Appeal Decision Lower Glentramman Farm
Department of Local Government and the Environment
Rheyns Reilly's Yonghugh as y Chymmyliugh
Isle of Man
Government
Murras House Mount Havelock Douglas Isle of Man IM1 2SF email: ccowndlge.gov.mo Tel: (01624) 688850 Fax: (01624) 685941 Chief Executive: R. A. Hamilton Assoc. I.P.D., M.I. Mgt.
Please reply to the Chief Executive
Our ref: RAH/MC 28th April, 2003. Dear Sir/Madam, ON APPEAL: PA01/2692 – Mr. P. Sadd – Change of use of dwelling to remove agricultural tie, Lower Glentramman Farm, Glentramman, Lezayre I refer to the recent appeal hearing in respect of the above planning application.
In accordance with the provisions of paragraph 7(5) of Schedule I to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.
The Minister has considered the report, but does not concur with all of the appointed person's conclusions. In particular, the Minister has noted that there was adduced at the appeal hearing evidence that this dwelling has not in fact been used as farmworkers' accommodation since at least 1991, and that this evidence was not challenged. She also judges that, after so lengthy a period, the use of the dwelling for permanent occupation is arguably established, and that it is unlikely that legal action to enforce the condition would now succeed. In these circumstances, retention of the condition would be unreasonable, whatever the current or future demand for farmworkers' accommodation in this area.
Accordingly, the Minister has concluded that the appointed person has given insufficient weight to the evidence of previous use, and that there does not arise a need for evidence of the demand for farmworkers' accommodation in this area. The Minister has therefore not accepted the recommendation that the appeal should be upheld, and has directed that the appeal should be dismissed and that the Planning Committee's decision to approve the application should be confirmed.
Continued ............
Our ref: RAH MC
28th April, 2003.
The Minister has also noted the appointed person's more general recommendation in respect of enforcement and policy in relation to agricultural occupancy conditions. These matters are being considered by the Department during its formulation of the Island's Strategic Plan. Meanwhile, she has drawn to the attention of the Planning Committee the comments in paragraph 19 of the report.
Yours faithfully,
[Signature]
Deputy Chief Executive.
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