20 March 2007 · Minister for Local Government and the Environment (via Chief Executive, reversing Planning Committee refusal on appeal)
Field 210313, Postal Locality, Jurby West, Isle Of Man, IM7 3au
Mr and Mrs D Cleator applied for approval in principle to erect an agricultural worker's dwelling on a field they own adjacent to Cornerways in Jurby West, to be closer to their rented farm buildings at East Nappin for stock supervision, particularly during calving.
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The Minister considered the appeal inspector's report, noting paragraph 37 that 'The business is clearly on the threshold of meeting the DAFF standard for a full-time business where the provision of a…
Residential Development - Houses in the Countryside
Restricts countryside homes except for viable agricultural holdings; prefers sites in villages/hamlets/groups of buildings (para 7). Officer saw site as not ideal due to distance from East Nappin but inspector/Minister accepted as cluster near A10/Jurby Chapel junction, not isolated encroachment.
New Agricultural Dwellings
Requires clear evidence of real need (para 1) addressing past accommodation, occupant role, site choice (para 2). DAFF found 0.85 units 'on threshold', expected to reach full-time soon; essential need for specific site not fully clear (5-10min walk) but Minister accepted given growth trajectory.
Time limit for reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Agricultural occupancy restriction
The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was employed in agriculture in the Island and including also the dependants of such persons as foresaid.
Design standards
The proposed dwelling must be designed in accordance with policies 1-7 of Planning Circular 3/91.
Underground services
All services must be laid underground, and all soil-stacks must be constructed internally.
suitable justification; site within 'built up' area as infill according with policy to direct to established settlements
no objection in principle
no objection in principle
Utility authorities (MEA and IoM Water) raised no objections but requested standard contact conditions; DAFF acknowledged agricultural merits but questioned essential need for this specific site; no parish or other statutory consultee responses present.
Key concern: Essential need to live on this specific site is not clear
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact Anthony Kinrade or Ian Horsey...
Conditions requested: Applicant must contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept (Tel. 687705) to discuss working practices around Cables and Overhead Lines which may be required to be diverted; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766) before any work is carried out; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority...
Conditions requested: Applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
DAFF Agricultural Services
No CommentOn the basis of this information, I would say there are agricultural attractions of this application, however the essential need to live on this specific site is not clear.; A major motivation in this case seems to be the understandable desire to achieve a larger house...
DAFF Agricultural Services
No CommentI still say there are agricultural attractions of this application, however the essential need to live on this specific site is not clear.; Whether a 3 minute car journey is better than a 10 minute journey is a difficult debate.
Island Land-Based Services
SupportI believe that the two of you are developing a very successful farming business which will encourage other young farmers to stay in the Industry. Therefore by granting planning approval for the dwelling it will demonstrate some commitment to the sustainability of the Isle of Man Agricultural Industry.; The proposed site is actually in an extremely good position for the business.
The original application for approval in principle for an agricultural worker's dwelling was refused by the Planning Committee. Appellants Mr and Mrs D Cleator argued their farming business had expanded to require 1.05 full-time workers, the site was central to operations and within a cluster of dwellings, and it complied with policy preferences for location. The Council defended the refusal citing the holding's current size did not justify a dwelling and preference for village locations. The inspector found the business on the threshold but not yet firmly established for a permanent house, deeming it premature, though the site would be acceptable if need was proven. The appeal was recommended for dismissal.
Precedent Value
Appeals for agricultural dwellings require labour units clearly exceeding threshold with established operations, not projections; even strong site arguments fail without proven need. Applicants should secure DAFF agreement pre-application and consider temporary permissions.
Inspector: Neil A C Holt
