19 May 2020 · Committee
Ohio Field, Bernahara Road, Andreas, Isle Of Man, IM7 3hh
The applicant sought to lift the occupancy condition that restricts the dwelling at Ohio Field to agricultural or horticultural workers. The key planning test is whether the long-term need for an agricultural or horticultural workers' dwelling, both on this holding and in the locality, no longer justifies keeping the tie in place. These concerns, taken together, meant the committee was not satisfied that the need for the tied dwelling had ceased, and the proposal was found contrary to Housing Policy 8 and paragraph 8.9.4 of the Isle of Man Strategic Plan.
The Planning Committee refused the application because the applicant had not provided sufficient evidence that there is no longer a long-term need for an agricultural or horticultural workers' dwelling at this location. Specific concerns included a recent planning approval for a new agricultural workers' dwelling in the area, a lack of appropriate marketing of the property, and a prior refusal of a certificate of lawfulness application. The proposal was found contrary to the Isle of Man Strategic Plan (Housing Policy 8 and paragraph 8.9.4).
Refusal Reasons
Housing Policy 8
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. 8.9.4 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. 8.9.5 If it is not possib le for the farm worker to live in the nearest village, the siting of the proposed dwelling should be selected having regard to the various landscape policies in Chapter 7. In particular, the dwelling should self-evidently form part of the farm group.
paragraph 8.9.4
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. 8.9.4 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.
Housing Policy 7
Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 8.9.3 In judging whether the need is sufficient to over -ride other policies, particular regard will be had to:- (a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of a farm; (c) the long -term viability of new or unproven agricultural enterprises such as small - holdings, market gardens, or horticulture; (d) the extent to which the applicant's employment in agriculture is only part-time; and (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm.
