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Two certificates of lawfulness applications are submitted; one for the use of part of the farm yard and an existing building for repair of agricultural vehicles and machinery in addition to normal agricultural use; the other for the replacement of an existing building for use of storage of supplies (non-retail) and bookkeeping / office in connection with the business of repairing agricultural vehicles and machinery in addition to normal agricultural supplies.
Details of the business, its length of operation and the nature of its activities, past and continuing are contained on the following page.
The building replaced a pre-existing larger one in 2006/2007; aerial photos taken in 2003 and July 2006 show the older building. Coincidentally the applicant's agent and a friend visited and photographed the site in June 2007. The accompanying photographs show that the new building was by then in situ albeit possibly not fully completed internally. A front elevation of the building is attached.
When the business was operating a franchise for John Deare necessary toilet and refreshment facilities were incorporated in the upper floor area for the use of the bookkeeper and Mr Eddie Quirk when working on the premises. During this time Mr Eddie Quirk lived at Killane whilst his parents, now just his mother, lived in the farmhouse at Squeen.
For a few weeks at the latter end of 2014 the applicant let someone temporarily stay on the upper floor. Albeit there are still some furnishings stored there, this use ceased before Xmas 2014. The cooker is disconnected - there is no where else to store it. The very temporary use of the area for sleeping-in has not disrupted the continuous use of the building as a whole in connection with the agricultural vehicle and machinery repair business for which the building was constructed. In effect it is no different from that which may be found in many farm buildings around the Island with people "camping out".
The fees which have already been paid, Receipt number 873454 dated 22nd February 2016, cover
a) the erection of the replacement building and that part of the yard that was formerly incorporated in the old building - £.00; and
b) the use of the remainder of the yard and another building (previously approved for agricultural machinery) highlighted in red - 2 x £115.00 = £330.00
Total £ 495.00
A separate application(s) for the erection of a replacement storage building and its conversion to residential use will follow.
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BALLAUGH SQUEEN FARM CERTIFICATE OF LAWFULNESS
For the past 25 years Squeen Farm has been run both as a farm and the centre for a business of agricultural contracting including self-employed contract work by the Quirks and repair of agricultural machinery & vehicles owned by others. Agricultural contracting in terms of making one's labour and machinery available to use on other people's farms is a common aspect of farming and its need and importance recognised as such by DEFA as a means by which farmers can earn an additional income and / or mutually help one another.
The nature of the contracting business has changed over the years. Initially both Mr Robert Quirk and his son Eddie Quirk were involved; now there is only the latter but what is on-site largely reflects the efforts and outcome of the period when both father and son were working from Squeen Farm. The following gives a description of what has happened at the site and what still happens and for which the certificate is sought.
Repair of agricultural machinery / vehicles: this involved primarily going out on site to repair machinery and vehicles in situ on other farms. When the repair could not be completed in situ the machinery / vehicle was brought back onto the yard at Squeen Farm. Repairs are still periodically carried out on older style agricultural vehicles and machinery but primarily, as above, in situ and not on Squeen Farm itself. However the applicant wishes to maintain the ability to carry on this long established business from Squeen Farm. The certificate is required to cover this aspect.
Storing of agricultural supplies: In connection with his repairing of vehicles / machinery Mr Quirk carries basic supplies of agricultural spares which he uses in connection with this work. There is no direct on site sales of such spares. Although in greater quantity, the spares are no different from what an average farmer might hold ready for use. The certificate is required to cover this use.
Sales of agricultural machinery: a franchise for John Deere vehicles and machinery was held. The machinery however was sold direct to the farmers per the agent ie machinery was not brought into the farm yard and then sold on to the farmer. Due to the increasing electronic sophistication of agricultural vehicles the decision was taken to opt out of this franchise; no sales, direct or indirect, now take place of any agricultural machinery or vehicles from Squeen Farm. The certificate is not required to cover this aspect.
Hiring out of agricultural machinery / vehicles: Different machines / vehicles are needed at different times of year such as silaging, harvesting, drainage work, fencing. Over the years Mr Quirk along with his father acquired and owned several different types / models of agricultural vehicles. While Mr Quirk still acts as a contractor to other farmers, he no longer hires out vehicles to other people. A certificate is not required to cover this aspect.
Evidence
Letters in applications:
PA 06/01585/B letter of 20th December 2006 form Gordon Clarke architect. The planning officer's report of 13th December 2006 also makes reference to the use of the farm.
PA 96/01513 letter from Department of Agriculture, Fisheries and Forestry 17th February 1997 stating that agricultural contracting is undertaken by Messrs Quirk
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Various invoices from 2002 to 2015 covering repair of agricultural machinery & vehicles Letters and invoice confirming use of agricultural contracting services 21st January 2016 E. Cowin, [Captain of Ballaugh Parish], Ballaterson Moar Farm, Ballaugh 21st January 2016 W. McMillin, McMillin Farms, Lhen Mill House, Lhen Bridge, Coast Road Andreas Aerial Photographs 2003, 2006, 2012
Photographs taken coincidentally by agent on a visit to Squeen Farm in June 2007; these show the "new shed" in situ internally and externally
Ownership
Squeen farm is owned by the Trustees of the estate of Robert Walter Quirk.
Mrs R. W. Quirk (widow) has a lifetime tenancy of the whole of Squeen Farm; she lives in the farmhouse.
Following Mrs Quirk the lifetime tenancy will pass to Eddie Quirk, the applicant, who currently occupies the premises and uses it as above both for farming and agricultural vehicle and machinery repair purposes.
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