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This application relates to a detached dwelling, Three Acres, Ballafreer Lane, Union Mills.
The dwelling was granted permission in 1979 with the following conditions:
'This permission is in respect of one dwelling only on the whole of the site, which shall form part of the agricultural holding to which the dwelling shall be tied and from which the dwelling shall not be sold or let off separately without the Committee's permission.'
'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 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.'
The proposal is to remove this agricultural workers condition from the dwelling.
The agent has stated that the applicant has only 17 acres currently under his control and 14 acres of that has been sublet to a farmer for sheep grazing leaving just three acres. The original approval was under PA 48075 and the detailed under PA 48788 with the same conditions. The agent claims that a note under the recommendations from the then Chief Architect and Planning Officer at the time that 'There appears to be a reasonable case for approving this application but this cannot be tied to farmland in the usual sense.' suggests there were doubts whether the condition was appropriate in this case. The condition was attached and therefore considered to be appropriate. The agent claims that since the applicant was only ever involved in part-time hobby farming and had a fulltime job at Ballamona hospital from 1979 to 1994 the house has never been occupied by a full time agricultural worker and that with a total of 17 acres it would be completely unviable as an agricultural unit. The applicants have no intention to sell or leave their home but this action is to rationalise the situation.
The agent quotes a decision by the Minister regarding PA01/02692 on Appeal which argued that a dwelling not used as farmworkers accommodation since 1991 had established permanent accommodation and legal action to enforce the condition would be unlikely to succeed. He states that the use of the dwelling as a permanent occupation for a non-farmworker has been established.
| Application No.: | 05/00654/C |
| Applicant: | Mr & Mrs Ronald Herbert Cain |
| Proposal: | Removal of agricultural workers condition from dwelling |
| Site Address: | Three Acres Ballafreer Lane Union Mills Isle Of Man IM4 4AS |
The occupier of the dwelling is the same person who applied for the house initially. A letter form the DAFF at the time stated that he was very active in the agricultural industry, that he ran a dairy herd, sheep and a small contractiung service for otyher farmersand that he intended to continue his flock of 50 ewes on his own 30 acres and expand his agricultural contracting work. They have advised that the director of Agricultural Services received a letter from Mr. Cain dated 5th April 2005 stating that he had retired from part-time farming on31st March 2005 and before this date he was in receipt of Agricultural June Returns Form and other mailings from the Department.
It appears that Mr. Cain was in agricultural employment when he applied for permission for the house and did not object at the time to the agricultural workers condition. There is some evidence to indicate that he has continued to be employed in agriculture to some extent until March of this year. It is likely therefore that he complies with the condition that he be employed, or last employed in agriculture, and therefore there would be no reason to remove the condition on the grounds that it had never been complied with. There has also been no attempt to show that the property is no longer required for an agricultural worker since the owner wishes to continue to live there and has made no attempt to market the property. The property is still in occupation by a person last employed in agriculture (albeit part-time at the time of his retirement) and the condition should remain.
Recommended Decision: Refused
Date of 08.07.2005
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
R 1 . The Planning Committee is not persuaded that sufficient evidence has been produced to indicate that the agricultural condition has not been complied with since the house was erected and no evidence has been submitted to indicate that the property is no longer required for occupation by an agricultural worker or person whose latest employment is or was in agriculture in the island. Accordingly the removal of the agricultural workers condition is insufficiently justified.
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