18 August 2008
Tramman, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hd
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The original application PA08/958/B sought removal of Condition 8 (agricultural worker's tie) from a dwelling approved in 1984, which the Planning Committee approved, prompting an appeal by Lezayre Parish Commissioners. The appellants argued against removal due to ongoing agricultural housing needs, abuse of the system, and inconsistency with prior refusals. The applicants presented evidence of marketing the property at a discount without finding suitable agricultural tenants. The inspector found the marketing efforts flawed (advertised too narrowly, no sale attempted) and concluded the long-term need for agricultural occupancy persisted, rejecting removal of Condition 8. However, the inspector recommended rewording Condition 8 to align with modern policy and recommended allowing the appeal to reverse the approval while granting new approval with the revised condition and all other original conditions. The Minister concurred (with caveats on process) and directed retention of Condition 8 in its existing form, effectively dismissing the application.
Precedent Value
Demonstrates strict evidential test for removing ag-ties requires comprehensive marketing (rent and sale) targeting full policy definition (including retirees); appeals can refine condition wording even if removal refused. Future applicants must market genuinely and precisely describe applications.
Inspector: Graham Self MA MSc FRTPI
