31 January 2007 · Applicant withdrawal confirmed by Secretary, Planning Committee
Mullinaragher House, Rheast Road, Santon, Isle Of Man, IM4 2hr
The proposal sought to remove the agricultural workers' occupancy condition originally imposed in 1987 (PA 87/1510) on Mullinaragher House, a dwelling converted from a barn on a 2 ha site in the countryside (white land).
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The officer recommended refusal because the property was approved solely on agricultural need under PA 86/1101 and PA 87/1510, and two prior attempts to remove the tie (PA 92/0826 and PA 96/0349) fail…
New Agricultural Dwellings
Requires demonstration that long-term need for agricultural worker dwellings on the farm/locality no longer warrants retention before removing condition (para 6). Officer assessed no such proof provided; prior refusals/appeal confirmed ongoing need; marketing not targeted/priced appropriately to test demand.
Residential Development - Houses in the Countryside
General policy against countryside development without justification. Removal would create open market dwelling contrary to this and land use policies protecting countryside.
I no longer believe that the arguments to retain an agricultural tie for this property is sustainable. I support the application.
no views on the application, the application having been considered and having no adverse traffic impacts.
Mixed responses to application 05/92277/C for removal of agricultural tie on dwelling at Mullinaragher House, Santon: Manx Heritage Society objects strongly citing policy conflict and prior appeal dismissal, Andrew Jessopp supports removal of the tie, Highways Division has no vie…
Key concern: conflicting with the LPA's Policy on Agricultural Dwellings
Board of Agriculture & Fisheries
the site is quite suitable for the type of wind-proof polytunnel proposed by Messrs. Clucas, always assuming the tunnels are erected according to the manufacturer's recommendations; with such a high value crop (budgetted at a total output of £58,000 per acre) requiring constant attention and vigilance, it would be absolutely essential for the manager to be living in very close proximity
Conditions requested: tunnels are erected according to the manufacturer's recommendations
Manx Heritage Society
ObjectionThe Society OBJECT to this application as conflicting with the LPA's Policy on Agricultural Dwellings.; we can only recommend a further REFUSAL with the hope that the owner will see sense on valuation such that an agricultural occupier (perhaps a retiree?) may be found.
Andrew Jessopp
SupportI no longer believe that the arguments to retain an agricultural tie for this property is sustainable. I support the application.
Highways Division
No CommentThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
The original application sought removal of Condition 9 (agricultural occupancy tie) from a 1987 consent (87/1510) for conversion of a barn to a dwelling on a 5-acre site at Mullinaragher House, Santon. The Planning Committee refused on review, arguing the site could support agriculture and there was future need for such dwellings per Circular 3/88. The appellant argued the business failed due to misfortune, the condition was hard to enforce, the plot was not viable, and removal would not set a precedent given personal circumstances and market evidence including a conditional sale. The inspector found the condition valid and enforceable, retention would benefit agricultural stock despite high value, a compliant purchaser existed, and personal hardships insufficient to outweigh planning merits. The appeal was dismissed, confirming the Committee's decision.
Precedent Value
Appeals to remove agricultural ties require proving no future need, not just personal hardship or past failure; compliant purchaser evidence strengthens retention case. Future applicants should prioritise functional tests over market discounts or personal circumstances.
