17 April 2019 · Delegated - Head of Development Management (Stephen Butler)
Field 320909, Top Road, Crosby, Isle Of Man, IM4 4hn
The application sought permission to erect a steel-framed agricultural shed with green cladding and roller shutter doors in a small, landlocked field accessed via a private track off Top Road, Crosby.
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The officer assessed the proposal against General Policy 3(f), which permits buildings essential for agriculture outside zoned areas, and Environmental Policy 2, requiring overriding need in Areas of …
General Policy 3
Restricts development outside zoned areas except for essential agricultural buildings under (f). Officer found proposal not 'essential' as storage was for off-site farm use, primarily for convenience near home, failing to outweigh countryside protection.
Environment Policy 2
Protects Areas of High Landscape Value unless no harm to character or location essential. Site in AHLV; isolated position in open field would introduce new structure without overriding need or alternatives demonstrated.
Environment Policy 1
Protects countryside ecology unless overriding national need with no alternative. Proposal lacked such justification, conflicting with countryside protection.
Environment Policy 15
Requires agricultural buildings, if needed, sited near existing groups, sympathetic in scale/form, not isolated unless exceptional. Even if need accepted, 84m² building in isolated field corner failed siting/scale tests; not close to buildings or justified exceptionally.
Marown Parish Commissioners have no objection in principle but raise concerns over access visibility onto Top Road due to mature trees and suggest an alternative site; Arboricultural Officer recommends a minimum 5m setback from fence lines to protect trees.
Key concern: access visibility onto the Top Road which does not appear capable of improvement without the falling of some mature trees
Marown Parish Commissioners
Conditional No ObjectionThe Commissioners have no objection to the application in principle. However, they do have concerns at the access vislibility onto the Top Road; The Commissioners wonder therefore whether there might be a better site on Brazil Farm itself
Arboricultural Officer
Conditional No ObjectionTo help prevent damage occurring to the existing trees in the hedgerows surrounding the proposed location, and to reduce the risk of future conflict occurring with the trees once the barn is built, the footprint of the building should be a minimum of 5 m from the existing fence lines in this corner of the field
Conditions requested: the footprint of the building should be a minimum of 5 m from the existing fence lines
The original application for erection of an agricultural shed on a 0.35ha field at Top Road, Crosby was refused by DEFA as the agricultural need did not outweigh countryside protection under GP3 and EP2 of the Strategic Plan 2016. The appellant argued essential need for storing equipment closer to home for Braaid Farm operations, citing animal welfare, security, cost savings from current distant storage, and minimal visual impact. The council defended refusal emphasizing no formal tie to the farm, potential for non-agricultural use, convenience over need, and inappropriate isolated siting. The inspector found limited visual impact and no highway safety issue but concluded transient personal circumstances did not demonstrate essential need under GP3, EP1-2, and EP15, leading to dismissal. The Minister accepted the inspector's recommendation on 22 August 2019.
Precedent Value
Appeals for agricultural buildings remote from holdings require robust evidence of essential need outweighing AHLV protection, beyond convenience or temporary issues. Applicants should prioritise on-farm storage or demonstrate functional land tie and weather-critical equipment use.
Inspector: Brian J Sims
