9 November 2020 · Delegated - Principal Planner Chris Balmer
Field 224318, Glen Road, Ballaugh, Isle Of Man, IM7 5jg
The application sought permission to erect a modest agricultural shed measuring 7m x 4m (28m² floor area), 2.8m to eaves and 3.4m to ridge, with concrete dwarf walls and dark green cladding, located 35m from the highway access and 2.5m from the western boundary in a 1-acre grass field.
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The officer found there was insufficient agricultural justification for the shed, as the stored items (tractor, grass cutter, etc.) did not fall within the legal definition of agriculture under TCPA 1…
Spatial Policy 5
Requires new development in defined settlements, with countryside development only per General Policy 3. Officer assessed the unzoned field site fails this without agricultural exception.
General Policy 3
Prohibits development outside zoned areas except essential agriculture/forestry (para f). Officer found no sufficient agricultural need to outweigh countryside presumption, as storage not 'agriculture' per TCPA s45.
Environment Policy 1
Protects countryside for its own sake unless overriding national need and no alternative. Officer concluded isolated shed would adversely affect countryside with no overriding need.
Environment Policy 2
Protects Areas of High Landscape Value (AHLV); development ok if no harm or essential location. Officer found shed harms AHLV character, not essential, visible from highways.
Environment Policy 15
Permits agricultural buildings if need outweighs countryside policy, sited near groups, sympathetic scale/form/materials, not isolated. Officer found no need, isolated siting (35m from access), industrial appearance harms landscape.
do not oppose
DEFA Agricultural Officer confirmed the field is not claimed under ADS with no further comment; Highways Division do not oppose; Ballaugh Parish Commissioners object due to inappropriate shed size and recreational land use; multiple local residents object citing recreational use, flood risk, and visual impact.
Key concern: land primarily used for recreational purposes rather than agricultural
DEFA Agricultural Officer
No CommentThe field you mention isn’t being claimed for under the ADS.
Department of Infrastructure Highways Division
No ObjectionDo not oppose; DNO on 30.09.20
Ballaugh Parish Commissioners
Objectionthe Ballaugh Parish Commissioners wish to object to the proposed works on the following grounds
The original application for an agricultural shed was refused by the Department of Environment, Food and Agriculture. Appellants argued the shed was essential for storing equipment on their small field used for organic food production, reduced in size from a prior proposal and sited outside the floodplain. The Council defended refusal citing no essential agricultural need, recreational use, and conflict with countryside protection policies including Spatial Policy 5, General Policy 3, and Environment Policies 1, 2, 15. Inspector found insufficient agricultural justification and visual harm to the AHLV, recommending dismissal. The Minister concurred and dismissed the appeal on 30 April 2021.
Precedent Value
Demonstrates strict policy application in countryside/AHLV requires robust evidence of agricultural business (e.g. scheme registration, income potential) beyond hobby-scale activity; mere equipment storage insufficient; exceptional circumstances hard to prove for isolated sites.
Inspector: Michael Hurley BA DipTP
