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THE APPLICATION IS BEFORE PLANNING COMMITTEE FOR DETERMINATION BECAUSE THE APPLICATION IS FOR THE REMOVAL OF AN AGRICULTURAL OCCUPANCY CONDITION.
1.1 The application site is the curtilage of Arcadia, Ballagyr Lane. Arcadia is a detached single storey bungalow sat within a fairly large plot. The site is to the northern side of the highway. Also within the ownership of the applicant are Field 314301 and Field 314300. The dwelling has an agricultural occupancy condition attached which restricts the occupancy of the property to those whose employment or latest employment is or was employment in agriculture and including also the dependents as such persons as aforesaid. To the north west of the site are The Retreat and Lhergydhoo Bungalow and to the west of this is Cornerstones which is a detached bungalow.
2.1 The application seeks approval for the removal of condition 12 from PA 89/01407/B, this condition states:
C12. 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.
Note: The Planning Committee has indicated that it would be prepared to relax this condition if, after a minimum period of seven years, the applicant should have to leave the Island to take up permanent full-time job.
3.1 The following previous planning applications are considered to be specifically material in the assessment of the current application: PA 88/01857/A Approval in principle to erection of dwelling, Part of Field 1013 - approved PA 89/01407/B Erection of single storey dwelling - approved
3.2 This application was approved subject to a number of conditions including:
C12. 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.
Note: The Planning Committee has indicated that it would be prepared to relax this condition if, after a minimum period of seven years, the applicant should have to leave the Island to take up a permanent full-time job.
4.1 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Given the nature of the application it is appropriate to consider Environment Policy 1, General Policy 3, Housing Policy 8 and Paragraph 8.9.4 of The Isle of Man Strategic Plan (20th June 2007).
The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
a) Essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); b) Conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); c) Previously developed land¹ which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); e) Location-dependent development in connection with the working of minerals or the provision of necessary services; f) Building and engineering operations which are essential for the conduct of agriculture or forestry; g) Development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and h) Buildings or works required for interpretation of the countryside, its wildlife or heritage.
Where permission is granted for an agricultural 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.
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.
5.1 Highway Services do not oppose
6.1 The application seeks approval for the removal of the agricultural occupancy condition.
6.2 Approval in principle was granted in 1988 for the erection of a dwelling, the standard wording for agricultural worker conditions was attached to the approval. The applicant requested a review of the decision, stating that he felt the condition to be unfair given that he worked in the finance sector and worked on the family farm in the evenings and at weekends. The applicant made the case that if he were required to move away to work he would be left with a property that would only appeal to a few people and would be at a significantly reduced value. He suggested that a restriction similar to first time buyers be attached to the property. On review the condition was reiterated but with the added note stating that the Committee would be prepared to reconsider if after 7 years the applicant had to leave the island.
6.3 The subsequent application for full approval reiterated the condition and note.
6.4 The applicant has explained that they have owned and resided at the property since it was built.
6.5 The applicant's parents gave up farming in about 1999 and the applicant has not had any involvement in farming since, the applicant does not foresee that changing.
6.6 The applicant feels that the condition is no longer relevant to the property as they are no longer involved in agriculture.
6.7 The countryside is protected for its own sake as set out in Environment Policy 1 and only exceptionally will permission be granted outside of areas zoned for development. One of these exceptions is a) set out under General Policy 3 which is essential housing for agricultural workers who have to live close to their place of work. Agricultural workers dwellings are only approved when there is sufficient justification to override the presumption against development in the countryside.
6.8 As Paragraph 8.8.4 of the Strategic Plan indicates, 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.
6.9 The applicant has provided a letter setting out the history of the site. He states that the planning committee at the time were aware of his employment position but were supportive of allowing a replacement dwelling to be built by a young Manx person with farming connections. He indicates that the original discussion was that the property would have an agricultural use condition attached to it for a period of seven years to ensure that he did not take advantage of the concession that had been granted to make a short term profit. He adds that the land his family farmed has been split up and sold or is rented to different farms. He also refers to the removal of an agricultural condition at East Lhergydhoo even though it is still an active family farm.
6.10 On looking at the history of the site, no mention is made of the dwelling being a replacement. The application form acknowledges that the land was agricultural. Although the applicant recalls that the condition was intended to be for seven years, that is not what is
stated. At the time of the application the farm had 350 acres and was farmed by the applicant's farther and the applicant assisted, stating that he wanted to be on hand to help with heavy jobs, calving and lambing. The argument was made that there were no farm worker's properties connected with the farm.
6.11 The information provided is very limited and has not demonstrated that there is no current or long-term need for a dwelling for an agricultural worker in the locality.
7.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority, German Commissioners in whose district the land the subject of the application sits.
Recommended Decision: Refused
Date of Recommendation: 21.10.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. 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 the locality.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Committee Meeting Date : ………………
Signed : ………………………………………… Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
21 October 2014
21 October 2014
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