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Application No.: 24/00270/B Applicant: Ballamanaugh Properties Limited Proposal: Variation of occupancy condition on 84/00082/B to allow the dwelling to be let to non agricultural tenants, guests and members of staff, for temporary periods within an overall period of five years Site Address: Tramman Ballamanagh Road Sulby Isle Of Man IM7 2HD Planning Officer: Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 16.07.2024 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. There is in the submitted application insufficient evidence to demonstrate that there is no short term or long term need for agricultural workers' accommodation at the site or locality, to further allow for the temporary derogation of the occupancy condition for the dwelling such that the dwelling could be occupied by a non-agricultural worker. As such, the proposal is considered to fail the provisions of General Policy 3, Housing Policy 8, and Section 8.9 of the Strategic Plan 2016.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site forms the curtilage of Tramman (0.45 acres), Ballamanagh Road, Sulby, which is a two storey detached property located on the western side of the Ballamanagh Road and South of Sulby Village.
1.2 The farm holding on which the dwelling belongs comprises a significant acreage and a number of buildings. On the western side of Ballamanaugh Road is Tramman, Ballamanaugh Farmhouse, Carrick Cottage with the Gardener's Cottage to the east with Ballamanaugh Gate Lodge further north on the eastern side of Ballamanaugh Road. There are further two dwellings nearby (to the south) which are not within the ownership of the applicant, Carrick Cottages/House and another Carrick Cottage. - 1.3 The dwelling which is the subject of the current application is a detached dwelling with a hipped, slated roof, rendered walls and sliding sash windows. The building has a single storey annex to the south and a small canopy porch on the front facing Ballamanaugh Road. The property currently has a planning condition which restricts its occupancy to persons whose employment or latest employment is or was employment in agriculture on the Island and including also the dependants of such persons as aforesaid and such tenancy must be subject at all times to enquiry and approval by the Committee. This was applied at the approval of the dwelling under 84/00082/B.
2.0 THE PROPOSAL - 2.1 Planning approval is sought for Variation of occupancy condition on 84/00082/B to allow the dwelling to be let to non-agricultural tenants, guests and members of staff, for temporary periods within an overall period of five years. The dwelling which is the subject of the current application was approved with an agricultural workers occupancy condition which states: "C2. The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was employment in agriculture in the Island and includes the dependents of such a person as aforesaid and such tenancy must be subject at all times to enquiry and approval by the Committee". - 2.2 The application is supported by a Planning Statement which states the following: "4.0 The Proposal and Supporting Information
4.1 Following the approval of 12/01203/C, which was proposed on the basis that the farm was at that time being managed in association with another farm and Tramman was not required for agricultural occupancy, Tramman was renovated ready for new occupation. In 2014 the previous tenancy of the farm estate ended and the new leaseholder did require Tramman so it was occupied in accordance with the original condition until 2020/21 when the lease was terminated. The requirements of this new leaseholder saw significant investment in the farm converting it to a dairy unit. That lease ceased in 2021 whereupon the farm estate was put out to tender but there was no interest in managing the farm estate so the property was occupied by a non-agricultural worker but is currently vacant. - 4.2 The whole estate is now on the market for sale either as a complete estate or in different lots, one of which encompasses the farm enterprise including Tramman as well as the Gardener's Cottage (currently occupied by the head gardener), Carrick Cottage (currently rented out) and Ballamanaugh Farmhouse (occupied by someone not employed in agriculture), The Lodge (currently vacant and is to be updated) as well as Ballamanaugh Mansion. Of the residential premises on the Home Farm only Tramman has an agricultural occupancy condition. The estate has been on the market since September 2023 and there has been some interest but no offers have been accepted. - 4.3 An update to the report provided for the 2012 application has been prepared and is attached to this application. The conclusion of this is that:
2.3 The application is also supported by an Update to the Agricultural Appraisal Produced in 2012 which gives insight into the Labour requirements and functional need assessment for the Ballamanaugh Home Farm, details of 2021 Re-Letting of the dwelling, functional need of the dwelling, and occupancy details of the existing dwellings on site.
3.0 PLANNING POLICY - 3.1 Site Specific:
4.1 The application site has been the subject of the following previous planning applications which are considered relevant in the determination of this application. These include the following: - 4.2 An Approval in Principle under PA 83/1463/A was approved for the erection of a dwelling and garage on the 9th December 1983 subject to a number of conditions, one of which stated: "The proposed dwelling must be retained as part of the agricultural holding as defined in the submitted plan and must not be sold or let off separately, to the satisfaction of the Planning Committee." - 4.3 PA 84/00082/B detailed application which followed the approval in principle was submitted and approved for the erection of a dwelling and garage subject to a number of conditions, two of which stated:
4.4 PA 07/00216/B for Removal of agricultural workers condition on dwelling was refused in 2007 by the Planning Committee and at Appeal. The Appeal Inspector whilst reviewing the application was critical of the Planning Authority who at that time required any applicant who wished to remove an agricultural condition attached to an agricultural workers dwelling, to put
the dwelling on the free market at a discount of between 25% and 30% of the market price, for a period of at least 6 months.
4.5 PA 08/00958/B for Removal of agricultural worker's tie was submitted and approved by the Planning Committee on 14 August 2008. The main issue considered was whether it had been shown that the long-term need for dwellings for agricultural workers in the locality no longer warranted reserving the dwelling for occupation by such a person. This application was also the subject of an Appeal where the following conclusions were reached:
4.5.1 Inspectors Report: "Terms of Condition 8
continued use of land) without complying with a condition subject to which a previous planning approval was granted. In this instance the effect of such an approval would be the same as "remove planning condition 8", but it is appropriate to word the approval in accordance with the Act - hence the wording of the recommendation below. It is also necessary to ensure with this type of approval that all the other conditions attached to the previous approval are reimposed.
Recommendation
4.6 PA 10/01350/C for Removal of agricultural workers occupancy condition from dwelling was refused by the Planning Committee in March 2011. The application was refused for the following reason: "There is in the submitted application insufficient evidence to demonstrate that there is no further need or long term need for agricultural workers' accommodation in this locality." - 4.7 PA 12/01203/C for Variation of agricultural worker's condition to allow dwelling to be let to non-agricultural tenants, guests and members of staff for temporary periods was approved by the Planning Committee in November 2013.
6.13 The approach to allow for a temporary derogation is intended to allow for the use of the dwelling for a non-agricultural worker whilst the dwelling is not needed by a farmer, but help retain the dwelling should the need arise. This would mean that the impact on the countryside of built development would remain neutral. Such an approach would also help meet the intention of the policy to keep buildings available for long term need.
6.14 As stated earlier, this approach has not been used previously, in the Isle of Man or England and thus has not been tested, but this should not be a reason to not agree to it. - 6.15 The terms of the legal agreement allow for use for 10 years unless a clear need arises locally for an agricultural worker. The means to test whether there is a need for a dwelling for a worker would be assessed in similar ways to applications for new dwellings. Although it may be difficult for the Planning Authority to gain knowledge of need, this normally comes to light when an application for a new dwelling is submitted. What the agreement will ensure, is that no further applications for dwellings are likely to be submitted for this farm whilst the agreement is in place. The reason that 10 years is considered reasonable is that the property now needs some work carried out to improve it which would not be cost effective if the period of time was 2 or 5 years, and in any case would be shorter if a need arose."
Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the proposals are accessed off a low traffic low flow rural lane (15 March 2024). - 5.2 DEFA Inland Fisheries have no objections to this development from a fisheries perspective (8 April 2024). - 5.3 Lezayre Parish Commissioners support the application subject to the house being tied to the farm and never to be separated from it (5 April 2024).
6.1 The fundamental issue to consider in the assessment of the application is whether it is acceptable that the property should continue to be used by a non-agricultural worker for a period in excess of the 10 years initially allowed under PA 12/01203/C, noting that the property still sits in the countryside where agriculture remains the dominant activity, and noting the unending demand for new agricultural workers dwellings on the island as evidenced in the continuous demand for new agricultural workers dwellings on the north of the island where the dwelling sits. - 6.2 The view that the current labour requirement and the possible fragmentation of the farm would not justify the continued use of the dwelling for the existing farm operations at the site holds less weight here as has already been established in previous applications for the site that justification needs to be made that there is no further need or long term need for agricultural workers' accommodation in this locality, which implies need beyond the application site. The comments made by the applicants in their Planning Statement that the property was not actually occupied by non-agricultural workers from 2014 to 2021 (as was originally intended under PA 12/01203/C) with a non-agricultural worker occupying the dwelling from 2021 until recently further points to the extant need for agricultural workers dwellings in the immediate locality and this part of the island. - 6.3 Further to the above, the applicants rely on the basis that the letting requirements of those renting the main farm which have no need of the agricultural dwelling as proof that there is no agricultural need for the property, without any evidence to show that the dwelling has been offered to other farmers not operating the current farm for purchase or rental, and this is a key failing of the scheme, given that it fails to take cognisance of the fact that there needs to be proof that the existing rental arrangements at the farm make it suitable/affordable for a person solely or mainly working, or last working, in the Isle of Man in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants, who may not want to purchase or rent the dwelling. - 6.4 Likewise, the proposal does not consider the fact that opportunities for consolidation of existing farm holdings and need for the dwelling support farm operations without the site still exists, as was noted in Paragraph 7.2.4 of PA 21/01444/B, where a basis for refusal was that the farmer operated a number of farms, some of which have had the benefit of agricultural workers dwellings and for which no argument has been advanced to indicate why these dwellings which should be attached to these farms are not available to the applicant (See extract below):
difficult to argue that a new agricultural workers dwelling be provided to serve these farms, which have had the benefit of agricultural workers dwellings and for which no argument has been advanced to indicate why these dwellings which should be attached to these farms are not available to the applicant or why these farms should benefit from the provision of an additional agricultural workers dwelling as required by part (e) of Paragraph 8.9.3 of the Strategic Plan, considering the fields and farm buildings on these sites are available to the applicant for their farm business and form the core of their operations."
6.4 As well, the scheme appears to be premature as it seems to speculate on future severance of the site, without actual evidence to show that this has occurred or why this has occurred in line with Paragraph 8.9.3 (a, b and c) of the Strategic Plan which sets the basis to allow for the erection of new agricultural workers dwellings in the countryside by stating thus: "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 smallholdings, market gardens, or horticulture. Given the above, it is not considered that the scheme has also considered other unproven agricultural enterprises which may have need of the existing farm dwelling on site, and ensure its continued support for agricultural production or related rental provisions on the island. - 6.5 It is also important to note that the approval under PA 12/01203/C which allowed for the temporary derogation of the dwelling such that the dwelling could be occupied by a nonagricultural worker whilst the dwelling is not needed by a farmer is a deviation from the basis for assessing such applications and this was noted in the officer report (Paragraph 6.13), with the basis for allowing such use hinged on the fact that the impact on the countryside of built development would remain neutral, with the approach helping to meet the intention of the policy to keep buildings available for long term need. This was supported by a Legal Agreement for a 10 year period, as the property needed some work to be carried out to improve it which would not be cost effective if the period of time was 2 or 5 years. With the current scheme, there is nothing within the application or supporting documents to demonstrate that there is currently no agricultural need for the dwelling to support farm operations in the locality or north of the island. Besides, the 10 year period was allowed to ensure that the works on the dwelling were cost effective, and there is nothing provided to indicate that the works were not cost effective within the 10 year period where the dwelling was occupied by both agricultural and non-agricultural occupants, such that an extension of the timing would justify costs that were required to make the dwelling habitable. - 6.6 Further to the above, there have been recent planning applications for the erection of agricultural workers dwellings in the north of the island since the application to allow the use of the dwelling at Tramman by non-agricultural workers in 2013, which points to the existing need for agricultural workers dwellings in the north. As such, it is not considered that the current proposal is justified. - 6.7 Given the issues highlighted above, it is considered that the application as submitted does not provide a satisfactory case, nor does it indicate that there is no short or long-term need for a dwelling with an agricultural occupancy condition at this location. As such, the justification for the proposed development is insufficient to satisfy General Policy 3, Housing Policy 8, Paragraph 8.9.4, and Section 8.9 of the Strategic Plan.
7.1 It is, therefore, considered the proposal to further allow for the temporary derogation of the occupancy condition for the dwelling, such that the dwelling could be occupied by a nonagricultural worker is unacceptable for the reasons given within this report, and it is recommended the application be refused. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 24.07.2024 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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