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RECEIVED ON 15 OCT 2013
When the initial application was approved in 1979 the agriculture dwelling was not connected to an existing farm holding, nor did permission include the creation of a new farm holding which may have included agricultural barns, hardstanding etc.
When the application was granted for the dwelling, we had a total of 3 acres (application site) and a further 22 acres on the hills above the Baldwin Reservoir which we rented. We did not own or rent any further land. This acreage remained the same until 1984 and 1985 when the land (17 acres) adjacent to the dwelling become available which we purchased and used for the training of sheepdogs competing in sheepdog trials. When we applied for the dwelling, we did not apply for a dwelling with an agricultural tie attached. This was subsequently added as a condition of the approval by the Planning Department.
We rightly or wrongly assumed that as the Planning Department had considered the planning application against the policies of that time; knew of our reasoning why we wanted a dwelling; the fact the dwelling was not situated near to the main parcel of land which we rent at that time, and that the dwelling was not forming or serving an existing/proposed farm holding, therefore the dwelling was not truly for an agricultural worker.
An argument could be made that we did not need take up the permission with the condition attached. However, at that time we had little option given we had been given notice to leave the Ballavargher Estate which we had lived and farmed for many years. Also, we believed that given permission had been given by the Planning Department that we compiled with the relevant policies of that time and the reasons why we needed the accommodation, albeit no longer involved heavily in agriculture.
Following recent discussions with the Planning Department we have had the opportunity for the first time to see the Planning Officers Report in relation to our application (0500654/C) for the removal of the tie in 2005. An argument is made by the Planning Officer at that time that DAFF (now DEFA) had indicated to the Planning Department when the application for a dwelling was initially considered in 1979 that Mr Cain was very active in the agricultural industry, that he ran a dairy herd, sheep and a small contracting service for other farmsteads and he intended to continue his flock of 50 ewes on his own 30 acres and expand his agricultural contracting work. Whilst this was correct at that time (i.e. when we operated Ballavargher Estate), once we left the estate a large amount of agricultural activity which Mr Cain undertook ceased as he no longer had the land or equipment. We did indicate to the Planning Department that we had a small parcel of land above the Baldwin Reservoir, a number of miles away, which Mr Cain hoped to continue his small flock, but this was the extent of his farming activities at that time. This was certainly not a full time job and more of a hobby, and this was very evident to us when we both had to find new jobs (Mr Cain worked at Ballamona Hospital as a gardener) soon after the dwelling was completed, given the small income generated by the flock of sheep. For these reasons it is our view, that the dwelling was never granted permission to serve a justified agricultural
workers dwelling. From discussions with the Planning Department now, it is evident if we had asked for the dwelling now based on the siting and agricultural justification then it would be very unlikely permission would be granted due to the lack of agricultural justification. In turn this would further support our view that the dwelling we gained permission for never justified an agricultural dwelling nor every used as such. Consequently we are of the opinion that it is difficult to argue the dwelling no longer has a long term agricultural need given there never was one from day one.
Further to these points and given the latest refusal we would also take this opportunity to highlight some key points why we believe, there is no longer an agricultural needed for such dwelling in this location, should the Planning Committee disagree with our previous comments.
Firstly, we believe it is important to understand the dwelling setting. Near to our property are the two adjoining properties are both privately owned. The one on the south side still called Ballafreer Cottage has been extended twice and is now a very large house, and at the present time rented out. The one on the north side and still called Rose Cottage has just recently been demolished and a three storey house built on the same plot.
Going on up the lane the Ballafreer Farm which a few years ago was a dairy farm, have converted the milking parlour and outbuildings to four Holiday Cottages. The agricultural workers bungalow known as the White Lady Cottage is no longer used for a worker. We believe this property has been sold as the occupier is building an extension.
Across the land to the East there is a small portion of a field belonging to 'Trollaby Farm' adjoining us, but this Farm no longer even has a Farm House and the workers original cottage is now a Mansion, the land has been ranched for quite a few years.
Down below this towards the South is the 'Ballavargher Estate Farm' now owned by Mr. Osborn retired Carpet business man who lives in the Ballavargher Big House. The farmhouse and converted outbuildings are occupied by either his family or rented privately we believe, and the land rented out for grazing.
Moving across the main Peel Road and opposite our land is fields owned by Mr. Keig retired photography company owner, he also rents his land out for grazing.
Going on up the Ballahutchin Hill we come to a large House built the last few years by Mr. Martyn Quayle ex. MHK, whom bought a large field in front of his house, which used to belong to Ballafreer Farm.
At the top of the Ballahutchin is the Glenlough Farm and of course the Camping ground. They have quite recently have had an Agricultural Dwelling built on the Farm, plus have a further permission for an additional agricultural worker dwelling.
Coming back across the main road and heading back down we come to Ballafreer House and Ballafreer Beg which is owned by Mr. Fargher an Accountant. Which his business is worked from these premises. He too owns fields which we look directly on from our Bungalow, and he also rents these out for grazing.
We have now come full circle around our area.
The land and farms owned around the outer area we know of no one who is an Agricultural Worker as such, apart from Farmers themselves, with help from contractors from time to time.
Also enclosed photographs of "Threeacres" Bungalow. We hope these further identify that we have invested the majority of our savings into the upkeep and improvement of our property over the 34 years we have lived here.
Finally we would like to say that we fully intend to retain all the land we have bought as a sort of insurance policy for our future health care and any help we may need. We intend to rent it out as we have done for the last few years for eight months of the year.
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