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The application site forms the curtilage of Tramman (0.45 acre), Ballamanagh Road, Sulby. It is a two storey detached property located on the western side of the Ballamanagh Road and south of Sulby Village.
The site has been zoned under the Isle of Man Development Order 1982 as being within an area of 'woodland'; the site is not within a Conservation Area but is within an area of high landscape value or coastal value and scenic significance.
Planning Circular 3/88 - New Agricultural Dwellings – Paragraph 6
Erection of a dwelling, field 1774, Ballamanaugh, Sulby, Lezayre (84/00082/B) – APPROVED Approval in Principle for the erection of a dwelling and garage (83/1463/A) - APPROVED Extension to form orangary, Ballamanaugh, Sulby, Lezayre (85/01183/B) - APPROVED
The application proposes the removal of agricultural workers condition.
Lezayre Parish Commissioners have objected on the grounds that:-
> No reasons are given for the fact that the house is no longer required as an agricultural dwelling. We still receive planning applications for such dwellings.
Highways Division:-
> Do not oppose
S.P.M.C. & E:-
> Built (and approved) as a Farm Manager’s House, why is it no longer required by the Estate? > This is not really made clear and there are no details of what is to become of the farm.
> No evidence of attempts to sell at a suitably discounted price. Therefore we Strongly Object.
> It is noticed that we still get applications for farm worker’s dwellings in Lezayre and other northern Parishes, so it cannot be argued that there is no demand if the price is right.
The IOM Water Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
Mr Jessop has commented on the planning application, which can be summarised as, no objection to this application on the basis of the submitted evidence.
An Approval in Principle (83/1463) was approved for the erection of a dwelling and garage on the 9th December 1983 subject to a number of conditions, one of which stated:-
A further detailed application was submitted (84/82) which was approved for the erection of a dwelling and garage subject to a number of conditions, two of which stated:-
The Government practice is for the property to be put on the property market at a reduced sum of between 25% and 30% for a period of at least 6 months. The submission states that the property was advertised for rent in addition to being available for purchase, "price on application" in order to explore all options to ensure continued occupation and maintenance of the house. The Agent for the Applicant states that the "the property was originally estimated as having a calendar monthly rental value of £950, (including rates), with the tie attached. Without the agricultural condition it was estimated that it would have been £1200. The difference would therefore be in the region of 80% of the actual market value and this would have been reflected in any final property valuation. No interest was however expressed as a result of the Condition and therefore no price was fixed since this would have been open to negotiation".
The agricultural dwelling has been advertised for sale since the 16th March 2006 by Island Properties on a "price on application basis". The sale advertisement did state that the property was for agricultural workers only. The estate agents have advised that there has been no interest in the property with the exception of people that may by suitable tenants but do not have an agricultural background.
Planning Circular 3/88 - New Agricultural Dwellings is the relevant policy when considering this application. Paragraph 6 of this Circular state:-
Where permission is granted for an agricultural dwelling, the following condition will be attached:-
The occupation of the proposed dwelling(s) 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.
Such a condition will not usually be removed on subsequent application 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.
Richard Lole the Authorities Agricultural Adviser has stated that a typical annual income from employment in agriculture would range from £12k-28k depending on responsibility, with most at the lower end. However it is also important to acknowledge that a farmer could look to purchase a property of this nature and their profits would range from considerable deficits to occasionally £80k, with a typical range of probably £10k - £35k.
A similar application 06/01343/B (Removal of a agricultural tie on property – Shady Moar, Shore Road, Glen Maye) was recently refused at appeal. The application was offered for sale for a period of at least six months; however the advertised valuation of the property was not discounted to take the agricultural tie into consideration and therefore the application was refused on the grounds that:-
There is in the submitted application insufficient evidence to demonstrate that there is not in the area around the site an existing or foreseeable demand for workers' accommodation.
The Appeal Inspector stated that:-
"The policy for removing such a condition is set out in paragraph 6 of Circular 3/88. It must be shown that the long-term need for accommodation for agricultural workers, both on the
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