17 November 2009 · Senior Planning Officer
Cummal Beg, Barroose Lane, Baldrine, Isle Of Man, IM4 6an
The proposal sought approval in principle for a new dwelling restricted to agricultural workers on a field adjacent to Cummal Beg, part of an egg production and livestock farm with 6200 hens, pigs and other animals.
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The officer concluded the agricultural justification was insufficient to outweigh the presumption against countryside development, noting two prior agricultural dwellings (Bayr Heose approved 1979, Cu…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Restricts residential development to designated areas; site is outside such zones in open space/agricultural land. Officer assessed against functional need exception but found agricultural justification inadequate due to prior dwellings.
Policy L/OSNC/PR/1
Presumption against development in open space; site designated as such. Exception for agricultural housing not met as need insufficient.
General Policy 3
Permits agricultural housing exceptionally if essential; officer found prior severance and non-essential need failed the test.
Environment Policy 1
Protects countryside; development only if overriding need with no alternative. Prior dwellings and commuting viability outweighed claimed need.
Environment Policy 2
Protects high landscape value areas; site within such. No overriding need demonstrated.
Environment Policy 15
Requires agricultural buildings/dwellings close to farm groups if need outweighs impact; site near existing but need not proven sufficient.
Housing Policy 4
New countryside housing only exceptionally for agriculture; failed due to inadequate functional need.
Housing Policy 7
Requires real agricultural need; 1.74 labour units noted but prior dwellings and lack of essential residency failed test.
Housing Policy 8
Occupancy restriction if approved; not reached due to refusal.
Housing Policy 9
Siting near farm group/well set back; location appropriate relative to activity but access undemonstrated.
Housing Policy 10
Design per circular; approval in principle, so not assessed.
Approved on the basis that the dwelling will only be used for the purpose applied for
Interest expressed; highlighted previously approved agricultural worker's dwellings in the area
DAFF Agricultural Advisor supports the application for an agricultural worker's dwelling to ensure business viability and animal welfare; Department of Transport Highways defers pending visibility splay and access details; Lonan Parish Commissioners recommend approval subject to agricultural occupancy condition.
Key concern: Inadequate visibility splays and access arrangements
Department of Agriculture, Fisheries and Forestry Agricultural Services Division
Supportthe "approval in principle for the erection of an agricultural worker's dwelling... has many attractions to securing the long term viability of this business, both with ensuring the business is staffed appropriately and that animal health and welfare is not affected."; The department of agriculture would view this enterprise as a full time agricultural business.
Department of Transport Highways Division
Conditional No ObjectionDefer; Drawing provided does not demonstrate:
Conditions requested: The splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05m above the land of the adjacent carriageway
Lonan Parish Commissioners
Conditional No Objectionthe board recommends approval of the above Planning Application; The Board of Lonan Parish Commissioners remains unopposed
Conditions requested: The dwelling will only be used for the purpose applied for; subject to the condition that the dwelling will only be used for the purpose applied for
Department of Local Government and the Environment Environmental Protection
No CommentYour attention is drawn to the requirement for a licence to discharge under the terms of the Water Pollution Act 1993
The original application for approval in principle for an agricultural worker's dwelling on a 36-acre free-range egg farm was refused by the Planning Committee due to insufficient demonstration of essential agricultural need given prior dwellings on the holding and proximity to settlements. The appellants argued the business's viability, labour requirements (1.74-2.03 units plus packing), expansion plans, and operational difficulties from living 10 minutes away in Onchan. The inspector concluded no essential need was proven as hens do not require constant presence, prior dwellings existed, and alternatives were not exhausted, recommending dismissal. The Minister, noting the business's viability, expansion, Agricultural Advisor's positive view, and economic development importance, rejected the recommendation and allowed the appeal subject to conditions including agricultural occupancy restriction.
Precedent Value
Demonstrates Ministers can overturn inspector recommendations where economic development weighs heavily, even if essential need borderline; future applicants should secure strong ag advisor support, quantify labour precisely, and address prior dwellings explicitly.
Inspector: Neil A C Holt
