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The site represents the immediate curtilage of an existing dwelling, Greenfields, which is situated alongside a group of agricultural buildings and opposite another dwelling - Ballnahowe.
The site lies within an area of an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982.
Planning permission was granted for the dwelling under IDO 41421 and 51877. The approval was personal to the then applicants Mr. F.E. Moore and his then fiancée Miss M.E.Williams and the to the
dwelling was attached an agricultural occupancy condition. The dwelling was also to be retained with the agricultural holding defined in the approval in principle.
Requested now is a Certificate of Lawfulness for the dwelling to be occupied as a private dwelling unassociated with agriculture. The applicant, Mrs. Moore (formerly Miss Williams) has resided in the property since it was built and continues to do so. The evidence provided states that the property has been occupied by Mrs. Moore, who is not employed in agriculture and her two sons. Mr. Moore died in 1993.
A resident of Port Soderick comments that he has no objection to the issue of this Certificate.
The Society for the Preservation of the Manx Countryside and Environment are a little more inquisitive and suggest that whilst it appears as a "water-tight case", surely the applicant is a dependant of the late applicant and as such complies with the condition.
I would suggest that the widow of the original applicant and farmer is a dependant of the agricultural worker and that she and her sons both comply with the condition.
I have received confirmation from the rating section of Treasury that the property is rated as an agricultural property as it has been since its construction.
I have put both of these points to the applicant's agent who accept that the property is being rated as an agricultural dwelling and have advised the Treasury that this is no longer the case. They accept also that the property has been occupied only by Mr. Moore's widow and his children but suggest that they stopped being his dependents upon his death. I do not accept this.
They also provide copies of the reports for two other applications for Certificates of Lawfulness - PAs 06/0299 and 0958 which the applicant's agents claim are "of a similar nature". In fact they are different from this in that the person for whom the application was originally granted was not employed in agriculture for a significant period of time in the case of the Ballavale case and in the Mullinaragher House case again, the applicant's husband was not engaged in agriculture.
As such I recommend that the Certificate is not granted in this case. The applicant may submit an application for removal of the condition which if accompanied by sufficient information to demonstrate that there is no longer an agricultural need for this dwelling, could of course be successful.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Society for the Preservation of the Manx Countryside and Environment are not directly affected by the proposal and as such should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 13.07.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. There is insufficient information contained within the application to demonstrate that the property has been occupied other than in accordance with the agricultural worker's occupancy condition which includes the dependents of agricultural workers.
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 : Refused Date: 27/7/07 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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