12 August 2013 · Development Control Manager (Miss J Chance)
Baldromma, Jurby Road, Lezayre, Ramsey, Isle Of Man, IM7 2eb
The site is Baldromma, a large detached bungalow on Jurby Road, Lezayre, on the western outskirts of Ramsey, accessed via a private track serving a former farm. The proposal sought a Lawful Development Certificate (LDC) to confirm that occupation by non-agricultural workers has been continuous for over 10 years, breach…
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A Lawful Development Certificate requires the applicant to demonstrate, on the balance of probabilities, continuous breach of the agricultural occupancy condition for at least 10 years, with precise a…
unanimous approval
DEFA Agricultural Records provided a response confirming no evidence of an Agricultural Return from the address and explaining that agricultural ties on farm workers dwellings are not recorded in returns.
DEFA Agricultural Records
No CommentI have searched our records and can find no evidence of an Agricultural Return having been submitted from your address.; any return would have been submitted from the main farm address.; an 'agricultural tie' ... relates to a farm workers dwelling, which would not be associated with a return in its own name; There would be no record of dwellings associated with an agricultural business
The original 1970 approval for the dwelling included a condition requiring occupancy by a farm worker or person engaged in agriculture, subject to Planning Committee approval. The appellant sought removal of this condition after ceasing farming due to ill health, arguing the farm unit no longer exists, the house is unsuitable for a farm worker, it has failed to sell despite price reductions, agriculture is in decline, and policy allows flexibility. The Planning Committee defended retention citing ongoing local need per Circular 3/88, recent approvals of agricultural dwellings, and insufficient marketing at an appropriate discount. The inspector concluded that while the market is small, evidence of recent interest showed the sale story was not yet complete, making removal premature, and declined to modernise the condition against appellant wishes. The appeal was recommended for dismissal.
Precedent Value
Demonstrates strict application of Circular 3/88 requiring robust evidence of no local agricultural need and proper open-market testing at discounted price before releasing occupancy conditions. Future applicants should prioritise locality-wide data, extended marketing at 30%+ discount, and consider accepting modernisation to broaden pool.
