28 February 2014
Ramscraigs, Grenaby Road, Dogmills, Ramsey, Isle Of Man, IM7 4an
Hospice Isle of Man, as beneficiary of the late Mr G A Corlett's estate, applied to remove the agricultural workers' occupancy restriction imposed by prior approval 50777 on the detached rural bungalow at Westfield.
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No officer's delegated report or detailed reasoning is provided in the documents; only application forms, marketing evidence, and a 2008 decision notice for a prior application on the same site (OB/00…
The original 1980 approval (50777) for a dwelling was granted to retiring farmer Mr Corlett with a non-standard condition 5 restricting occupancy personally to him and his wife or agricultural tenants, refused removal in 2014 due to insufficient evidence of no ongoing agricultural need per IOMSP para 8.9.4. Appellant argued the condition was invalid, imprecise and unenforceable, supported by planning officer and Attorney General. Inspector found condition failed six tests for validity (necessary, relevant, enforceable, precise, reasonable), never tied to a farm, never occupied by agricultural workers, and exceptional history justified removal without standard agricultural tie replacement. Minister accepted recommendation on 13 August 2014, approving removal subject to conditions clarifying scope and plans.
Precedent Value
Sets narrow precedent that defective/non-standard agricultural conditions can be removed without replacement if failing six tests and exceptional history proven; future applicants should secure officer/AG opinions early and document history thoroughly, but 'usual' marketing robustly tested for standard ties.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
