23 January 2025
Tramman, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hd
Variation of occupancy condition on 84/00082/B to allow the dwelling to be let to non agricultural tenants, guests and members of staff, for temporary periods within an overall period of five years
Variation of occupancy condition on 84/00082/B to allow the dwelling to be let to non agricultural tenants, guests and members of staff, for temporary periods within an overall period of five years
Variation of agricultural worker's condition to allow dwelling to be let to non agricultural tenants, guests and members of staff for temporary periods
Removal of condition 7 (providing severance from Ballamanagh Farm) from PA 84/00082/B
Removal of condition retaining property as part of Ballamanagh Farm holding
Appeal against refusal for removal of agricultural workers occupancy condition from dwelling
Removal of agricultural workers occupancy condition from dwelling
Removal of agricultural worker's tie
Removal of agricultural workers condition on dwelling
Erection of agricultural building, Field 1772, Ballamanaugh, Sulby, Lezayre (Amended)
Dwelling, field 1774, Ballamanaugh, Sulby, Lezayre
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The original application sought variation of the occupancy condition from 1984 approval 84/00082/B to permit temporary non-agricultural use. It was refused under delegated powers by Principal Planner Paul Visigah on 5 August 2024 due to insufficient evidence of no agricultural need, contrary to GP3, HP8 and Strategic Plan 8.9. Appellant argued no material changes since prior 2012 approval (12/01203/C), no current farm need, no harm, and cited agricultural consultant report. Council defended refusal citing recent nearby agricultural dwelling approvals indicating ongoing need island-wide. No inspector's report or decision available; appeal process via written representations with ongoing rebuttals as of October 2024. Portal confirms appeal accepted with PA approved.
Precedent Value
This appeal shows temporary derogations via legal agreements can succeed where prior precedent exists and no abuse demonstrated, but applicants must robustly evidence no current/imminent need including rebutting locality-wide demand. Future cases should include marketing evidence and consultant reports on labour changes.
