21 October 2011 · Delegated
Reayrt Garey, Main Road, Greeba, Isle Of Man, IM4 3lf
This retrospective application sought to remove a condition tied to a 1986 planning permission at Norfolk Nurseries, Greeba. That condition restricted occupation of the dwelling to a horticultural worker. The applicant asked for the condition to be lifted, but did not provide sufficient evidence to support doing so. The application was refused on 21 October 2011. The deciding officer found that the application lacked the evidence needed to show there was no continuing or long-term need for a horticultural worker to live on or near the site. The officer's recommendation was also to refuse, and the decision was made by the Director of Planning and Building Control under delegated authority.
The application was refused because the submitted evidence did not demonstrate that there was no further or long-term need for horticultural worker's accommodation in this locality. Without that evidence, removing the occupancy condition could not be justified.
Refusal Reasons
New agricultural dwellings
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.
Paragraph 8.9.4 of The Isle of Man Strategic Plan
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.
