21 February 2012 · Minister for Infrastructure (appeal decision confirming Planning Committee approval)
Field Number 134889, Lezayre Road, Glen Tramman, Ramsey, Isle Of Man, IM7 2aw
The site is a sloping field off Lezayre Road (A3 TT Course) in Glen Tramman, Ramsey, used for small-scale pig rearing with existing pig pens and some unauthorised non-agricultural storage. The proposal sought to replace an existing portakabin (authorised by 4-year rule) with a smaller timber mobile grain store oriented…
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The inspector concluded the main issue was whether the development was for agricultural purposes per Strategic Plan policies.
General Policy 3
Prohibits development outside zoned areas except essential agricultural buildings/operations. Officer/inspector assessed small-scale proposal as justified for pig farm access/storage, unlike prior larger schemes deemed disproportionate; portable nature allows removal if redundant.
Environment Policy 15
Requires agricultural need outweighing countryside presumption, sited near groups, appropriate scale/sympathetic to landscape, care near residences. Reduced scale/building (3x10m, 2.7m high, timber, low roof) found preferable to existing portakabin; not isolated/exposed; no unacceptable residential impact despite proximity to Gateways; landscaping conditioned.
Time limit
The development hereby permitted shall commence before the expiration of 6 months from the date of this notice.
Approved plans
This permission relates to the extension of the hardcore access track and the erection of a storage building as shown on drawings ap00, ap02b and ap01c received on 23 December 2011.
Agricultural use only
No approval is hereby permitted or implied for the operation, use and/or storage within the site... of any plant, machinery, equipment and/or vehicles not associated with, or required for the purposes of, agriculture. Any vehicles, machinery, plant and/or equipment currently stored on site but which do not relate to the operation or use of the site for agriculture shall be removed within three months of the date of this permission unless the prior written agreement of the Planning Authority is given.
Remove existing portakabin
Prior to the commencement of works on site, the existing portakabin type building must be removed in its entirety from the site, together with all plant and machinery not used in connection with agriculture.
Fixed position
The proposed mobile storage building/unit must be positioned on the land wholly in accordance with Plan/Drawing No: ap01c and shall not be moved or repositioned without the prior written agreement of the Planning Authority.
Agriculture only use
The mobile storage unit hereby approved shall be used solely for the purposes of agriculture necessary on the holding, including any purpose incidental thereto, and shall not be used for any commercial purpose(s) whatsoever.
Removal if redundant
Upon it becoming redundant, the mobile storage unit hereby permitted be removed and the land reinstated to its former condition within a period of one month, unless the Planning Authority shall grant planning permission for an alternative use of the unit.
Colour scheme
The mobile storage building/unit hereby permitted, shall be painted, or stained in a colour to be agreed in writing with the Planning Authority within one month of its erection. Thereafter the mobile storage building/unit shall be maintained in that colour.
Landscaping scheme
Details of the proposed landscaping/planting scheme shall be submitted to the Planning Authority for approval within one month from the date of this notice. All planting, seeding or turfing comprised in the approved details must be carried out in the first planting and seeding seasons following the date of this notice. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
non-ag equipment removed; remaining for agriculture/stock maintenance; refutes noise/pollution/flooding claims; pigs well cared-for per DEFA; track follows natural drainage; store is mobile
pig rearing profitable on small scale (Island's largest herd on 3 acres)
The original application 11/01770/B to replace an existing portakabin with a timber grain store and create a hardcore track (partial retrospective) was approved by the Planning Committee, but appealed by neighbour Mr M D Jones. The appellant argued discrepancies in the decision notice, non-compliance with conditions, flooding risks, and noise/disturbance issues. The Planning Division defended the approval as compliant with agricultural policies GP3 and EP15, smaller than a previously refused scheme, and separate from ongoing enforcement for non-agricultural storage. The inspector agreed the proposal was for legitimate agricultural purposes, preferable to the existing structure, and compliant with policies, but noted ongoing non-agricultural storage issues requiring enforcement. The appeal was dismissed on 3 July 2012, confirming approval with detailed conditions restricting use to agriculture, requiring removal of non-agricultural items, and specifying finishes and positioning.
Precedent Value
Appeals against approvals can be dismissed if proposals clearly serve agricultural needs in countryside; enforcement for non-agricultural storage must be pursued separately without blocking compliant schemes. Future applicants should ensure strict agricultural justification and address prior refusals explicitly.
Inspector: David G Hollis
