**Document:** Baldromma Lawful Use Statement
**Application:** 13/00689/LAW — Application for a certificate of lawfulness to confirm the lawfulness of the use of a building as a residential dwelling
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2013-08-12
**Parish:** Lezayre
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/18252-lezayre-baldromma-dwelling/documents/1175606

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# Baldromma Lawful Use Statement

## Application For Certificate Of Lawful Use As Residential Dwelling

Baldromma was given consent under the following applications

IDO 27268 gave approval in principle on 16th January 1970 for new farm building to Major J. Shaw. In July 1970 Condition 1 stipulated that “the proposed farm dwelling must be occupied by a person engaged in agriculture to the satisfaction of the Planning Committee.” This conditioned was later clarified as excluding use by a retired as farmer – PA98/2223 refers. (attached)

IDO 29489 gave detailed approval to Major J. Shaw for a farmhouse on 25th January 1971; no agricultural condition was attached. (attached)

The dwelling constructed as a result of these consents was a 4-bedroom bungalow and called Baldromma.

The farm had originally been approximately 73 acres (including 13 acres rented) with land on both sides of the Jurby Road, Ramsey. During the late 1970s and 1980s various deeds record the piecemeal sell-off of part of the farm holding

Deed 1978 no 117
Deed 1979 no 102
Deed 1982 – no 129

Deed 1979 -no- 135 & Will 1981- no 112 record that the premises were occupied by a retired farmer.

IDO 55012 gave permission on 23rd May 1980 for a replacement farmhouse subject to demolition of the old farmhouse and occupation of new dwelling by an agricultural worker. This new dwelling (subsequently called Baldromma Cottage) had to be retained as part of the agricultural holding defined on the application plan and not sold off separately. Physically it lies within the former farm buildings south of the current application site.

In 1982 the late Peter Wilson bought the farm and farmed it for 16 years. He lived in Baldromma. 1300689 1982 Deed 1982 – no 90 and 1982 – no 95 record the reduced size of the farmholding. Deed 1987 – no 165 – the plan shows the split of Baldromma Farm (and Baldromma Cottage) from Baldromma. In 1998 Mr Wilson had to cease active farming due to ill health and the farm holding was further broken up.

PA98/1606 gave permission on 17th September 1999 for the construction of portal frame building use as a film studio and upgrading of existing buildings for ancillary use. The site separated off for such use covered approximately 60 acres of the remaining farm. The farm dwelling approved under IDO 55012 (Baldromma Cottage) “may only be used for purposes ancillary to the use of the site as a film studio complex”.

The major part of the former farm was sold off to Mrs Westacott (Deed 1991/7165)

Thus the first approved dwelling was separated off from the agricultural land it had been linked to and that land included in use as a film studio complex and the agricultural use of the second dwelling was prohibited as it was in the film studio complex.

PA 99/2223 the then owner, the late Peter Wilson, who had farmed Baldromma before selling off the major part of it for the film studio sought consent for the removal of the agricultural occupancy condition on Baldromma. This application was ultimately unsuccessful in part because the Inspector concluded on appeal that the original condition could not be opened up to allow for retired farmer’s occupancy.

PA 00/01280/B the late Peter Wilson applied for a stable block at Baldromma; this was approved on 22nd November 2000. A note attached to the approval notice (attached) stated “Whilst the existing and proposed use of the site as indicated as “Farm”, it is considered that the site as defined is of insufficient size as to be farmed as a distinct holding.”

The holding referred to was only 7 acres.

Mrs Corkish bought these premises in January 2001 (Deed 2000/1330) utilising the attached land for horse grazing. Subsequently she ceased owning any horses and any subsequent horse grazing has been undertaken by people not living at Baldromma. At no time since her purchase of

Baldromma has she or her husband been engaged in agriculture. Sworn affadavits to this effect are enclosed.

Rates paid on the premises are normal domestic rates not agricultural ones. A copy is attached. The reference to agricultural on them is due to the existence of a water trough / tap. This can be confirmed with the Rates Section.

No agricultural returns are made or have ever been made by Mr & Mrs Corkish to the Department of Environment, Food and Agriculture or its predecessor on behalf of Baldromma. A letter to this effect from the Department of Environment, Food and Agriculture is attached.

No income from agriculture is derived by Mr & Mrs Corkish - see sworn affadavit.

When the film studio was originally given consent road access was via the original farm access past Baldromma. Subsequently approval was given for a separate access to the west. As part of the land swop deal Baldromma acquired back a field to the east of the original access. This has only been used for horse grazing. The field to the west of the original access has occasionally had a hay crop taken from it by the Parsons family who own Loughmallow.

For information an update on a list of other farms and farmhouses in the vicinity supplied by the late Mr Peter Wilson in 1999 is appended.

In summary
- Since October 1997 Baldromma Farm has ceased to operate as a farm.
- Since 1998 Baldromma has not been inhabited by anyone engaged in agriculture and only has 7 acres of land attached.
- Since January 2001 when the current owners took possession of Baldromma the dwelling has not been occupied by anyone engaged in agriculture.

Furthermore there are no farms in the vicinity which have need of an agricultural worker's dwelling.

## FARMS and FARMHOUSES in VICINITY of BALDROMMA

Westhill is farmed from West Craig, Sandygate. This has its own farm house and permission has been given for a replacement farm house. Westhill is a private residence.

Loughmallow farm is owned by the Parsons family of Baljean, Lonan. It has its own farm workers dwelling opposite the farm adjacent to Cronk Ruadh dwellings to the west of Baldromma. Baljean has two traditional farmhouses associated with it. The lands of The Garey farm, and Milntown are also farmed with Loughmallow. Both the latters' residences are privately occupied and were not agriculturally tied.

Close Lake farmlands are farmed with Ballavarry. The latter has two dwellings on it. Close Lake House is a separate private residence. Ballacrebbin is farmed on a part-time basis. It has two dwellings on it, one agriculturally tied. Loughan e Yeigh may still be an equesrian centre. Some land is farmed separately on a part-time basis. The house is not agriculturally tied. Cronk Aust and Regaby Farm are farmed by the Kerruish family. There are two dwellings associated with the farm. Vollan Farm is part-time farm, part equestrian. The is a traditional farmhouse on it. Ellan Bane is farmed by the Stoutt family; there is a traditional farmhouse on it. Lhea Kerrow is farmed full time by John Caley. There are two houses on it, one agriculturally tied. Ballakillingan and Skyhill are owned by Julian Edwards and farmed by the Brumby family. There are two or three houses on the farm / estate.

Regaby Beg is farmed full time by Edward Clague and partner. There is a traditional farmhouse on it and other family owned farmhouses elsewhere on the Island.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/18252-lezayre-baldromma-dwelling/documents/1175606*
