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Dear Sir(s)
Application No: 13/00581/LAW Proposal: Application to make lawful the occupation of the dwelling by a non-agricultural worker Address: Principal Dwelling Ballacregga Farm Marine Drive Port Soderick, Santon, Isle of Man Applicant: Ballacregga Estates Limited
Please note that in considering the abovementioned application the Department has determined that sufficient evidence has been provided to justify the issue of a Certificate of Lawfulness.
There is no appeal against the issue of this certificate, however the Department retains powers to revoke, in accordance with section 24(5) of the Town and Country Planning Act 1999, should later contradictory evidence be established.
Should you have any queries on this matter please contact the Department at your earliest convenience. Yours faithfully Secretary Planning Committee
planning and building control
bun-troggalys - plannal as gurneil troggal
The Department of Infrastructure hereby certifies that on the 16th May 2013, the use described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):
1) It is considered that it has been demonstrated that as of the date of the issue of this notice, the dwelling identified as "Principal Dwelling" on plan reference 112/100, referred to as Ballacregga Farm, has been occupied in non-compliance with condition 3 of 99/00595 that restricted occupation to agricultural workers or their dependents for a period in excess of ten years and that as such a Certificate of Lawfulness of Use should be issued in this respect.
This decision was made by the Development Control Manager in accordance with the authority delegated under the Government Departments Act 1987.
The use of Ballacregga Farm house, identified as "Principal dwelling" on plan reference 112/100 by non-agricultural workers.
Principal Dwelling Ballacregga Farm Marine Drive Port Soderick Santon Isle of Man IM4 1HN
Date 3rd September 2013
Signed on behalf of the Department of Infrastructure
Chance
Miss J Chance RTPI Development Control Manager
Notes
| Date | 03 September 2013 |
| Comments | 13/00581/LAW |
| Application No.: | 13/00581/LAW |
| Applicant: | Ballacregga Estates Limited |
| Proposal: | Application to make lawful the occupation of the dwelling by a non-agricultural worker |
| Site Address: | Principal Dwelling |
| Ballacregga Farm | |
| Marine Drive | |
| Port Soderick | |
| Santon | |
| Isle Of Man | |
| IM4 1HN | |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | |
| Site Visit: | 21.03.2013 |
| Expected Decision Level: | Officer Delegation |
1.1 The site is the curtilage of a group of buildings - a Manx farmhouse-style dwelling with attached barn behind which has been converted to living accommodation, a modern bungalow, a large modern barn and a former cottage which is used as kennels for the applicant's animals. The farmhouse lies at one end of the group and the bungalow at the other end to the south east. The buildings are grouped within an area of around 90m by 50m. The group sits towards the top of the hillside to the south of Port Soderick harbour. Access to the site is from the Port Soderick car park area, over a small bridge and up the side of the hillside, past two semi-detached Manx cottages which have been refurbished and upward to the building group. The group sits around 500m from the glen and sits at a level of 80m above Ordnance datum. The hillside behind rises to a summit of 105.44 AOD.
1.2 The buildings are visible from two main public vantage points: Marine Drive and Quine's Hill. From the Marine Drive, to the north east the view is dominated by the large expanse of green hillside, interspersed by hedgerows subdividing fairly large fields. The buildings are visible towards the top of the hillside. From the A25 Old Castletown Road, between Ballaveare and Quine's Hill the view is similarly dominated by the expanse of hillside in which the buildings can be seen in a line towards the top of the hill. From neither view are the existing buildings prominent although they are visible, due to the expanse of countryside in which they are sited. From the Port Soderick Road between Ballaveare and Port Soderick, one may have glimpses of the buildings through the trees: from the car park and glen the buildings are completely screened from view by existing trees.
1.3 The land ownership associated with this property extends to 226 acres with the buildings set within a contained, walled area which extends to 1.7 acres, 2.4 acres including the pond in front of the stone barn.
1.4 A site of archaeological interest lies just to the east of the walled garden and is the site of a chapel.
3.1 Buildings are shown on this site on the 1860s County Series mapping. This shows the current kennel building along with a long building to the north west alongside. There is also a
long building at the rear of what is now the walled garden and what looks as it if may be a main dwelling in the centre of the site towards the rear. By 1929 the kennels were still intact and the building alongside had been added to, to the rear. The other buildings on the site remain as on the 1860s mapping. 3.2 Planning applications were then submitted for the development and redevelopment of the site. The farmhouse was the subject of a successful application for redevelopment under PA 88/01250. This required that the replacement dwelling be occupied by someone whose employment was in agriculture and no approval was granted or implied to the type of dwelling shown in the submitted drawings which was for a grander, non vernacular style of dwelling. The reserved matters and detailed applications for this - PAs 89/00698 and PA 90/01612 were refused due to their style, prominence and impact on the landscape. Permission was granted for a replacement dwelling under PA 91/00804 which was for a dwelling further forward than the existing barns to the west of the building group. A further application for the replacement of the dwelling was refused, PA 98/01952 as it was considered too large (more of a quarterland farmhouse style dwelling) and then a further application permitted, PA 99/00595 which was for basically what exists on site and was subject to the same agricultural occupancy condition. Amendments to this were permitted under PA 00/01278 and the barn behind converted to additional living accommodation under PAs 02/01226 and 04/00136. 3.3 PA 08/01537/R proposed the enlargement of existing pond and was permitted. 3.4 The large modern barn was approved under PA 83/00953 in 1983.
4.1 The application seeks a Certificate of Lawfulness of Use of the farmhouse by a nonagricultural worker, attempting to demonstrate that it has been occupied as such for at least 10 years. The Town and Country Planning Act 1999 states that an enforcement notice may not be issued in respect of a breach of condition where that breach has occured for 10 years continuously. 4.2 The applicant has confirmed that the property was built as a replacement for a former dwelling on the site, under the provisions of PA99/00595. The original dwelling did not have any form of occupancy restriction imposed upon it, being an old house which was constructed prior to the introduction of a planning or development control system on the Island. Despite the condition, the dwelling has been occupied by the present applicant since 2002, since it was built and neither he nor any of his family were then or have since been employed in agriculture. 4.3 The land around the house was let on 364 days licences to a Mr John Chadwick of Ballahig until 2002. In 2002 when the current owner began to reside on the site, the licence was given to Shenvalley Farms which was run by Mr A Collister and Mr C Collister of South and Lower Tosaby in St Marks. Since 2009 no grazing licence has been issed, and when Bellacregga took the estate back in 2009 and applied for the Countryside Care scheme they employed a Mr Steven Sloane and two other labourers to undertake the care of the sheep. 4.4 The applicant provides rate demands for the most recent 5 years which show that the property is rated as a house, not an agricultural property. 4.5 A letter is provided from Manx Telecom to confirm that the telephone number at the property is the same as was issued in 2002 and the same service has continued at the property ever since. It does not confirm that the service has continued in the same name.
4.6 Manx Electricity Authority confirm that the electricity supply was provided to the new property in the name of Mr. Turner from 2002 to 2008 and in the name of Ballacregga Estate Limited from 2008 to the present time. 4.6 There is a letter from DEFA dated 4th May, 2010 confirming that Ballacregga Estates Limited sought to be registered as an agricultural business at that time. The agricultural reference AB1633 was issued in that respect. 4.7 The applicant has provided a copy of his income tax return dated 2011-2012, the employer given as Ballacregga Estates Limited. The income provided was given as nil and other benefits amounted to $£ 6,862$ with accommodation provided by the company. A retirement pension of $£ 1,524$ was provided and no further income claimed. 4.8 Further to a meeting with the planning officer, the applicant has provided an affidavit sworn by the applicant which states that prior to moving to the Isle of Man he was employed in a company which was involved in the exportation and processing of meat in the UK. He moved to the Isle of Man in 2000 in the dwelling which was approved under PA 99/00595. The farmland at Ballacregga was let to a Mr. Chadwick of Ballahig until 2002 and then re-let to Shenvalley Farms until 2009. Ballacregga Estates Limited took the farm back in 2009 and applied for Countryside Care Scheme status. The flock of loaghtan sheep was purchased as a condition as a new entrant to the Scheme and has been maintained on the farm. The applicant confirms that he has taken no income from the company. 4.9 Ernst and Young who have acted as tax advisers for the applicant confirm that the land at Ballacregga was leased out to tenants up to May 2010 and that the applicant had not up to that time been engaged in agriculture. They confirm that his income comes from personal pension and loan account repayments from Ballacregga Estates and receives no income from any farming activities. 4.10 The Countryside Care Scheme intends to provide support to Isle of Man agriculture where this means "the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping of animals for farming purposes or maintaining land in good agricultural and environmental condition." "The objective of this Scheme is to create a credible, practical and effective decoupled support Scheme as the foundation for a thriving, diverse Manx agricultural industry whilst protecting the Isle of Man's landscape and natural heritage and maintaining its productive capacity."
5.1 The evidence provided from the applicant by way of the affidavit and the statement by his accountants would appear to confirm that he is not engaged in agriculture and a visit to the site would confirm that there is no agricultural activity in and around the buildings concerned. The occupant of the dwelling would not appear to have any previous experience in agriculture nor any desire to have, either now or in the future, such an involvement in this industry. 5.3 It is also of some relevance that there was no agricultural justification put forward at the time of the consideration of the replacement dwelling, for the occupancy condition, nor did the original dwelling contain such a restriction. It is perhaps the case that the condition should not have been attached in the first instance as the dwelling was a replacement with no need for agricultural justification. 5.4 There is no evidence that the occupants of the dwelling have actively been involved in agriculture at any time and up until 2009 the farmland was leased out for others to farm. The acceptance onto the Countryside Care Scheme itself does not demonstrate that the farm has been actively farmed as the maintenance of the land in good condition would satisfy the scope of the scheme as set out as indeed would leasing out the land to other farmers. As the
principal occupant of the dwelling is retired from employment, it is difficult to say with any certainty that he is actively employed in something or retired from something which is not agriculture, which makes it difficult to prove the point that the property has not been occupied by someone employed in agriculture. However, taking into account the lack of obvious agricultural activity around the dwelling, the domestic nature of the grounds immediately surrounding the dwelling and the information provided from the applicant and his accountants, it is accepted that the dwelling has not been occupied by someone employed in agriculture, such as would satisfy the occupancy condition imposed on the dwelling and as such it is taken as having been occupied without compliance with the condition up to the present time.
5.5 As such, it is recommended that the application is granted.
Recommendation
Recommended Decision: Certificate of Lawful Use Approved
Date of 25.07.2013 Recommendation:
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. It is considered that it has been demonstrated that as of the date of the issue of this notice, the dwelling identified as "Principal Dwelling" on plan reference 112/100, referred to as Ballacregga Farm, has been occupied in non-compliance with condition 3 of 99/00595 that restricted occupation to agricultural workers or their dependents for a period in excess of ten years and that as such a Certificate of Lawfulness of Use should be issued in this respect.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Certificate of Lawful Use Approved Date : 2/9/13
Determining officer (delete as appropriate)
Signed : Signed : ______________________________ Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager
2 September 2013 13/00581/LAW Page 4 of 4
PA13/00581/LAW Ballacregga Estates Limited Application to make lawful the occupation of the dwelling by a non-agricultural worker, Principal Dwelling Ballacregga Farm Marine Drive Port Soderick Santon Isle Of Man Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.05.2013, includes;
Dev Control Polygons: Reference Number: 04/00136/B Status: Permitted Proposal: Amendments to approved conversion of outbuildings to additional living accommodation (02/01226B) Reference Number: 00/01278/B Status: Permitted Proposal: Amendments to approved farmhouse (PA 99/0595), including 3 additional windows to side and rear Reference Number: 98/01952/B Status: Refused Proposal: Erection of farmhouse, Ballacregga Farm, Santon. Reference Number: 99/00595/B Status: Permitted Proposal: Erection of farmhouse, Ballacregga Farm, Santon. Reference Number: 89/00698/B Status: Refused on Review Proposal: Construction of a dwelling and septic tank, Ballacregga Farm, Santon Reference Number: 90/01612/B Status: Refused on Review Proposal: Erection of farmhouse, Ballacregga Farm, Santon
Reference Number: 87/01221/A Status: Refused on Review Proposal: Approval in principle to erection of a farmhouse, stable block and stud complex, Ballacregga Farm, Santon Reference Number: 02/01226/C Status: Permitted Proposal: Conversion of existing outbuildings to provide additional living accommodation Reference Number: 91/00804/B Status: Permitted Proposal: Construction of farmhouse, Ballacregga Farm, Santon. Reference Number: 88/01250/A Status: Permitted Proposal: Approval in principle to construction of farmhouse and upgrading of existing farm buildings, Ballacregga Farm, Santon. Reference Number: 13/00239/B Status: Pending Consideration Proposal: Demolish existing dwelling, secondary dwelling and shed and erection of a replacement dwelling with open car port and associated landscaping
BC Case Polygon: Reference Number: 02/07533/DEX BC Case Status: Building Work Started
Proposal: Conversion into living accommodation of existing outbuilding
Reference Number: 99/07330/OTH BC Case Status: Building Work Complete Proposal: Farmhouse
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