Refusal Notice 07/00498/A
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Dave Luton Design Engine House Studio Agneash Lonan Isle Of Man IM4 7NS
In pursuance of powers granted under the above Act and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:
Name: Mr J Taggart Proposal: Approval in principle for the erection of an agricultural workers dwelling at: Part Of Field 432558 Glashen Farm Castletown Road Ballasalla Malew
which was considered on 3 May 2007, for the reasons set out below.
Date of Issue: 4th May, 2007
Murray House Mount Havelock Douglas Secretary Planning Committee
Reasons For Refusal:
- There is no evidence provided in the application to justify an additional dwelling on this holding on the basis of agricultural need. Whilst the farmer may be considering retirement, it is clear that the farm will be tenanted out or sold and as such the retiring farmer is not required still to be involved in the running or the farm or to reside anywhere on or near to it.
- Notwithstanding 1 above, the proposed siting is some distance from the farm buildings and whilst connected to the top of the farm lane by a long and very contrived access drive is not accepted as being part of the farm. As such the proposed siting fails to accord with the guidance of Planning Circular 3/88 and could easily be occupied or sold off separate from the farm, contrary to the provisions of the Circular and the Department’s general policies on development in the countryside.
NOTE 1. It is disappointing to note that pre-application advice which was sought on this development and provided by way of letter dated 19th June, 2006 which advised against this choice of site and which suggested that a full case demonstrating agricultural need should be submitted with any planning application, has largely been ignored.
This decision was made by the Director of Planning and Building control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005
The decision contained in this notice does not become final until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;
Whichever is the later.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department’s website www.gov.im/dlge/planning/plan
A copy of the Officer’s report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
Applicant/Agent