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September 2019
1997757
Applicant: Mrs Kathryn Revitt Applicants Address: Ohio Field, Bernhara Road, Andreas Application for Removal of Agricultural tie, Ohio Fields Bungalow, Bernhara Road, Andreas
The original bungalow was completed around 1986 by Mr Allan Skillan. His mother lived in Ohio Cottage adjacent to the site bequeathed the Ohio Field land shown in the application to her son to build a bungalow. The land holding consisted of only 0.65 Hectares (1.5 Acres) as indicated in red on the enclosed site plan. There was, nor is any other land ownership associated with Ohio Field.
This planning approval was sought by and for Mr Allan Skillan and it is recorded that a permission for a bungalow as now built was granted at review on 20.7.1981 under I.D.O 54451.
However the evidence shows that the approval was only granted after Mr Skillan had convinced the Planning Committee of the time his need for an agricultural dwelling. This was granted only with Mr Skillan's commitment to create a horticultural Market Garden / Nursery on the properties 1.5 Acres, the only land he had available to him. This is clearly confirmed within this approval. Following receipt of the approval Mr Skillan built the bungalow, but never implemented the actual market garden at the property.
The previous planning history shows however that both Mrs E Skillan, his mother and Mr Skillan himself had tried numerous times to get a new bungalow approved on the land, all were refused. None of these requested the need for an Agricultural Workers Dwelling. These applications and their refusals are recorded under the following applications;
I.D.O 21113 Mrs E Skillan -AIP for use of Field for Bungalow refused 12th November 1965
I.D.O 23804 Mrs E Skillan -AIP for use of Field for Bungalow refused originally 12th January 1968 & on review 8th March 1968
I.D.O 30265 Mrs E Skillan - AIP for use of Field for Bungalow refused originally initial refusal 30th April 1971, at Review 2nd June 1971 & Appeal 14th February 1972
I.D.O 48088 Mr G.A.Skillan - detailed approval for bungalow in rear garden of Ohio Cottage refused initially 6th December 1978, at Review 17th April 1979 & Appeal 21st June 1979
I.D.O 49939 - Mr G.A.Skillan-Approval in Detail to Erect a Bungalow refused initially 31st August 1979 & confirmed at Appeal 15th November 1979
I.D.O 51014 - Mr. A. Skillan - Approval in Detail for Erection of Bungalow, initially refused 11th January 1980 & at appeal 24th April 1980
I.D.O 53498 - Mr A. Skillan - Application in Detail to Erect a Dwelling, initially refused 9th January 1981 & confirmed at appeal 26th February 1981
I.D.O 54451 - Mr A. Skillan - Application in Detail for Dwelling initially refused in line with the previous decisions. However approved was then granted at review on 20.7.1981 after the Committee was convinced by Mr Skillan, under personal circumstances & the need for the creation of a Commercial Horticultural Market Garden on the land.
In our opinion, the very specific approval for a Horticultural Workers Dwelling obtained by Mr Skillan in 1981 was obtained without proper justification. No less than 7 No. separate applications for a dwelling on the land were submitted over a period of 16 years, most being taken through to appeal, with only a slight reference in the 1978 Committee Minutes referencing the growing of potatoes on the land adjacent to Ohio Cottage. This was not a suitable justification presented concerning agricultural work, market gardening or in fact any involvement in agriculture. It was in simple terms home produce growing.
Somehow the planning authority were eventually convinced that a horticultural workers dwelling was urgently needed by Mr Skillan. A need that also stipulated its completion within a 12 month period.
Having contacted the IOM Government Rates section to provide further historical evidence concerning the property. It is confirmed that the bungalow was actually commenced between 1983-1984, 18 months after the approval. Mr Skillan was at the time living with his mother at Ohio Cottage next door with no other family dependants.
The property is recorded as completed for habitation in 1986 and rated on completion as an Agricultural Dwelling. IOM Government Rates Department file notes clearly state that Mr. A. Skillan for the purposes of the property rating code described himself as a Nursery Man.
In 1982 Mr Skillan submitted a Change of Use application for the dwelling to become a private dwelling without an agricultural tie. Within that application he personally confirmed by letter that he had not been involved in agriculture for 10 years and that his market garden had not been viable. All evidence shows that the market garden never actually existed.
The application was refused at appeal, however the submissions at the time present some very interesting questions and evidence;
> "...the dwelling and the land and myself have not been connected with agriculture for the last 10 years..." according to his letter this would be around 1982
GCA Ltd The Design Studio, Carmodil Beg, BallaughIM7 5JD T: 01624 898402 E: [email protected]
a farmworkers dwellingSince completion of the bungalow, we can find no evidence that this land has ever been commercially cultivated and used for agricultural for the last 33 years.
We have contacted both Andreas Commissioners and long time local residents who all confirm that Mr Skillan has never run a market garden from Ohio Fields or been involved in Agriculture in the time they have known him. Letters confirming this from the Clerk to Andreas Commissioners and the close neighbours are enclosed for your attention.
Since 1979 Mr Skillan's hobby was to walk with permission, the land of many surrounding farms resulting in extensive archaeological finds. These are officially recorded at the Manx Museum and resulted in Mr Skillan receiving in 1999 the prestigious "Reih Bleeaney Vanannan Trophy" for outstanding works in furthering our knowledge of the Island's prehistory. Mr Skillan's historical contributions are further confirmed by other parties who knew Mr Skillan in their previous correspondence letters. However it is very clear that he was not involved in agriculture or horticulture since 1981.
Our Client obtained the property recently from Mr Skillan's Estate as an investment property and has carried out major refurbishment. The property at present is valued at £500k and carries a rental value in the market of £1650- £1800 per calender month.
It has been claimed by the Planning Department that the property should be advertised for sale as an Agricultural Ownership or Letting Property, with if necessary a reduced valuation to encourage persons from that agricultural sector. This however has been shown recently at appeal not enforceable.
However even if it was considered at a reduced value in terms of sale or rental, the property is well beyond the wage range of an agricultural persons within the sector. Based on current IOM Farm Workers Rates a top employee may obtain a salary of £20-21k per annum. Rental of the bungalow would require a minimum of £19k per annum where as a 25 yrs interest
only mortgage would be min $£ 550-600$ per month. So the property is not feasible as an agricultural works property
Based on the evidence found question the validity of the original approval for agricultural or horticultural use, both in terms of employment, need and the build completion could be questioned. The property did not, as stated previously, commence until 1983 and was not completed for habitation until 1986. A period of 5 years after the approval was granted. At no time over the last 33 years have the Planning Department checked or questioned the approval implementation in terms of the dwelling and the market garden. We therefore under this application request that the Agricultural Tie on the property is removed and the property can then be reassessed for correct rating as a private dwelling as agreed with IOM Government Rates Section.
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