00/00648/BApproved
Creation of new access to field
14 April 2014 · Committee
Grenaby Farm, Grenaby, Ballasalla, Isle Of Man, IM9 3bd
The farm covers approximately 17 hectares and includes the main farmhouse, garaging, and a converted outbuilding cottage. The applicant indicated she had never been employed in agriculture or received agricultural income during her time at the property, and that an informal grazing arrangement with a neighbouring farmer was in place simply to manage grass levels. The site sits in countryside designated as whiteland under the Area Plan for the South 2013, where new development is tightly controlled. The Isle of Man Strategic Plan 2007 (paragraph 8.9.4) sets a high bar for removing agricultural ties, requiring evidence that the long-term need for agricultural worker housing — both on the farm and in the locality — no longer justifies reserving the dwelling. The committee, following the officer's recommendation, found that this evidence had not been provided and refused the application.
The application was refused because the applicant did not submit sufficient evidence to demonstrate that the farmhouse is no longer needed for occupation by an agricultural worker on the Island. Under Isle of Man Strategic Plan policy (paragraph 8.9.4), an agricultural occupancy condition should not normally be removed unless it is shown that the long-term need for such housing, both on the farm and in the wider locality, no longer exists. That test was not met here.
Refusal Reasons
Spatial Policy 5
New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
General Policy 3
General Policy 3: 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 land (1) 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; and where the development proposed would result in improvements to the landscape or 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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Housing Policy 7
New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.
Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 8.9.3 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 small - holdings, market gardens, or horticulture; (d) the extent to which the applicant's employment in agriculture is only part-time; and (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm.
Housing Policy 8
Housing Policy 8: 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. 8.9.4 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. 8.9.5 If it is not possib le for the farm worker to live in the nearest village, the siting of the proposed dwelling should be selected having regard to the various landscape policies in Chapter 7. In particular, the dwelling should self-evidently form part of the farm group.
Paragraph 8.9.4
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.
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. 8.9.4 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.
Paragraph 8.9.2
Approval in principle to demolition of existing building and erection of a new farmhouse, garages, farm office and associated outbuildings
Demolition of existing and erection of new farmhouse
Demolition of dwelling, erection of a new dwelling and renovation of barn
Conversion of barn into dwelling and garage
Erection of a new farmhouse and alterations and provision of new agricultural buildings
Creation of new access to field
Conversion of existing barn into a dwelling