24 July 2007 · Planning Committee
Tramman, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hd
The proposal sought to remove the agricultural tie imposed when the two-storey detached dwelling at Tramman was approved in 1984 as part of the Ballamanaugh agricultural holding. The site is in a woodland zoning within an area of high landscape value, south of Sulby village.
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The officer recommended refusal because the evidence did not demonstrate that 'the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer war…
New Agricultural Dwellings
Paragraph 6 requires that agricultural occupancy conditions will not usually be removed unless it is shown that the long-term need for such dwellings on the particular farm and in the locality no longer warrants reserving it. The officer assessed that marketing evidence failed this test due to lack of advertised discounted price, despite changes in farm operation and no interest shown.
Do not oppose
No objection on basis of submitted evidence
Lezayre Parish Commissioners unanimously objected to removing the agricultural workers condition due to ongoing need for such dwellings and lack of justification. Isle of Man Water Authority requested a standard water connection condition; Highways Division did not oppose; Andrew Jessopp had no objection.
Key concern: ongoing need for agricultural workers dwellings and lack of justification for removal per Strategic Plan 8.9.4
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
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
Lezayre Parish Commissioners
ObjectionREFUSED. Unanimous. No reasons are given for the fact that the house is no longer required as an agricultural dwelling. We still receive planning applications for such dwellings.; The Agricultural Status on the above property should not be removed.; Such a condition will not usually be removed on subsequent applications 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.
Department of Transport, Highways Division
No ObjectionDo not oppose
Andrew Jessopp
No ObjectionI have no objection to this application on the basis of the submitted evidence.
The original application sought removal of conditions tying a 4-bedroom dwelling to agricultural occupancy and retention within the farm holding, refused by the Planning Authority for failure to demonstrate no long-term need via proper discounted marketing. The appellant argued changed farming practices reduced need, extensive marketing showed no qualified takers at discounted rent, and the property's quality made it unsuitable for typical workers. The Council defended refusal citing Planning Circular 3/88 requiring proof of no local need through 25-30% discounted marketing for 6 months, referencing precedents and agricultural income data. The inspector criticised both parties' approaches to marketing, rejected the appellant's 'sacrifice' claim, found policy required rigorous need testing beyond arbitrary discounts, and deemed marketing inadequate as it did not realistically test agricultural affordability. The inspector recommended dismissal, noting the Planning Authority's confused application of policy.
Precedent Value
Sets strict standard for ag tie removal: marketing must realistically reflect ag worker affordability (e.g. derived from £12-28k incomes), not arbitrary discounts or open-market bias; policy focuses on long-term locality need, not owner hardship. Future applicants must provide income-based pricing evidence and comprehensive demand data.
Inspector: David Ward