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15 Cherry Walk, Douglas, Isle of Man, IM2 5NP. 31 December 2020
Planning and Building Control Directorate, Dept. of Environment, Food and Agriculture, Murray House, Mount Havelock, Douglas, IM1 2SF.
I am submitting this letter as a supporting background statement to a completed Application for a Certificate of Lawful Use or Development.
I am an interested party being a prospective purchaser of the property, the subject of the application, which I am making in my name.
The application relates to the operation of condition number 4 in Planning Approval 85/00909 in respect of use of a bungalow developed on Cooil Roi Farm in the 1980s, (hereinafter referred to as 'the bungalow').
The owners of the property, Redacted and Redacted , 1 Kingsway, Whitchurch, Shropshire, SY13 1EH, are aware of and have an interest in this application.
The bungalow in question is a dwelling house erected on Cooil Roi Farm, the farm overall comprising agricultural farmland and several buildings situated to the North and West of Barroose Road, Baldrine (postcode IM4 6AP).
The farm in total comprises 90 acres of land, the bungalow, and separately to the South West of the bungalow is located a workshop and 2 lean-to type barns.
The bungalow, workshop and barns are accessed from Barroose Road via a shared lane, leading to both Cooil Roi Manor House, (not part of Cooil Roi Farm legally nor in ownership), and Cooil Roi Farm itself, with separate access off to the bungalow and other farm buildings respectively.
The ownership of the bungalow at Cooil Roi Farm and the adjoining farmland of 90 acres in total resides with two brothers, both resident in the UK - Redacted and Redacted
Erection of the bungalow at Cooil Roi was originally the subject of a planning application (reference 85/00909) by Dave Luton Architects in 1985 on behalf of the then owner of Cooil Roi Farm, a Mr Redacted grandfather of the two brothers and who was a retired haulier, resident at Ballaragh in Lonan.
The bungalow comprises 4 bedrooms, 2 bathrooms, lounge/diner, kitchen and double garage and is of conventional cavity block construction with stonework facing and roofed in dark concrete tiles.
Construction of the property was understood to have begun in 1987.
The bungalow is now in a relatively poor state of repair (new roof and other remedial works required) while the other buildings situated on the farm ie 2 barns are in a state of near collapse and the workshop is similarly in a poor state of repair.
Planning approval 85/00909 and proposal for change
The approval 85/00909 contained a number of conditions, condition 4 imposing a restriction to use of the dwelling house by agricultural workers.
It reads: 4. 'The occupation of the proposed dwelling must be limited to persons whose employment or latest employment is or was employment in agriculture on the Island and also including dependents of such persons as aforesaid and such tenancy must also be subject at all times to enquiry and approval by the Committee'.
Based on the following outline which describes the current circumstances of the bungalow, by reference to the owners and their estate agents, it is possible to demonstrate that the bungalow has NOT been occupied or utilised as a dwelling for agricultural workers and that this has been the case for a period in excess of 10 years to the present day.
This is evidenced by the contents of a sworn affidavit produced by the owners.
The Planning Department is therefore respectfully asked to consider releasing condition 4 to enable a change of use to the property comprising the bungalow, with the intention that it can be sold and used as a residential dwelling house with the agricultural worker restriction removed.
It is intended that the proposed purchase will also encompass 2 adjoining fields (numbers 612676 and 612677) totalling 17 acres, leaving the balance of some 73 acres to be potentially disposed of by sale to neighbouring farmers by the current owners.
Additional background
The present owners of Cooil Roi Farm currently comprising the bungalow, 2 barns, workshop and 90 acres of land are two brothers - Redacted and Redacted - who gained title to the property on 11 May 2010 from their grandfather, Redacted while aged in their early twenties.
Neither of the two brothers have lived in the bungalow since acquiring title in 2010 nor had they agricultural experience nor sought to work the land or farm at Cooil Roi.
Indeed, both brothers relocated to the UK while they were still children, in 1987.
In December 2011, when their grandmother passed away, the two brothers decided to put the entire farm estate including the empty bungalow on the market for sale in Summer 2012 with local agents Deanwood, where it remains on their books to this day at an asking price of £1,050,000, having been originally advertised at £1,250,000.
Occupation of the bungalow following death of their grandmother in 2011 has since been via the local property rental market by which the bungalow has been let out via their estate agents.
The owners have prepared a sworn affidavit as to the facts that not only has occupation of the bungalow by their grandmother for several years up to 2011 not met the agricultural condition, but at no time has the property been conditioned or restricted during its letting out for occupation by agricultural workers and
therefore it has been occupied since only by persons who have no agricultural connection with the Cooil Roi Farm, or any relevant farming background during the past 10 years.
Meanwhile, it is also the case that from time to time over the same period, various parts of the farmland have been the subject of independent casual let to adjoining farmers for grazing purposes, thus the utilisation of the land has over this period been effectively divorced from the use and tenanting of the bungalow and this could effectively continue until the balance of the land is sold, irrespective of the use or sale of the bungalow.
In July 2020, a decision was made by the owners that after 8 years absence of a buyer for the whole of the estate comprising the Cooil Roi Farm, that the bungalow might be disposed of separately and potentially with a parcel of land, (an area which is easily naturally separable from the remaining farmland with its workshop and barns), leaving the latter potentially available for purchase by adjoining farms.
It was estimated that the bungalow could attract a purchase price in the order of £550,000+ enabling the balance of land and buildings to be sold for £450,000+, broadly in keeping with the asking price of £1,050,000 attached to the whole of the estate.
A potential buyer (ie Redacted , the undersigned and his wife) for the bungalow together with 2 fields (numbers 612676 and 612677) was identified in July 2020 and was proceeding to completion of purchase during November 2020, but for last minute discovery of the agricultural worker planning condition by Bridson and Halsall Advocates on behalf of the prospective purchaser on 2 November.
The matter has since been the subject of discussion between the prospective purchaser and his advocate via a meeting with Senior Planning Officer (Sarah Corlett) on 3 November who advised that a case on evidence might be made to the Planning Department for change of lawful use by way of removal of the restrictive condition.
The prospective purchasers, (ie Redacted and his wife) have, in Mrs Redac, an experienced former agricultural and horticultural worker in the family who more particularly wishes to acquire the bungalow as an unencumbered dwelling house and the aforementioned 2 fields for keeping animals and hobbyist smallholding use.
Thus it is our desire to complete on the purchase of this part of the property with an associated portion of adjoining land that has given rise to this planning submission and in order that we might complete the sale of our existing residence at 15 Cherry Walk to buyers who are also awaiting resolve of this.
Attached is a completed application form in triplicate, relevant plans and original sworn affidavit from the current property owners as part of the documents intended to support the case.
The Planning Department is therefore respectfully asked to consider the application and to determine if a decision to permit the intended use can be established and thus enable a sale to proceed of the property to Redacted for use as a normal residential dwelling house.
Yours faithfully, Redacted
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