11 September 2013 · Planning Committee
Three Acres, Ballafreer Lane, Union Mills, Isle Of Man, IM4 4as
The proposal sought to remove an agricultural occupancy condition originally imposed in 1979 when permission was granted for a dormer bungalow on a 3-acre site, later expanded to 17 acres, tied to sheep farming.
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The officer assessed the application against paragraph 8.9.4 of the Isle of Man Strategic Plan 2007, which states 'Such a condition will not usually be removed...
Housing Policy 7
Allows new agricultural dwellings only in exceptional circumstances where real agricultural need is demonstrated, considering factors like farm viability, part-time employment, and retiring farmer continuity. The officer referenced this for context on strict countryside controls but focused removal test on para 8.9.4; applicants' past small-scale sheep farming did not overcome the need to prove no ongoing requirement.
Housing Policy 8
Requires occupancy condition restricting to agricultural workers or dependants when approving such dwellings. Reinforces the tie as standard; removal requires evidence no longer warranted.
Housing Policy 8 paragraph 9.4
Explicitly states 'Such a condition will not usually be removed... unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling.' This was the core test; officer found applicants' evidence (history, land rental) unconvincing, lacking data on local farms' worker needs.
Do not oppose this application as it has no traffic management, parking or road safety implications, and meets the relevant highway standards and policies.
The original planning application 13/00835/C sought removal of an agricultural worker's occupancy condition from the dwelling at Three Acres, Ballafreer Lane, Union Mills, Isle of Man IM4 4AS, and was refused by the planning authority. Ronald Herbert Cain & Olive Cain lodged an appeal under Article 8 of the Town and Country (Development Procedure) Order 2005 on 24 September 2013, rejecting written representations procedure. The Chief Secretary's Office notified parties and requested statements of case by 17 October 2013, indicating an inquiry process. On 16 October 2013, correspondence confirmed the appellants withdrew their appeal request. The original refusal decision therefore stands, with no independent inspector determination.
Precedent Value
No precedent set as appeal was withdrawn before any hearing or inspector determination. Future applicants should ensure commitment to appeal process before lodging, as withdrawal results in original refusal standing without further consideration.
