29 October 2010 · Minister for the Department of Infrastructure (via appeal dismissal, concurring with independent inspector)
Ballanybaa, Blue Point Road, The Lhen, Ramsey, Isle Of Man, IM7 3eq
The proposal sought approval in principle for a new dwelling for a retiring farmer (Mr John Maddrell, aged 64) on his owned land at Balla Ny Baa, which includes an existing barn housing young stock.
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The officer assessed that while the farm has 1.63 labour units across 150 acres (81 owned at site, rest leased at Kerroogarroo), viability depends on the lease renewal, which has only 4 years left and…
General Policy 3
Prohibits development outside zoned areas except essential agricultural worker housing (referencing HP7-10). Officer found no exceptional circumstances as agricultural need not sufficiently proven due to lease uncertainty; proposal fails the strict countryside restraint test.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need demonstrated; for retiring farmers, considers vacation of existing farmhouse and continued assistance. Assessed as legitimate scope but failed due to no guarantee of lease renewal/implementation, risking small non-viable holding.
Environment Policy 15
Requires agricultural need outweighing countryside policy, sited near building groups, sympathetic to landscape, set back from highways. Need inadequate; sites close to highway, inspector noted need for alternative site check even if need proven.
Housing Policy 9
Requires siting within/adjoining farm buildings, well set back from highway, via existing access. Sites near barn but not well set back; Minister's refusal without prejudice to resubmission with alternative site analysis. Inspector recommended further site investigation.
Environment Policy 2
Protects AHLV/Scenic areas unless no harm or essential location. Cited as relevant for landscape protection in sensitive rural zone but not key refusal factor.
No objections thereto.
Based on these comments, the erection in principle of an agricultural worker's dwelling, Balla Ny Baa, Blue Point Road, The Lhen has some merit for the continuation of the viable farming operations subject to the farm holding remaining of at least its current size and scale.
The original application for approval in principle for an agricultural worker's dwelling was refused, primarily due to lack of agricultural justification given the leased land's short remaining term and highway safety concerns. The appellant argued that the holding requires 1.63 labour units, the retiring farmer would continue part-time assistance, and the existing farmhouse would be vacated by his daughter or another worker, justifying an exception under Housing Policy 7. The planning authority and a third party objected on grounds of uncertain farm viability post-lease, available village accommodation, visual impact in the AHLV, and inadequate highway visibility. The inspector found insufficient certainty about the leased tenancy renewal and farm future, no evidence of unavailable local housing, and while highway visibility was acceptable, sites did not fully meet Housing Policy 9 siting requirements. The appeal was dismissed.
Precedent Value
Appeals for retiring farmer dwellings in rural AHLV require concrete evidence of lease renewal/tenancy transfer and exhausted local housing search; highway objections overcome by existing access precedents but siting must strictly comply with policy.
Inspector: Neil A C Holt
