19 December 2013 · Hon T M Crookall MHK (delegated by Minister for Infrastructure) following Inspector's report
Three Acres, Ballafreer Lane, Union Mills, Isle Of Man, IM4 4as
The proposal sought to remove conditions 4 and 5 from original approvals PA 48075 (1979) and PA 48788, which tied the detached bungalow to an agricultural holding and restricted occupancy to agricultural workers or their dependents.
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The Planning Committee initially approved removal on 19 December 2013 based on officer assessment that the dwelling was never tied to a viable full-time farm (only 3 acres owned initially, no farm bui…
General Policy 3
Restricts countryside development except essential ag workers housing (ref Housing Policies 7-10). Site in AHLV; new dwelling today would conflict without real need, location not adjoining farmstead. Removal acceptable as original approval lacked ag justification, no ongoing need.
Housing Policy 7
New ag dwellings only in exceptional circumstances with real need demonstrated (considering farm viability, part-time work, etc.). Original 1979 case 'limited fashion' farming; current evidence shows no functional need, applicants' post-build non-ag jobs.
Housing Policy 8
Requires occupancy condition on ag approvals. Para 8.9.4: not usually removed unless no long-term need on farm/locality. Assessed satisfied due to invalid original condition and evidence of low demand/affordability.
Removal clarification
This approval relates to the removal of agricultural worker's occupancy conditions (4 & 5 of planning applications 48075 and 48788) from dwelling (Three Acres) detailed within the current planning application. The effect of this approval is to allow the occupation of the dwelling without restriction.
no objection, no traffic/parking/road safety implications
little demand from farming community if open market; more interest if affordable to farm worker; listed local farms with existing dwellings
The original 1979 permissions (PA 48075 and PA 48788) for the dwelling at Three Acres included agricultural occupancy conditions, which were refused for removal in 05/00654/C and 13/00835/C due to insufficient evidence of no long-term need. Application 13/91220/C approved the removal, prompting an appeal by Marown Parish Commissioners arguing ongoing agricultural need and policy compliance. The appellants contended the approval was inconsistent with prior refusals and that the dwelling should retain its tie. The Planning Authority and applicants argued the conditions were invalid from inception due to lack of agricultural justification and no viable farm holding. The Inspector found the conditions invalid as they were not necessary, relevant, or reasonable, recommending dismissal of the appeal, which the Minister confirmed.
Precedent Value
This appeal sets precedent that agricultural occupancy conditions can be invalidated if not justified at imposition, even long after approval, but warns conclusion is case-specific to dubious original permissions without farm holdings. Future applicants should gather historical records to challenge condition validity over proving no current need.
Inspector: Alan Langton
