15 May 2006 · Director of Planning and Building Control (M. I. McCauley)
Ballavale New Farmhouse, Ballavale Road, Santon, Isle Of Man, IM4 1eh
The application sought confirmation that the detached house at Ballavale Farmhouse, built in 1974/75 under planning permission 37410 with an agricultural workers occupancy condition, had been lawfully used as a private dwelling since 1985 when the occupier's husband ceased agricultural employment.
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The officer confirmed the agricultural occupancy condition from 1974 permission 37410 was valid but breached since 14 January 1985 when the occupier's husband retired from farming due to health reason…
Town and Country Planning Act 1999 Section 24 (Certificates of Lawful Use)
Requires evidence that a use or failure to comply with a condition is immune from enforcement. Officer tested affidavits, employment letter, rates and photos against 4/10-year time limits in Schedule 4, confirming breach since 1985 immune after 10+ years for non-dwelling breaches.
No objection; supports lifting agricultural conditions as countryside should not be reserved for farmers, especially with few full-time agricultural workers.
Supports as an effective way of dealing with agricultural dwellings no longer required for their original purpose.
