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Application No.: 19/00559/C Applicant: Helen Margaret Radcliffe Proposal: Removal of an agricultural tie Site Address: Arderry Glen Road Ballaugh Isle of Man IM7 5JE Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 24.06.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. There is insufficient evidence to demonstrate a lack of agricultural need for the original occupancy condition to be removed from the site. The proposal therefore does not accord with the exceptions to the presumption against residential development in the countryside set out in Environment Policy 15 and Housing Policies 6-10 of the Isle of Man Strategic Plan 2016.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the curtilage of an existing bungalow, 'Arderry', in Ballaugh Glen, a rural bungalow which sits behind Cooil Coar and is accessed via a lane to the north side of that property. The site is surrounded by 32 Cypress trees but these have been approved for felling (License No. 271/19). - 1.2 The site is close to areas of woodland on what is a narrow rural road, and the concrete access lane rises steeply from the road - the site itself is not a highly visible one from any public road or vantage point. The site forms part of a loose row of dwellings on the eastern side of Ballaugh Glen Road around 0.5 miles south of Ballaugh village itself and just north of Ravensdale.
2.1 Proposed is the removal of condition number 4 attached to the original approval for the dwelling, which restricts occupancy of the dwelling to persons engaged in agriculture.
3.0 PLANNING HISTORY AND BACKGROUND - 3.1 Condition 4 on the approval of 21st September 1989 (89/0768) for the dwelling read:
"The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was employment in agriculture and including also the dependants of such persons as aforesaid."
3.2 There is no other materially relevant planning history for the site, however the applicant has provided some background on the site and the reasons for a removal of the agricultural occupancy condition (tie). - 3.3 The applicant has provided a copy of the rates invoice for the property for 2018-2019 which shows the rates paid as being for a normal dwelling rather than an agricultural one. - 3.4 The applicant states that they have lived at the dwelling for the past 29 years since May 1993 when the building was completed, and are currently employed in a line of work unrelated to agriculture. The land on which the house was built was originally part of the Carmodil Beg farm at the rear of, and adjoining, 'Cooil Coar' which was also built on land at Carmodil Beg belonging to the applicant’s parents. 29 acres of farmland here was retained and used as the agricultural justification for the erection of the new dwelling in 1989 (Arderry). The applicant’s then husband supported the farm with part time work but no longer resides at the property. The land around the dwelling has not been farmed since 2013 by the occupants of the farm with the land rented out to a local farmer who has his own livestock and machinery. - 3.5 The farmland, and agricultural building on it are being marketed separately by Cowley Groves Estate Agents and the land has therefore been severed from Arderry. The original occupant no longer has any connection with the dwelling, and the sole ownership of the property transferred to the applicant in 2017. The applicant confirms that there is no person now residing at the property who is employed in agriculture and there is no longer an associated farm. - 3.6 Valuation estimates have been provided by two Island estate agents, both with and without the agricultural occupancy condition on the dwelling. The shortfall between the estimated valuation with the condition remaining and without is approximately 33-60%. The applicant has not marketed or attempted to sell the dwelling.
4.0 PLANNING POLICY - 4.1 The application site is within an area recognised as being an area of "white land" (not zoned for development or any purpose) under the Isle of Man Development Order 1982. The site is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 4.2 With that in mind, there is a presumption against development in areas not zoned for such (countryside) as set out in Strategic Plan General Policy 3, Environment Policies 1 and 2 and particular policies against the development of new dwellings in these areas - Housing Policy 4 and Strategic Policy 2. - 4.3 Exceptions to these policies can be made under specific circumstances, including agricultural need as set out in Environment Policy 15 and Housing Policies 6-10, referring to agricultural buildings and dwellings. - 4.4 Housing Policy 8 explains that if approved, a condition would usually be attached to restrict the occupancy of the property to someone who was employed in agriculture. Paragraph 8.9.4 states: "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.
5.0 REPRESENTATIONS - 5.1 DoI Highway Services do not oppose the application (07.06.19).
6.0 ASSESSMENT - 6.1 The consideration is whether the dwelling is still required for agriculture and whilst the land which previously supported the construction of this house is now being sold off separately, it is still relevant in that those farming other land in the vicinity, may be in need of an agricultural dwelling close to these operations. - 6.2 Whilst estimated valuations have been provided for the dwelling demonstrating a significant increase in the value of the property is the agricultural occupancy condition ere to be removed, the property has not been marketed for sale. As the wording of the condition does not specifically relate only to the existing occupants but is worded so that persons employed or last employed in agriculture may live there. In this case, it has not been demonstrated that there is no demand from such persons for an agricultural dwelling in the area or that there is no interest from such persons in this particular property.
7.0 CONCLUSION - 7.1 On the basis that there is insufficient evidence to demonstrate a lack of agricultural need for the original occupancy condition to the removed, the application is recommended for refusal. - 7.2 The applicant is advised that if they were to market the property for a period of 6 months or more at a lower rate, affordable to agricultural workers, they could then reapply for the removal of the condition which would be further assessed on the level of interest or offers on the dwelling.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 26.06.2019 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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