18 April 2008 · Minister for Local Government and the Environment (following appointed person's report)
Field 321439, Ballahutchin Hill, Union Mills, Isle Of Man, IM4 4at
The proposal was for approval in principle to erect two agricultural workers' dwellings (one on 'site A' and one on 'site B') plus a lambing shed/agricultural building in Field 321439 at Glenlough Farm, a 340-acre holding with cattle, sheep and a campsite, located in an Area of High Landscape or Coastal Value.
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The Planning Committee refused as 'not satisfied that there is sufficient agricultural need for two dwellings to warrant overcoming the general objection to development in the Island's countryside' pe…
Environment Policy 15
Requires agricultural need sufficient to outweigh countryside objections; dwellings close to existing farm buildings. Officer found sites well-sited/comply; Committee/Inspector/Minister accepted for one dwelling/barn but not second due to unclear need beyond 2.28 SLR.
General Policy 3
Permits development outside zones only for essential agricultural workers' housing or essential agricultural buildings. Justified one dwelling (full-time son post-heart attack) and barn; second failed full-time test despite potential SLR expansion.
Site/curtilage limits
This permission relates to the erection of one agricultural worker's dwelling and an agricultural building on 'site B' as identified on the submitted plan; the buildings must be located towards the existing farm group; the curtilage of the dwelling must be appropriate to the scale of the building.
Time limit/reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Agricultural use only
The agricultural building may be used only for agricultural purposes.
Occupancy restriction
The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was solely in agriculture in the Island, and includes the dependants of such persons.
Traditional design
The proposed dwelling must be designed as a traditional dwelling in accordance with Planning Circular 3/91, policies 2-7 inclusive.
Do not oppose
No comment initially; later supported appeal as persuaded by officer report, Caroline Perry evidence, no party status objections
Note received; no objection if line diverted/undergrounded pre-commencement
Note received; recommend note on water supply connections
Clear justification for one dwelling (SLR 2.28); merit for second (Qualtrough SLR 0.97) if relocated, improving welfare/supervision
DAFF Agricultural Advisor supports one agricultural dwelling with some merit for a second but unclear necessity for on-site location; Society for the Preservation of the Manx Countryside & Environment strongly objects to additional dwellings; Marown Parish Commissioners make no c…
Key concern: no need for more than one resident worker on site (SPMCE)
DAFF Agricultural Advisor
Conditional No Objectionclear agricultural justification for one extra dwelling on site, with some merit for a second, though the necessity for the second dwelling to be located on the site is unclear
Society for the Preservation of the Manx Countryside & Environment
ObjectionLogically we don't see the need to have more than one resident worker on site and certainly not 3.; The Society STRONGLY OBJECTS.
Marown Parish Commissioners
No CommentThe Commissioners resolved that they would make no comment in support or in opposition to the current proposal but will reserve formal comment until such time as substantive plans are deposited.
Marown Parish Commissioners
Supportthe Commissioners are content to support your Appeal against the decision of the Planning Committee in this matter.; This support is without prejudice to any view the Commissioners may take of the substantive plans required before any construction work can commence.
IoMWA
Conditional No ObjectionFor connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section
Conditions requested: 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 ObjectionIt has been agreed that this line will be undergrounded and diverted around the proposed buildings before work commences.; MEA will not accept liability for any costs incurred for this work.
Conditions requested: 11kV overhead line in the area highlighted for the proposed works must be undergrounded and diverted around the proposed buildings before work commences; All work is to be carried out in accordance with Health & Safety Guidance Note GS6 and HS(G)47
The original application for approval in principle for two agricultural workers' dwellings and an agricultural building in Field 321439, Glenlough Farm, was refused by the Planning Committee due to insufficient agricultural need for two dwellings to overcome countryside development restrictions. The appellant argued for two dwellings based on family farming needs, updated SLR calculations exceeding 3.5 units, and support from DAFF and the planning officer. The council accepted justification for one dwelling but not the second due to lack of full-time employment at the farm by the son-in-law and his wife. The inspector agreed, finding the first dwelling justified for the appellant's son but not the second, while supporting the agricultural building; however, the Minister directed a split decision allowing one dwelling and the building subject to conditions, dismissing the second dwelling.
Precedent Value
Appeals for agricultural dwellings succeed only with clear evidence of full-time employment at the specific holding; Ministers may split decisions to allow justified elements. Future applicants must secure DAFF support and demonstrate on-site necessity over general farming involvement.
Inspector: Michael Hurley