of Man, IM9 3bd
The proposal sought removal of the condition limiting occupation of the replacement farmhouse (approved PA 93/00286/B in 1993) to agricultural workers or their dependents at Grenaby Farm, a 17ha rural site with ~42 acres of grassland under informal grazing.
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The inspector found the case finely balanced but recommended allowing the appeal due to over 9 years' non-compliance with the condition (likely extending prior), no enforcement action by the authority…
Spatial Policy 5
Requires new development in settlements; countryside exceptions via GP3. Assessed as relevant context for agricultural exceptions but not directly tested for condition removal.
General Policy 3
Permits essential agricultural housing as countryside exception. Inspector emphasised importance of retaining ties to prevent policy abuse unless convincing evidence of no need.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need. Current land (37.7ha grassland) assessed by DEFA as insufficient to sustain a living or justify dwelling.
Housing Policy 8
Requires occupancy condition on agricultural approvals. Para 8.9.4 key test: ties not usually removed without proof no long-term need on farm/locality; marketing evidence lacking.
Clarification of approval
Planning approval is granted for the continued occupation of the farmhouse at Grenaby Farm, Grenaby, Ballasalla, Isle of Man, without complying with condition 1 (the agricultural occupancy condition) attached to Planning Approval No. 93/0286 for the erection of a new farmhouse, but subject to the other conditions imposed on that Planning Approval, insofar as those conditions are still subsisting and capable of taking effect. Reason: For the avoidance of doubt.
Do not oppose
No objection
Land requires only 0.03 labour units; does not justify a dwelling
The original application to remove the agricultural occupancy condition from planning approval PA93/0286 for a new farmhouse was refused by the Planning Authority, primarily because insufficient evidence was provided that long-term need for agricultural worker dwellings on the farm or in the locality no longer existed, per Strategic Plan paragraph 8.9.4. The appellant argued non-disclosure of the condition at purchase, 9+ years of non-compliant occupation without enforcement, inadequate land for viable farming, and unsuccessful marketing. The inspector found marketing inadequate but weighed heavily the prolonged breach without enforcement action, near-eligibility for a Certificate of Lawfulness, and the property's unsuitability for agricultural workers due to size and cost. The appeal was allowed subject to the original approval's subsisting conditions excluding the occupancy restriction.
Precedent Value
Sets narrow precedent for allowing removal where long breach without enforcement combines with property unsuitability for agriculture, despite poor marketing; future applicants must still prove no long-term locality need via targeted marketing, but prolonged non-compliance and immunity prospects can outweigh policy in exceptional cases.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
