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Application No.: 18/00406/B Applicant: Anthony Mark Oates Proposal: Variation of condition 2 of PA 91/00535/B, to permit the use of building as a dwelling Site Address: Thie Ny Hawin Balnahowe Santon Isle Of Man IM4 1HN Case Officer : Miss S E Corlett Photo Taken: 29.05.2018 Site Visit: 29.05.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 29.05.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. This approval relates to the use of the property and associated land as defined in red and blue on the submitted location plan as a private residence.
Reason: To clarify the extent of the approval. Plans/Drawings/Information; This decision relates to the submitted location and site plans received on 19th April, 2018. _______________________________________________________________
None _____________________________________________________________________________ Officer’s Report
1.1 The site is the curtilage of Thie ny Hawin, a detached two storey property with traditional features situated on the road which leads from the A25 Old Castletown Road towards the coast and the Meary Veg sewage treatment plant. The dwelling was approved as an agricultural worker's dwelling in 1991 under 88/004466/B and 91/00535/B. The house sits in a curtilage of a little over an acre. - 1.2 The property was approved as at the time, the applicant, with his father farmed Meary Veg Farm as tenants of 240 acres of mixed arable and beef and dairy cattle. The approval was subject to a condition which required that
"The Building(s) shall not be used for any other purpose than that indicated on the plan or in the application without consent of the committee" and
"The occupation of the proposed dwelling(s) must be limited to persons who's employment or latest employments or was employment in agriculture in the Island and including also the dependants of such persons as aforesaid."
1.3 The house was built in 1993 and occupied by the current applicant and his then wife. In the same year, Meary Veg Farm was sold to Government. The farm was separated from the dwelling in 1995 and Mr. Oates senior retired and the applicant changed career to become a motor mechanic. The applicant and his wife had since separated and it is their wish that the house is sold and the value divided between them so that they can buy separate houses to live in. - 1.4 Withaney, immediately to the south was approved as a farm dwelling in 1993 (PAs 92/01232/A and 93/00945/REM). Withaney was approved on the basis that the intended occupants, Mr. and Mrs. Oates (the current applicant's mother and late father) had up until recently then, farmed at Meary Veg Farm which had been sold to Government for the creation of the sewage treatment works. They were tenants of Meary Veg and at the time of the purchase of the farm, Mr. Oates was not in particularly good health and would not have been able to continue farming somewhere else. It was recommended by those supporting the application that his knowledge however would be useful as a self-employed rural worker in the area and he and his wife wished to remain in this part of the Island where they had lived for a large part of their lives. - 1.5 The dwelling was approved in principle and detail subject to a condition which required that, "The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was employment in agricultural in the Island and including also the dependants of such persons aforesaid." This condition was removed on application under 16/00330/B. - 1.6 The dwelling is one of a number in the immediate vicinity which are subject to agricultural occupancy conditions (see map):
Ballacregga Farm to the north has two properties, one of which has a specific agricultural occupancy condition (PA 88/01250/B) (1) and (2) Greenfields (approved under IDO 51877) is associated with a farm which has a further two dwellings available to it, Balnahow Farmhouse (and old property) and Hillcrest approved in 1973 (IDO 34987) (3), (4) and (5)
2.1 Proposed is the removal of the agricultural occupancy condition. - 2.2 The applicant advises that he contacted the owners of Oatlands Farms, the only working farm in the vicinity and they indicated that they have no need for a further dwelling.
2.3 The applicant also explains that Thie ny Hawin was on the market for sale from October to April and he advises that there were no viewings or enquiries over that time. The property was advertised for sale at £249,000. The property is no longer on the market. PLANNING POLICY - 3.1 The site lies within an area which is designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as High Landscape Value and Scenic Significance and not designated for development. As such there is a presumption against development in such areas and if there were no house there at present, any new dwelling would have to pass the test of agricultural need to have a chance of being approved. The Strategic Plan offers the following advice regarding the removal of agricultural occupancy conditions:
"Housing Policy 8: 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."
4.1 As stated above, the dwelling was approved in 1991. The planning history of the dwelling is set out above but of equal relevance is the history of the other properties within the vicinity. In this area there are a surprising number of dwellings with agricultural occupancy conditions seven (Withaney, Thie ny Hawin, Hillcrest, Greenfields, Balnahow Farm, Ballacregga Farm and farm bungalow (which may not have a specific occupancy condition attached to it as no planning history has been identified for this property). Slightly further afield, Oatlands Farm has four dwellings associated with it and Ballaquiggin Farm, formerly had two. The two properties at Ballaquiggin had the conditions removed under PA 00/00245/B and are now the subject of redevelopment proposals, along with the adjoining properties, under PA 16/00351/A, having previously been approved for the same scheme. The main farmhouse at Ballacregga was recently the subject of a successful application for a certificate of lawfulness of use for occupation as a private dwelling, contrary to the original occupancy condition applied in the late 1980s when the dwelling was rebuilt (13/00581/LAW). Greenfields was the subject of an application for removal of the agricultural tie (PA 15/00641/B) which was withdrawn before a decision was taken and the occupation of Withaney was derestricted in 2016 as noted above. REPRESENTATIONS - 5.1 Santon Parish Commissioners indicate that they do not object to the application (09.05.2018).
5.2 Highway Services raise no objection (21.05.18). ASSESSMENT - 6.1 It would appear that at least some of the dwellings which were approved on the basis of agricultural justification seem to have had less than robust tests of long term need before having been approved. In this current case the dwelling, as with Withaney, was approved so that the long term tenant of Meary Veg Farm could continue to live in the area following the acquisition of the farm and its conversion to a sewage treatment facility. Similarly at Ballacregga, the main dwelling was approved to be replaced where the original dwelling had no such tie but a condition was considered to be appropriate. This has since been effectively
removed through the granting of a Certificate of Lawfulness for use of the dwelling as a private house. As such, perhaps it is not surprising that there have been subsequent applications for removal or non-application of the condition. It was suggested in the assessment of 16/00330/B for Withaney that should that application be approved, it was highly likely that further applications will be forthcoming and indeed now this application is to be considered.
6.2 The test is whether there is still a need for this dwelling in agricultural terms. The estate agents who marketed Thie ny Hawin confirm that the property is no longer on the market due to having been withdrawn by the owner and that whilst there were many expressions of interest, none was eligible to purchase as they would not have complied with the condition. It is also relevant that the applicant has not been employed in agriculture since 1995. If an application for a Certificate of Lawfulness of Use had been submitted rather than an application for removal of the agricultural occupancy condition, then it is likely that such would have been granted, allowing the property to continue to be occupied as an unrestricted private residence.
6.3 It is understood that Balnahow Farm is managed in a traditional manner - the owner farming the close lying land and land further out from the farm is let out, Ballaquiggin Farm is now entirely tenanted out to a farmer in Ballasalla who has a farmhouse and had planning approval for two further dwellings on that farm, together with a range of farm buildings, operated by a family and using casual labour when required. Ballacregga is a low output holding which is stocked only to manage the landscape and uses some contracted labour when required. Oatlands Farm is understood to be becoming more agriculturally active, being owned and occupied by a young farmer. - 6.4 From this information it not only appears that the application property is unlikely to be acquired by someone who would comply with the condition, given the experience with the property alongside, but also, given the nature of farming in the vicinity, that there is unlikely to be a requirement for further dwellings as the land available is already being farmed by people with adequate accommodation available to them, and in some cases with additional dwellings being available to them if required.
7.1 It is difficult to conclude other than that there is no current nor likely longer term requirement for an agricultural dwelling in this location and as such it is recommended that the condition is allowed to be removed. PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…11.06.2018
Signed :…………S CORLETT………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
/NO
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