**Document:** Officer Planning Report **Application:** 07/01817/C — Removal of agricultural tie on dwelling (Re submission to 06/01785/C) **Decision:** Refused **Decision Date:** 2008-02-18 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/83828-sulby-fo-cronk-sulby-dwelling/documents/1509487 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations ### Officer's Report ## THE APPLICATION SITE AND PLANNING APPLICATION The dwelling, Fo Cronk, Sulby Glen, Sulby, is a single storey detached bungalow, which is located on the western side of the Sulby Glen Road (A14) and is south of the crossroads with the Sulby Straight. The planning application seeks to remove the agricultural tie attached to the dwelling. ## PLANNING HISTORY Planning approval in principle for the erection of a dwelling on the application site was granted through AP41473 on the 12th March 1976. Detailed planning approval for the erection of a dwelling on the application was subsequently granted through AP42268 on the 13th August 1976. The detailed planning approval was the subject of two conditions that are specifically material to this current planning application: Condition 9 of AP42268 states: "The proposed dwelling must be retained in associated with the agricultural holding and must not be sold or let separately." Condition 10 of AP42268 states: "The dwelling must be occupied by a farm worker or a person engaged in agricultural and such tenancy must be subject at all times to enquiry and approval by the Planning Committee." PA 06/01785/C - Removal of agricultural tie on dwelling, Fo Cronk, Sulby. Refused 6th February 2007 for the following reasons: 1. Insufficient evidence has been submitted to demonstrate that the property is no longer required for occupation by an agricultural worker in the island. Accordingly the removal of the agricultural workers condition is insufficiently justified. Note: The Department's established practice in these matters is to require that the dwelling should be offered for sale for a period of 6 months at a valuation which reflects the limitation on occupancy imposed by the current planning approval; there would usually be a reduction in the free market value of approximately 25 – 30% ### Representations Lezayre Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that there is a remaining need for such properties. The Society for the Preservation of the Manx Countryside and Environment express an interest in the planning application. The owner and/or occupant of Reayrt Noa, which is located in Sulby, object to the planning application. The grounds for their objection can be summarised as concern that the applicant's valuation of the property does not reflect the agricultural tie imposed on the property. The owner and/or occupant of Lough Mallow Farm, which is located on Jurby Road in Lezayre, object to the planning application. The grounds for their objection can be summarised as concern that the applicant's valuation of the property does not reflect the agricultural tie imposed on the property and that such properties should be within the reach of genuine agricultural workers. The owner and/or occupant of Seacliffe, which is located in Braddan, expresses an interest in the planning application. ### Planning Policy In terms of land use planning the application site is located within a wider area of land that is designated as open space under the Isle of Man Planning Scheme (Sulby Local Plan) (No. 2) Order 1998. There are no policies within the associated written statement that are considered specifically material to the assessment of this current planning application. In terms of strategic planning policy, there are two policies within the Isle of Man Strategic Plan 2007 that are considered specifically material to the assessment of this current planning application: **Housing Policy 7 states:** "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated." **Housing Policy 8 states:** "Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants." Paragraph 8.9.4 specifically discusses agricultural occupancy conditions and states that "Such a condition will not usually be removed on subsequent applications unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose." ### Assessment The planning application seeks to remove the agricultural occupancy condition attached to the property through original planning approval AP42268. As stated earlier in this report condition no. 10 of that original approval states that "The dwelling must be occupied by a farm worker or a person engaged in agricultural and such tenancy must be subject at all times to enquiry and approval by the Planning Committee." Condition no. 9, which states "The proposed dwelling must be retained in associated with the agricultural holding and must not be sold or let separately." is not a valid condition as it relates to non-planning matters and is therefore unenforceable. In order to assess the planning application it is beneficial to have an understanding of background of the property. In this regard it is understood that the property was originally built in 1976/1977 by the applicant's grandfather (Mr E. T. Corlett) for the applicants father (Mr T. E. Q. Corlett) who was granted planning approval for an agricultural workers dwelling on the grounds of their land ownership, working circumstances and housing situation. The applicant's father moved into the dwelling in June 1977. The applicant's father inherited two properties following the death of the applicant's grandfather in 1978, one of which (Croit Molly Rob) was purchased by the applicant in 1984 and has been their home since that time. The applicant's father sold the majority of their land in 1982 in order to fund his retirement, retaining only 11 acres of land on Clennaugh Road and the lease for the fields adjoining Fo Cronk. In 1990 the remaining 11 acres of land was sold and the lease for the fields adjoining Fo Cronk ended. The applicant's father died in 1996 with the applicant's mother remaining living in Fo Cronk until her death in 2005. The applicant subsequently inherited the property and now seeks to remove the agricultural occupancy condition from the currently unoccupied property. None of the applicant's immediate family are employed in agricultural and the removal of the condition is sought in order to allow unrestricted occupation of the property. As stated earlier in this report a previous planning application, 06/01785/C, seeking to remove the condition was refused on the 6th February 2007 on the grounds that insufficient evidence had been submitted to demonstrate that the property is no longer required for an agricultural worker. The refusal decision was accompanied by a note stating that the dwelling should be offered for sale for at least six months at a valuation that reflects the condition, such valuation being a reduction of 25-30% of the free market value. Although not stated within the Isle of Man Strategic Plan 2007 this percentage is taken from current Department practice, which is presently under review and is expected to form the basis of a new planning policy statement. The property has been marketed by Chrystals Estate Agents at £390,000 since February 2007, a price which is considered by them and the applicant's to reflect appropriate discounting reflecting the agricultural occupancy condition. Assuming a 25% discount, this places the free market value at £487,500 or at 30% discount, a free market value of £507,000. Following an appropriate request, the Government Valuer examined the property and suggested a free market value of £470,000. A 25% discount to this free market value equates to £352,500, whilst a 30% discount equates to £329,000. Based on these values it can be seen that the applicant’s agent has valued the property at £37,500 (approximately 11%) more than the Government Valuer if a 25% discount is assumed and at £61,000 (approximately 19%) more than the Government Valuer if a 30% discount is assumed. Assuming the 25% is the minimum permissible level of discounting, it is considered that the difference between the applicant valuation and the Government Valuer’s valuation, i.e. £37,500, is beyond reasonable levels of acceptable tolerance. It is therefore concluded that the property has not been marketed at a value that reasonably reflects the agricultural occupancy condition imposed on it. It is noted that representations to the planning application have highlighted expressions of interest from persons who would meet the requirements of the imposed condition. Ultimately, agricultural workers dwellings are granted approval as an exception to the normal presumption against residential development in the countryside. The removal of an agricultural occupancy condition without sufficient justification would be contrary to those reasons for its original imposition. It is recommended that the planning application be refused. ### Party Status It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Lezayre Parish Commissioners. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: - The Society for the Preservation of the Manx Countryside and Environment; - The owner and/or occupant of Reayrt Noa, 8 St Stephens Meadow, Sulby; - The owner and/or occupant of Lough Mallow Farm, Jurby road, Lezayre; and - The owner and/or occupant of Seacliffe, Old Castletown Road, Braddan. ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 04.02.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal **C : Conditions for approval** **N : Notes attached to conditions** **R : Reasons for refusal** **O : Notes attached to refusals** ## **R 1.** Whilst the property has been marketed for an acceptable period of time, it is considered that the free market valuation of the property, and therefore its discounted valuation to take account of the agricultural occupancy condition, is unreasonable. Therefore, the attractiveness of the property to persons who would meet the requirements of such a condition has been detrimentally affected and the justification for the removal of the condition not properly tested. Decision Made : REFUSED Committee Meeting Date : 15/2/08 --- *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/83828-sulby-fo-cronk-sulby-dwelling/documents/1509487*