Officer Planning Report Recommendations

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Officer's Report

Description Of Application Site

• The application site is a dwellinghouse located to the west of the St Judes Road.
• The application site not zoned for development.
• To the east of the application site is Close Chairn.
• To the north, west and south of the application site are agricultural fields.

Proposal

• The application is seeking permission to removal an agricultural occupancy condition.

Relevant Planning History

• 94/01191/B – Erection of a dwelling – granted on review 2nd May 1995
• Condition 4 of that permission states "The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was employment in agriculture in the Island and including also the dependants of such persons aforesaid and such tenancy must be subject at all times to enquiry and approval by the Committee."
• 91/00197/A – Approval in principle for erection of dwelling with garage – granted on review 11th October 1991
• Condition 4 of that permission states "The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was employment in agriculture in the Island and including also the dependants of such persons aforesaid."

Development Plan Policies

• Isle of Man Planning Scheme (Development Plan) Order 1982
• Planning Circular 3/88 – New Agricultural Dwellings

Statutory Consultation Responses

• Highways Division of DoT – Do not oppose the application
• Lezayre Parish Commissioners have approved the application

Public Responses

• Press notices were posted on 16.03.06
• A representation has been received from SPMCE who have provided the following comment – A sad tale and we sympathise, but no evidence of any attempt to sell. The Society is not convinced.

Issues

• Paragraph 6 of Planning Circular 3/88 states that "Where permission is granted for an agricultural dwelling, the following condition will be attached:-

The occupation of the proposed dwelling(s) must be limited to persons whose full time employment or latest employment is or was employment in agriculture in the Island and including also the dependants of such persons as aforesaid.

Such a condition will not usually be removed on a subsequent application unless it is shown that the long term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose.

• The applicant is now wishing to seek the removal of a similar condition attached to the property.
• In a supporting letter, the applicant has advised that the property at the time of the approval was then part of a working farm namely Close Chairn run by the applicant’s parents. The dwelling approved was intended to be occupied by applicant and her family with her parent remaining in the farmhouse.
• The applicant along with her husband at the time were occupied in agriculture as well as helping the applicant’s parents run Close Chairn up to the time of the death of the applicant’s husband.

• It has been advised the applicant along with her husband were living and working at Conrhenny Farm, Begoade, Onchan, as well as working Close Chair. Furthermore, the applicant has advised that they rented Conrhenny until the house at Meadowfields was constructed. Regretfully, the applicant's husband died before the completion of the dwellinghouse and never lived in it.

• The applicant advises that the dwelling has never been utilised by anyone actively working in agriculture.

• In essence, the applicant is seeking approval on the basis of personal circumstances, having particular regard to the fact the dwelling has only been occupied since being built only by the applicant, who was not in agriculture at the time of the completion in 1998. In order to demonstrate that the breach of condition is lawful there has to be evidence that the applicant has failed to comply with the condition for a period of 10 years or more. This non-compliance has to be ten years of continuous use without any breaks when the dwelling has been used in compliance with the condition. The dwelling has only been used for 8 years. I consider therefore the dwelling has not been used for 10 years in non-compliance with the condition 4 of PA94/01191/B.

• The applicant now states there is no need for the property to remain as an agricultural workers property or as a retirement home for an agricultural worker. Furthermore, there is no known opportunity for its requirement as such in association with other farms in the neighbourhood.

• The applicant has tried to demonstrate that there is no need of the property in relation to Close Chair by referring to two planning applications for Close Chair following the sale of the farm.

• The first application was back in 2001 (PA 01/1322) for farm outbuildings to be converted into holiday accommodation. The applicant advises that this development was undertaken but after two years was given permission to change from tourist accommodation to residential (PA 05/00168/C). It is highly unlikely the property would be needed as an agricultural workers dwelling in connection with Close Chair considering the changes undertaken to the outbuildings.

• Apart from Close Chair itself being no longer involved in agriculture, the agent advises of 5 other farms in the vicinity namely:

• The Craig, St Judes has two cottages both now holiday cottages
• Ashcroft, St Judes Road had a farm workers cottages built only 2-3 years ago
• Ivydene, Clenagh Road is a sheep farm worked by two people from that premises with field scattered around Sulby and The Lhen; one is also a supply teacher. There is no known need for a tied cottage.
• Kella has a substantial dwelling attached and is worked by a number of farming enterprises; the owners son occupies a new farmhouse in Ballaugh.
• Ballamenaugh is now let out to a farmer from the Baldwin area; his son occupies the shepherd's cottage by the lambing shed north of the Sulby Straight.

• From this information it would appear that the dwelling is not needed as an agricultural workers dwelling in relation with other farms in the locality.

• However, the applicant is not prepared to offer the dwelling for sale in accordance with usual practice (6 months with a discounted valuation to reflect the occupancy restriction), in order to test the demand for an agricultural workers dwelling in the area.

• Since the applicant has failed to demonstrate that there is a long-term need for agricultural dwellings in the locality I see no reason for the condition to be removed from the property. I

therefore consider the removal of the agricultural occupancy condition would be contrary to Planning Circular 3/88.

Conclusion

I therefore recommend that planning permission be refused for the above reasons.

However, the Committee may consider making an exception to the policy on the basis of the unusual and particular personal circumstances of the applicant and whether permission should be granted for the removal of the agricultural occupancy tie from the property.

Party Status

I consider that the following should be granted party status due to them being statutory consultees or meet the criteria in Government Circular 1/06:

• Lezayre Parish Commissioners
• Highways Division of the Department of Transport

I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- SPMCE

Recommendation

Recommended Decision: Refused

Date of Recommendation: 18.10.2006

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

Insufficient evidence has been submitted to demonstrate that the property is no longer required for occupation by an agricultural worker or person whose latest employment is or was in agriculture in the island. Accordingly the removal of the agricultural workers condition is insufficiently justified.

Decision Made : Approved Committee Meeting Date : 26/10/06

18 October 2006 06/00415/C Page 5 of 5