21 February 2007 · Planning Committee
Casa Cascada, Shore Road, Glen Maye, Isle Of Man, IM5 3bg
Mr R J Plant sought removal of the agricultural worker occupancy condition (from 1988 approval PA 88/01017/13) on his detached single-storey bungalow at Shady Moar, arguing the associated farm (Ballakerkey Farm) had been sold in 2000, is now used for tourist accommodation, and the property had been marketed since Octob…
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The Planning Committee refused despite the officer's recommendation to approve, finding 'insufficient evidence to demonstrate that there is not in the area around the site an existing or foreseeable d…
New Agricultural Dwellings
Requires proof that long-term need for agricultural workers' dwellings on the particular farm and locality no longer warrants reserving it; condition not usually removed without such evidence. Officer assessed marketing fell short (not at 25-30% discount, too brief), and ongoing new applications indicate demand. Committee agreed evidence insufficient.
Do not oppose
Society for the Preservation of the Manx Countryside and Environment (SPMC&E) supported the application for removal of agricultural tie, while Patrick Parish Commissioners objected twice, citing lack of reason and need to demonstrate no willing agricultural worker.
Key concern: agricultural tie proviso should stand until no agricultural worker willing to purchase
Society for the Preservation of the Manx Countryside and Environment
SupportSeems the best-case scenario in the circumstances. Support.
Patrick Parish Commissioners
ObjectionThe Commissioners have considered the above application. They are concerned that no reason has been given for the removal of the agricultural tie. Until a reason is given they are opposed to this application.
Patrick Parish Commissioners
ObjectionThe Commissioners wish to reiterate their previous comments. Mr Plant may have demonstrated that he or his family have no further need of an agriculturally tied dwelling. However Mr Plant was initially granted approval for this dwelling on the basis that it was to be for an agricultural worker. It is only right that this proviso should stand until it can be clearly demonstrated that there is no agricultural worker willing to purchase it.
The original application sought removal of an agricultural occupancy condition imposed in 1988 on Shady Moar, a bungalow at the edge of Glen Maye, and was refused by the Planning Committee due to insufficient evidence of no ongoing need. The appellant argued the adjacent farm is no longer viable, supported sales evidence at open market value with no qualifying buyers, and cited support from a local MHK and the planning officer's initial recommendation. The Council countered that proper marketing requires a 25-30% discount for at least 6 months to test affordability for agricultural workers earning £12,000-£28,000. The inspector concluded the marketing was inadequate, as it did not reflect the restriction or local incomes, and recommended dismissal, finding insufficient evidence of no continuing local need.
Precedent Value
To succeed in removing ag ties, applicants must market at substantial discount (25-30% off) for 6+ months or offer for rent to realistically test local ag worker demand; open market sales prove nothing. Emphasises strict policy application over farm history.
Inspector: Michael Hurley
