18 August 2008 · Minister for Infrastructure (via appeal decision, directing Planning Committee's approval be reversed)
Tramman, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hd
The proposal sought to remove Condition 8 (agricultural occupancy tie) from the 1984 planning approval for the four-bedroom detached dwelling at Tramman, a two-storey house with garage in the curtilage of a 0.45 acre plot in a semi-rural area south of Sulby village, within an area of high landscape value.
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The key test from Planning Circular 3/88 paragraph 6 is whether long-term need for agricultural workers' dwellings on the particular farm and locality no longer warrants reserving it; this was not dem…
Planning Circular 3/88 - New Agricultural Dwellings
Paragraph 6 states occupancy condition will not usually be removed unless shown long-term need for agricultural workers' dwellings on particular farm and locality no longer warrants reservation. Officer/assessor tested via marketing evidence; found inadequate as no fixed discounted sale price, rent unaffordable vs incomes, partial test (rent only). Precedent appeals (e.g. 06/01343/B) required substantial discount reflecting agricultural affordability.
Do not oppose
No objection on basis of submitted evidence
No comment on merits, request informative note
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
