**Document:** Planning Report and Recommendations **Application:** 10/01350/C — Removal of agricultural workers occupancy condition from dwelling **Decision:** Refused **Decision Date:** 2011-03-17 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/50-sulby-tramman-dwelling/documents/1569729 --- # Planning Report and Recommendations ## ANNEXURE 11 PLANNING REPORT AND RECOMMENDATIONS cation No.: 08/00958/B licant: Mr G A & Mrs E Moore oposal: Removal of agricultural worker's tie site Address: Tramman Ballamanagh Road Sulby Isle Of Man IM7 2HD Considerations Case Officer: Mr Chris Balmer Photo Taken: Site Visit: Expected Decision Level: Planning Committee Written Representations Seacliffe Old Castletown Road Ballaveare Braddan Interest expressed Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Lezayre Parish Commissioners Notes: ## Officer's Report THE SITE The application site forms the curtilage of Tramman (0.45 acre), Ballamanagh Road, Sulby, which is a two storey detached property located on the western side of the Ballamanagh Road and south of Sulby Village. PLANNING STATUS The site has been zoned under the Isle of Man Development Order 1982 as being within an area of 'woodland'; the site is not within a Conservation Area but is within an area of High Landscape Value or Coastal Value and Scenic Significance as designated in the 1982 Development Plan Order. Isle of Man Strategic Plan 2007 Isle of Man Planning Scheme (Development Plan) Order 1982 PLANNING HISTORY The following planning applications are considered relevant in the assessment and determination of this application: 4 August 2008 08/00958/B Page 1 of 3 Removal of agricultural workers condition on dwelling - 07/00216/B - REFUSED at the following reason:- "There is in the submitted application insufficient evidence to demonstrate that no further need for agricultural workers' accommodation in this locality." Erection of a dwelling, field 1774, Ballamanaugh, Sulby, Lezayre (84/00082/B) - APPROVED Approval in Principle for the erection of a dwelling and garage (83/1463/A) - APPROVED Extension to form orangery, Ballamanaugh, Sulby, Lezayre (85/01183/B) - APPROVED **PROPOSAL** The application seeks approval for the removal of agricultural worker's tie, which was attached under PA 84/00082/B. **REPRESENTATIONS** The Department of Transport Highways Division do not oppose the application. Mr Jessop has commented on the planning application, which can be summarised as: objection to the application on the basis of not enough sufficient justification has been provided for the removal of the tie; there have been rent applications for farm workers dwellings in the Ballaugh / Jurby area; The problem is with the property values being so inflated it is cheaper for people to build new dwellings; and the policy need reviewing. **ASSESSMENT** An Approval in Principle (PA 83/1463 refers) was approved for the erection of a dwelling and garage on the 9th December 1983 subject to a number of conditions, one of which stated:- 1. The proposed dwelling must be retained as part of the agricultural holding as defined in the submitted plan and must not be sold or let off separately, to the satisfaction of the Planning Committee. A further detailed application was submitted (PA 84/00082 refers) which was approved for the erection of a dwelling and garage subject to a number of conditions, two of which stated:- 1. The proposed dwelling must be retained as part of the agricultural holding known as "Ballamanaugh" as defined in the submitted plan and must not be sold or let off separately therefrom, to the satisfaction of the Planning Committee. 2. The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was employment in agriculture in the Island and includes the dependents of such a person as aforesaid and such tenancy must be subject at all times to enquiry and approval by the Committee. The Government practice is for the property to be put on the property market at a reduced sum of between 25% and 30% for a period of at least 6 months, to consider whether the removal of the tie is justified. The dwelling has been advertised through estate agents since September 2005. The dwelling was advertised through Island Property Consultants on a "Price on Application" basis, it was considered rent would have been in the region of £950pcm which took into account of the agricultural tie as a market rent for the property at that time would have been £1200pcm. In July 2007, the responsibility of re-advertising the property was subsequent changed to Chrystals Estate Agents in Ramsey, at that point it was considered the rental value of the property was deemed to be in the region of £1400pcm, and therefore to incorporate the 30% discounted rate the property was advertised at a rental price of £975, and has remained at this rate ever since. 4 August 2008 4th July 2007, the previous planning application (07/00216/B) was refused by the Minister, as considered that: "There is in the submitted application insufficient evidence to demonstrate there is no further need for agricultural workers' accommodation in this locality." Subsequently, applicant has advertised the property as indicated above, which has not resulted in the property being rented. **RECOMMENDATION** It is considered that this application has overcome the concerns of the previous application, in that: the applicant has undertaken the practice of the Planning Authority for a 25% to 30% price deduction for the required 6 month period. It is therefore considered the proposal to remove the agricultural tie to be acceptable, and it is recommended the application be approved. ## **PARTY STATUS** It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Lezayre Parish Commissioners - Department of Transport Highways Division 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: - Mr Jessop, Seacliffe, Old Castletown Road, Braddan **Recommendation** - **Recommended Decision:** Permitted - **Date of Recommendation:** 04.08.2008 **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** ## **C 1.** This approval relates to the removal of the agricultural tie as proposed in the submitted documents and drawing 00958/1 all received on 12th May 2008. **Decision Made:** - Committee Meeting Date: 1/12/08/08 4 August 2008 --- *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/50-sulby-tramman-dwelling/documents/1569729*