31 March 2017 · Delegated - Senior Planning Officer Sarah Corlett
Raby Farm, Main Road, Glen Maye, Isle Of Man, IM5 3au
Raby Limited applied to create a new farm entrance track connecting a highway access to the farmyard at Raby Farm on Main Road, Glen Maye. The track would be roughly 135m long and 4m wide, surfaced with gravel and hardcore.
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The officer concluded the track was not essential for agriculture as required by General Policy 3(f), given existing accesses 115m south to the farmyard and opposite accesses serving the same field, a…
General Policy 3
Requires development outside zoned areas, including agricultural operations under (f), to be essential for the conduct of agriculture with no reasonable alternative. Officer found no evidence of essential need given existing accesses, failing the test as unwarranted development on unzoned land.
Environment Policy 1
Protects countryside from adverse effects unless overriding national need with no alternative. The track's visual harm in this unzoned rural countryside area failed the protection requirement, with no overriding need demonstrated.
Environment Policy 2
Protects Areas of High Landscape or Coastal Value unless development does not harm character or location is essential. The hardcore/gravel track would harm the open, attractive rural character visible from highway, and location not essential.
no objection on the basis that the existing access arrangements will not be altered
no objection
Patrick Parish Commissioners raised no objection to the new farm track at Raby Farm. Highways Division also do not oppose the application.
Patrick Parish Commissioners
No Objectionno objection would be made; 17/00109 - New Farm Track at Raby Farm, Main Road, Glen Maye
Department of Infrastructure (DOI) Highways Division
No ObjectionHighway Services do not oppose this application.; Do not oppose; The proposal is to provide a hardcore and gravel track across a field from an existing field access gate to Raby farm.; The existing access arrangements will not be altered.
The original application for a new 135m farm track connecting farm buildings to an existing field access was refused for being unwarranted development on unzoned land contrary to General Policy 3 and visually harmful contrary to Environment Policies 1 and 2. The appellant argued the track was essential for agriculture under exception (f) of GP3 following sale of land blocking the previous route, improved road safety, and minimal visual impact once grass-seeded. The Council initially defended both refusal reasons but withdrew objection to visual impact upon learning of grass seeding plans and acknowledged the need due to changed land ownership. The inspector agreed the track complies with GP3 as essential for agriculture, would not harm landscape policies once grassed, and recommended allowing the appeal with conditions on commencement and construction details. The Minister accepted this recommendation and approved the application on 26 June 2017.
Precedent Value
This appeal shows that agricultural engineering operations on unzoned land can succeed under GP3(f) with clear evidence of essential need from changed circumstances and effective landscape mitigation like grass seeding. Future applicants should document route necessities, safety gains, and provide visual/photographic proof of minimal impact post-mitigation.
Inspector: Michael Hurley
