19 February 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Mea Gas Project Site Huts, Peel Road, St Johns, Isle Of Man, IM4 3nb
The proposal sought approval in principle for a single agricultural dwelling on Field 314731 adjacent to Ballaleece Farm for the applicant's daughter to support ongoing farm operations as the parents retire.
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The officer noted the resubmission addressed siting by locating the dwelling immediately adjoining the main farm buildings, well set back from the A1 Peel Road, and accessed via the existing farmyard,…
Planning Circular 3/88 - New Agricultural Dwellings
Requires evidence of real agricultural need (full-time employment, retirement from agriculture, or dependants) to justify countryside dwelling, with siting within/immediately adjoining main farm buildings, set back from highway, via farm access. Siting complied but no full-time agricultural employment proven for daughter, preventing occupancy condition compliance; thus failed need test.
Planning Circular 1/88 Residential Housing in the Country
Discourages countryside housing except where agricultural need demonstrated, preferring siting in villages/hamlets. Need not offset general objections given part-time farm involvement and catering business.
No objection to application in principle, reserve comment until detailed plans received
Do not oppose subject to conditions on access, sight lines, track width, parking and turning
Standard note for single dwelling water connection
No objection to the proposal
IoM Water Authority requests standard water connection condition; Highways Division has no objection subject to specific access, sight lines, and parking conditions; German Parish Commissioners have no objection in principle; other representations include objections from SPMCE and a resident on other applications or general grounds.
IoM Water Authority
Conditional No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: condition of planning be that the 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
Department of Transport, Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: The existing access shall be improved to facilitate the additional traffic generated by this proposal; Sight lines of 2 metres by 160 metres shall be provided in the direction of Peel and 2 metres by 90 metres in the direction of St. Johns; The proposed access track shall be a minimum of 4.1 metres for the first 8 metres from it's junction with the A1; Parking arrangements shall comply with Manx Roads 1; On site turning shall be provided; A reserved matters application shall be submitted to address matters of access, parking and turning requirements
German Parish Commissioners
No ObjectionMy Commissioners have no objections this application in principle but will reserve comment until detailed plans are received
The original application (06/01846/A, resubmission of 06/00054/A) for approval in principle for an agricultural dwelling adjacent to Ballaleece Farm was refused by the Planning Committee because the proposed occupant, Ms J Kennaugh, did not meet the full-time agricultural employment requirement under Circular 3/88. The appellant argued that Ms Kennaugh, daughter of the ageing farm owners, was involved in farm activities, farm shop, and catering business, necessitating on-site accommodation for family succession and modern animal husbandry needs, with the site complying with Circular 3/88 siting criteria. The Council maintained there was no proven full-time agricultural need, as Ms Kennaugh's primary work was catering (70-80% of time) and farm involvement was only about 10%. The inspector, after a public inquiry and site visit, concluded that farm shop and catering do not constitute agricultural activity, there was insufficient evidence of real agricultural need, and policy for controlling countryside dwellings must not be breached for family wishes. The appeal was recommended for dismissal.
Precedent Value
This appeal demonstrates strict enforcement of Circular 3/88 requiring clear evidence of full-time agricultural need; associated farm businesses like shops/catering do not count towards agricultural activity. Future applicants must provide robust proof of the occupant's primary agricultural commitment, not just family involvement or convenience.
Inspector: David Bushby BA [Hons] MCD MRTPI