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Application No.: 10/01090/LAW Applicant: Gary & Christine Wilson Proposal: Certificate to make lawful the residential use of property in contravention of planning condition restricting occupancy to agricultural workers Site Address: - Ballavilley - Dhoor - Ramsey - Isle Of Man - IM7 4ED ### Considerations Case Officer: Mr. Chris Balmer Photo Taken: - Site Visit: - Expected Decision Level: - Senior Planning Officer ### Written Representations - 33 Ballaquark Douglas Isle Of Man IM2 2EY | Interest expressed ### Consultations Consultee: Lezayre Parish Commissioners Notes: The Commissioners respectfully request further and better particulars to justify the reasons for the change of use. 13.09.10 - Further to the comments made last month, the Commissioners now APPROVE this application. Consultee: Chief Fire Officer Notes:** Unable to comment as plans do not provide enough detail. Recommend the applicant consults with the Fire Safety Department.
The application seeks approval for a certificate of lawfulness to make lawful the use of Ballavilley, Dhoor, Ramsey, being in contravention of planning condition restricting occupancy to agricultural workers.
The applicants (Mr. G & C Wilson) have owned the site since the 24th August 1990.
Before the purchase they initially made a planning application for an approval in principle to erect a dwelling and new access (89/00476/A) which was refused.
Subsequently a further application was submitted for Approval in principle for establishment of horticultural unit with dwelling and outbuilding (89/01504/A) which was approved. A detailed application followed for the erection of dwelling (90/01654/B) where a condition was attached which stated:- "The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was employed in agriculture in the Island and including also the dependants of such persons as aforesaid."
Since the construction of the dwelling the applicant have lived at the property and indicated they have been operating the Island Tree and Landscaping Services Limited which is an arboriculture business. Furthermore, the registered address for the company is Ballavilley, Dhoor, Ramsey.
They indicated the company provides all aspects of arboriculture and landscaping for both the private and public sector, working with several of the IOM Government's Departments, and employs 6 full time members of staff, engaging additional staff/students during the summer months.
An approved barn (90/01250/B) was constructed on the site, this is used for the storage, maintain equipment and vehicles associated with the business. An area of land is used for the storage of timber (wood), mulch (wood chippings) and materials used for landscaping. All plants are purchased from local nurseries.
The previous planning applications (all made by applicant Mr G \& C Wilson) are considered relevant in the assessment and determination of this application:-
Alterations and erection of extensions to provide additional living accommodation - 07/01313/B APPROVED
Conversion and erection of extensions to existing garage with hobbies room over to provide self catering tourist accommodation - 05/01721/B - REFUSED
Erection of detached garage with hobbies room over - 03/00298/B - APPROVED Erection of three horse stables, Ballavilley, The Dhoor, Lezayre - 95/01464/B - APPROVED Erection of a shed to house oil tank, coal, and logs for domestic use, Ballavilley, The Dhoor, Lezayre 95/01463/B - APPROVED
Extension to provide additional living accommodation \& conservatory, Ballavilley, The Dhoor, Lezayre - 94/01408/B - APPROVED
Construction of stables, Field 160, adjacent to Clarke Villa, Lezayre - 92/00628/B - APPROVED Erection of dwelling, part Field 160, Ballavilley, The Dhoor, Lezayre - 90/01654/B - APPROVED Erection of agricultural building, Ballavilley, The Dhoor, Lezayre - 90/01250/B - APPROVED Approval in principle for establishment of horticultural unit with dwelling and outbuilding, part Field 160, Bolivia Farm, Lezayre - 89/01504/A - APPROVED
Approval in principle to erect a dwelling and new access, part field No 160 Bolivia Farm, Lezayre 89/00476/A - REFUSED
Lezayre Parish Commissioners:- "Further to the comments made last month, the Commissioners now APPROVE this application." The owner/occupier of 33 Ballaquark, Douglas has objected to the application which can be summarised as; If condition was appropriate and valid at the time of the approval it should be retained now.
The assessment of the application requires an examination of the available information in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the use has been in operation for more than ten years. Under Schedule 4 Part 1 Paragraph 3 of the Town and Country Planning Act 1999 it states that:- "No enforcement notice may be issued-
In this case the determination should be considered against paragraph (c) and the submission will require proving that the attached condition has not been complied with for 10 years (20/07/2000).
In this case the applicant has maintained a detailed record of the usage of the building as a separate dwelling which will now be considered. The evidence provided forms deeds, location plans, Rate bill, Affidavits and letters from various Government Departments supporting the applicants claim.
The next evidence which has been submitted for the certificate of lawfulness is two Affidavits from a Mr Mark Hogarth and Mr Peter Crellin.
Both state under Oath that they have known Mr and Mrs Wilson for a period excess of 20 years and that they have owner land formerly of Bolivia Farm and upon which is now erected the dwelling Ballavilley since 1990/1991. They both also state that to their knowledge and belief that either Mr or Mrs Wilson has worked in agricultural at any time during their ownership and occupation of Ballavilley and the land adjacent thereto.
A letter from A Mr J A Walmsley who is the Forestry Productivity \& Compliance Manager within the Department of Environment, Food and Agricultural. He states that he has know Mr G Wilson professionally for nearly 20 years and his tree company Island Tree and Landscaping Services Ltd has carried out work for the Forestry Directorate for a number of years. He also indicates that Mr G Wilson is a qualified tree surgeon who is well known and respected in the forestry industry.
The applicant has also submitted a rate bill for this year (2010) which indicates the property is not been rated as an agricultural unit/business but a domestic residential dwelling.
Furthermore, two letters are attached regarding from the applicant to the Treasury (Feb 2000) as for calcification for the re-valuing of the property for rating purposes from agricultural to nonagricultural.
A letter responding to this letter (Feb 2000) from the Treasury indicates that originally the property was valued as an agricultural house and garage in 1993. The letter states:-
"...At that time the agricultural valuation reflected that the occupier was to run a horticulture business and tree service, a restrictive planning condition would reinforce that point but would not be paramount. Subsequently, due to the construction of an extension, conservatory and stables the dwelling had to be re-inspected and re-valued for the rating year commencing 1 April 2000. The re-inspection revealed that there was no apparent horticultural use of the land that was attached to their dwelling, i.e. no agricultural use of the land, tree surgery not being an agricultural use/not specific to the land, and, horse not being livestock kept for consumption. The dwelling was therefore re-valued as in normal domestic occupation without the previous agricultural allowance which is specific to agricultural dwellings."
The letter goes into further detailing why the treasury considers the above, and concludes that:-
"In summation, since the originally valued in 1993, the land to which the dwelling is attached has exhibited no material signs of the type of use required in order to establish or maintain an agricultural valuation on the dwelling as per the relevant rating legislation. The agricultural allowance was therefore removed, subject to your right of statutory objection. With regard to the latter the attachment 'Basis of the Rates Calculation' indicates an outline of the points applied to a standard rate valuation prior to any allowances, such as an agricultural allowance being considered."
Overall, based on the submitted evidence and understanding of the site it is concluded that on the balance of reasonableness it has been adequately demonstrated that Ballavilley, Dhoor, Ramsey has not been used in compliance of the attached agriculture workers condition included within planning applications 89/01504/A and 90/01250/B, for a period of time in excess of 10 years between 2000 and 2010. As such, it is recommended that the application be permitted and that the Certificate of Lawfulness be issued.
It is recommended that a Certificate of Lawfulness is issued in respect of the use of the building as a separate dwelling.
Recommended Decision: Permitted
Date of Recommendation: 02.12.2010
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The submitted application contains evidence sufficient to demonstrate that the building contained within the land defined by the red line on the location plan date stamped the 20th July 2010 has been used as in contravention of planning condition restricting occupancy to agricultural workers for a period of time in excess of ten years.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made: Permitted Date: ......10/13/10 Signed: ......... Senior Planning Officer
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