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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. ## 4.7 Paragraph 8.9.2, Agricultural need should be established having regard to: a) What living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and b) Who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm. #### 5.0 Consultations
5.1 Highways Division do not oppose
5.3 The owner/occupier of Glebe Cottage, Kirk Maughold comments on the process of searches within the Government and feels that the system has failed.
6.1 Approval was granted for the erection of a replacement farmhouse under PA 93/00286/B after three previous refusals PA 88/04091/B, PA 87/04154/A and PA 89/01536/B. 6.2 Planning application 93/00286 was for the erection of a replacement farmhouse which was approved, the following condition is of relevance:
C1. The occupation of the proposed farmhouse must be limited to persons whose full time employment or latest employment is or was employment in agriculture in the Island and including also the dependants of such persons as aforesaid. 6.3 The applicant purchased the property in January 2005 and was not aware of the agricultural occupancy/condition which was attached to the farmhouse. The applicant has indicated that she has never been employed in agriculture or received an income from agricultural activities during the period that she has lived there. 6.4 The applicant has indicated that the property was put on the market in 2008 after the breakdown of the applicant's marriage. There were a number of price reductions on the property and an offer was made in 2013. Information regarding the property and price reductions has not been submitted with this application. 6.5 The tie came to light when the purchasers advocate carried out a search on the property, this came back with no conditions, but they then carried out further checks and the condition was attached to the approval and was visible on the microfiche. 6.6 There are no specific policies in the Strategic Plan relating to the removal of agricultural occupancy conditions. There are policies which relate to the erection of agricultural workers dwellings which have been provided in "Development Plan Policies" section. Paragraph 8.9.4 is considered to be specifically relevant and 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."
6.7 The previous applications on the site relate to the erection of the new farmhouse and also for the conversion of the outbuildings. None of the previous applications are for the removal of the agricultural occupancy condition. 6.8 Historically an approach to test whether there was agricultural need for a residential property was to offer the property for sale for a period of 6 months at a reduction. However, whilst this may have been appropriate in years gone by, when there were a larger number of smaller agricultural units, dwellings were often smaller and far cheaper, it is not considered that this approach readily tests whether there are agricultural workers nearby who are in need of accommodation, or whether a farm may need a property in the 'long term' (which is the test set out in Paragraph 8.9.4 of the Strategic Plan). 6.9 Given the absence of adopted policy on this matter it is helpful to consider previous appeal decisions for the removal of agricultural ties and look at the different approaches taken by the Inspectors. 6.10 In the case of PA 11/00908/C - Norfolk Nurseries, Greeba - the Inspector stated that a 'sustained and realistic marketing campaign is required targeting those that might comply with the condition'. No information has been provided regarding the marketing campaign of the property, but it has not been advertised as having an agricultural tie.
6.11 As members may recall in the case of PA 07/00216/B - Tramman, Ballamanaugh Road The Inspector want on to say "I find the Planning Authority approach to this case confused, and a proper focus on the test of need has been diverted by an arbitrary and apparently well known qualification of that test by requiring an offer for sale or rent at a discount of of the market price. There is no support for such an approach. The policy requires the test of there being no further long term need for accommodation to be demonstrated." 6.12 In the case of PA 08/00463 - The Mines House, Abbeylands - The Inspector suggested that marketing should commence at a low base. If multiple offers are received then the price can be raised, effectively until there is a "winning bid". This is not the approach taken in the application. 6.13 The erection of an agricultural dwelling is an exception to development in the countryside as set out in General Policy 3, and therefore it was appropriate to ensure that the dwelling remained available for future agricultural workers. In summary Paragraph 8.9.4 goes on to say that such conditions will not usually be removed unless it is demonstrated that there is no long term need for dwellings for agricultural workers and that the dwelling no longer needs reserving for that purpose. 6.14 There has been no information provided demonstrating that there is no longer a need for agricultural dwellings in this locality or the surrounding area in general. It would not appear that the property has been advertised with the agricultural occupancy condition at a price achievable to an agricultural worker. As mentioned above such conditions will not usually be removed unless it is demonstrated that there is no long term need for the reservation of the dwellings for this purpose. 6.15 The applicant has stated in the information provided that she has never been employed in agriculture and has not received an income from agricultural activities during her residence at the property. Whilst the applicant may not be involved with agriculture and the site is no longer a working farm there is approximately 17.08 ha of land within the red line on the location plan and is still available to the wider agricultural community. The occupation of the dwelling by an agricultural worker could avoid the need for a new agricultural dwelling elsewhere.
PA13/91442/C Mrs Catherine Tate Removal of an agricultural tie, Grenaby Farm Grenaby Ballasalla Isle Of Man IM9 3BD Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 09.12.2013, includes;
Dev Control Polygons: Reference Number: 05/00217/B Status: Permitted Proposal: Conversion of existing barn into a dwelling Reference Number: 93/00286/B Status: Permitted on Review Proposal: Erection of new farmhouse and alterations \& provision of new agricultural buildings, Grenaby Farm, Malew. Reference Number: 88/04091/B Status: Refused Proposal: Demolition of existing and erection of new farmhouse, Grenaby Farm, Malew Reference Number: 00/00648/B Status: Permitted Proposal: Creation of new access to field Reference Number: 13/91442/C Status: Pending Consideration Proposal: Removal of an agricultural tie Reference Number: 87/04154/A Status: Refused Proposal: Approval in principle to demolition of existing building and erection of new farmhouse, garages, farm office, and associated outbuildings, Grenaby Farm, Malew. Reference Number: 89/01536/B Status: Refused on Review Proposal: Demolition of dwelling, erection of new dwelling and renovation of barn, Grenaby Farm, Malew. Reference Number: 92/00891/B Status: Permitted Proposal: Conversion of barn into dwelling and garage, Grenaby Farm, Malew.
BC Case Polygon: Reference Number: 05/07038/DEX BC Case Status: Building Work Complete Proposal: Conversion of existing barn into cottage Reference Number: 97/07411/OTH BC Case Status: Building Work Started Proposal: Farm Barn Reference Number: 94/07483/DOM BC Case Status: Building Work Complete Proposal: Dwelling. Reference Number: 93/07296/OTH BC Case Status: Plans Approved Proposal: New septic tank and sanitary fittings
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