24 October 2006 · Minister for Local Government and the Environment (following Planning Appeals Inspector report)
Field 624109 Ballagilley Farm, Rhowin Road, Maughold, Isle Of Man, IM7 1ep
The proposal was for approval in principle of a single storey dwelling of traditional Manx character (slate roof, painted render) with a 9m x 20m footprint in the southwest corner of Field 624109 fronting Rhowin Road, accessed via an existing gated entrance, 60-100m west of Ballagilley farm buildings.
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The Planning Director initially refused as the farm operation, though requiring two full-time workers per DAFF, did not justify a new dwelling since Ballagilley could be managed from Ballakilley (3.5 …
Residential Development - Houses in the Countryside
Requires presumption against countryside housing except where essential for agricultural needs (para 6). Officer assessed farm justified 2 workers but not new dwelling given existing Ballakilley houses and recent Ballagilley farmhouse sale; inspector accepted need but severance tipped balance against.
New Agricultural Dwellings
Requires evidence of sufficient need offsetting objections, explanation of existing farm accommodation and why occupant cannot live elsewhere (para 1); siting must adjoin main buildings, set back from highway, via existing access (para 3). Need accepted by inspector but existing houses discounted (mother's occupancy protected); siting failed all tests with inadequate site-specific justification for detached location.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need demonstrated; regard to severance of land/buildings. Inspector gave some weight, noting policy reinforced strict control and recent severance invalidated exception.
No particular concerns about proposed agricultural dwelling or landscape impact; existing dwelling sold but new one necessary for farming continuity by long-established family, need offsets objections
Labour requirement 2.09 units justifies 2 full-time equivalents; essential for animal welfare/security to have resident workers on unit, especially calving/lambing; no house available at Ballagilley after farmhouse sale; site avoids trees/hedges/walls
No objection subject to 2m x 36m visibility splays, three off-street parking spaces and vehicle turning facility
Loss of sleep from off-farm living affects farm efficiency/safety/welfare
Dwelling for applicant's son or retirement; no affordable housing in Maughold Parish forcing out young farmers
Failure to meet stable rural community needs is bad planning
Does not oppose but queries level of detail
Multiple statutory consultees including utilities, highways, parish, environmental health, and public representations commented on application 06/01045/A with no objections raised; all recommended no objection subject to standard conditions for utilities, visibility splays, parking, and water separation.
Key concern: Underground cables/overhead lines present requiring safety measures and possible diversion
Isle of Man Water Authority
Conditional No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact loMWA Customer Services, tel. 69 59 49
Conditions requested: a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept, Network Services, Manx Electricity Authority, (Tel. 687705)
Conditions requested: a condition of planning be that the applicant must contact the Authority
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact Anthony Kinrade or Ian Horsey
Conditions requested: a condition of planning be that the applicant must contact the Authority
Andrew Jessopp
No ObjectionI do not oppose the principle of the application but I note that no supporting documentation is provided to justify the provision of this development
Society for the Preservation of the Manx Countryside and Environment
No ObjectionNo objections but we noted other new buildings u/c recently on this farm without planning permission
Department of Transport Highway Division
Conditional No ObjectionDo Not Oppose subject to the imposition of the following condition
Conditions requested: Reserved matter planning application should provide 2 metres by 36 metres visibility splays onto the public highway, three off street parking spaces and a vehicle turning facility to permit vehicles to leave the site in a forward gear
Maughold Parish Commissioners
No ObjectionThe commission have no particular concerns about this proposed agricultural dwelling or its impact on the landscape
Environmental Protection Officer (Water)
Conditional No Objectionno part of the foul soakaway system should be located within 10 metres of the ditch in order to prevent seepage of foul effluent
Conditions requested: no part of the foul soakaway system should be located within 10 metres of the ditch
The original application for approval in principle for an agricultural dwelling was refused by the Planning Committee primarily because the farm operation could be managed from existing accommodation 3.5 miles away and the proposed site was detached from farm buildings, contrary to policy. The appellant argued a functional need for on-site residency for livestock management, supported by DAFF's assessment of 2.09 labour units, family farming history, and site-specific reasons for the location including flood avoidance and screening. The inspector accepted the agricultural need for a dwelling at Ballagilley but found the recent sale of the farmhouse for maintenance costs undermined the case, setting an undesirable precedent against countryside protection policies. The inspector also upheld concerns over the site's detachment from the farm group due to insufficient evidence that it could not be located adjacent to existing buildings. The appeal was recommended to fail with amended refusal reasons.
Precedent Value
Recent severance of farm dwellings for non-agricultural reasons (e.g. maintenance costs) forfeits entitlement to replacements even with proven need, protecting against countryside erosion. Applicants must provide robust site-specific evidence excluding closer farm group siting and avoid sales anticipating permissions.
