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The site represents five small fields grouped together to the south of a lane which runs southwest-northeast from the Ballavale/Ballachrink Road (B26). This lane accommodates a courtyard of stone barns which have been the subject of numerous applications for refurbishment and conversion to residential accommodation (PAs 01/1130, 02/1228, 04/0624, 05/1006 - all approved and 06/0205 - pending consideration) and a new farmhouse approved as a replacement for a former, older farmhouse which was the original Ballavale Farmhouse (PAs 99/1272 - refused for a new dwelling, 02/0686, 04/2233 (windows) and 04/0531 - replacement dwelling - all permitted).
The site is approximately 2.1ha (5.2acres) in size and accommodates a detached house.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland and an Area of High Landscape or Coastal Value and Scenic Significance. Within such areas the provisions of Planning Circulars 1/88 - Residential Development - New Houses in the Countryside, 3/88 - New Agricultural Dwellings and 3/89 - Renovation of Buildings in the Countryside, would normally be applied.
Planning permission was sought and granted for the erection of the existing dwelling under IDO 37410 in 1974. This permission was granted subject, inter alia conditions which restrict the occupancy of the dwelling to those employed in agriculture and that the dwelling may not be severed from the agricultural holding. This holding represented an area larger than the curtilage of the dwelling now defined. As such this condition would appear to have been breached. However we have received advice in the past that such conditions are not enforceable and as such are invalid conditions.
Planning permission was sought for the removal of the agricultural tie under PA 05/92142. However, having been asked for further information to demonstrate that the property had been marketed with the agricultural tie and it was resolved to pursue the matter through the Certificate of Lawful Use as enforcement action was believed to be impractical due to the property not having been occupied for some time by someone who would comply with the condition.
The agricultural occupancy condition is, however perfectly valid. The application is now suggesting that this condition has not been complied with and now seeks a Certificate of Lawful Use in respect of the occupation of the dwelling as a private residence.
A resident of Port Soderick raises no objection as he considers that there should be no houses in the countryside reserved for agricultural workers.
The Society for the Preservation of the Manx Countryside and Environment support this as an effective way of dealing with agricultural dwellings which appear to be no longer required for their original purpose.
The evidence provided is in the form of two affidavits sworn by the owner of the property and her daughter. The daughter resided at the property between 1975 when it was built, to 1993. She also explains that her father was employed in agriculture up to 1984 when he retired from farming due to health reasons and took up work with a local security firm. The affidavit from the applicant herself confirms this and includes reference to correspondence from Group 4 Securicor regarding her late husband which confirms that he was an employee between 14th January, 1985 to 20th September, 1998 when he passed away. The applicant explains that she sold off the farm buildings which are referred to above in 2002. She explains that she put the property on the market in April 2005 and had little interest other than a reduced offer which was when the occupancy condition was discovered. She intends to retain land around the property, to the north of the lane in front of the house and a small parcel of land at the western end fo the lane. along with the farm cottage which is also referred to above as having been reconstructed.
There are rating returns for this and the old farmhouse which demonstrate that the latter is rated as an agricultural dwelling (which it isn't) and the new house demands much higher rates as a private dwelling.
The area defined in red represents an area larger than the residential curtilage and the aerial photographs from 2004 shows that the immediate curtilage is the area which contains the parking and manoeuvring space associated with the dwelling and the remainder appears to be lawned garden.
There is confirmed evidence that the property has been occupied as a private residence since 1984 which means that for in excess of the period stipulated in the 1999 Town and Country Planning Act Schedule 4: Enforcement Notices Part 1.3.b) which states "in respect of a breach of planning control consisting of the change of use of any building to use as a single dwellinghouse, after the end of the period of 4 years beginning with the date of the breach" and c) "in respect of any other breach of
planning control, after the end of the period of 10 years beginning with the date of the breach". In both cases the date of the breach would have been 14th January, 1985.
As such, I would recommend that the applicant has provided sufficient evidence to demonstrate that enforcement action could not be brought as the time for the issuing of an enforcement notice in respect of the failure has expired in accordance with Part 4. paragraph 24.2.b.1 of the Act and in this respect this certificate refers to the property and land defined in red on the 1:2500 plan received on 20th February, 2006 for the purposes as a private dwelling house.
The resident of Port Soderick and the Society for the Preservation of the Manx Countryside and Environment is not directly affected by the proposal and should not be afforded party status in this case.
Recommended Decision: Permitted
Date of Recommendation: 04.05.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : ...
Signed: ...
M. I. McCauley Director of Planning and Building Control
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