25 September 2019 · Delegated - Principal Planner Chris Balmer
Johnsons Cottage, Lane From Druidale Road To Johnsons Cottage, Druidale, Ballaugh, Isle Of Man, IM7 5ja
Marant Farming Limited applied to extend their existing two-storey Manx stone cottage (8.5m long x 5m wide, ridge 6.5m) by demolishing the rear catslide and adding a larger two-storey rear extension (5.2m projection, ridge to 8m), a linked two-storey extension (7.2m x 10.5m, stone finish), and a detached 9.3m x 9.3m ga…
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The officer concluded there was no sufficient or real agricultural need demonstrated for the residential extensions or detached agricultural/garage building to outweigh countryside protection policies…
General Policy 3
Restricts development outside zoned areas except for essential agricultural housing (a) or buildings/operations essential for agriculture (f). Officer found no real agricultural need demonstrated, failing to outweigh countryside restrictions; existing dwellings and buildings suffice per DEFA.
Environment Policy 1
Protects countryside for its own sake unless overriding national need with no alternative. Without essential agricultural need, proposal adversely affects countryside near reservoir and conservation zone.
Environment Policy 15
Permits new agricultural buildings where need outweighs countryside harm, sited near existing groups, sympathetic in scale/design. Need not established; visual impact acceptable due to location but principle fails.
Housing Policy 7
New agricultural dwellings only in exceptional circumstances with real need. Existing cottage adequate; extensions not justified.
Environment Policy 7
Prohibits harm to watercourses without mitigation, risk assessment, pollution measures; no development within 8m. No details provided near Rhenass River and Sulby Reservoir.
Environment Policy 8 (emerging Strategic Plan)
Agricultural buildings not permitted if discharges breach water protection code. No drainage info for garage near watercourses.
Environmental Policy 22
Prohibits unacceptable pollution of water. Lacks evidence of no harm from drainage/waste.
Infrastructure Policy 4 (Communications)
No unacceptable impact on public water supply quality. Site in designated pollution risk area; no mitigation shown.
Environment Policy 3
No unacceptable loss/damage to woodland. Insufficient details on cumulative tree loss impact.
Environment Policy 4
Protects species/habitats of importance including in nature conservation zones. No assessment of impact on local ecology amid prior woodland clearance.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Mitigation required for EP4 sites. No conditions or agreements possible without info.
Housing Policy 15
Extensions to rural properties must respect form/proportions; >50% floorspace exceptional. Design impacts traditional proportions but remote views and materials make visual impact acceptable.
No highways interest
No concerns as the impact to the amenities of the area is likely to be minimal
DEFA Agricultural Policy Manager finds no agricultural need for the proposed extension and garage; Arboricultural Officer and Highways Division raise no objections.
Key concern: no agricultural need for the proposed development
DEFA Agricultural Policy Manager
ObjectionFrom a practical farming point of view the housing currently available is sufficient and there isn't an agricultural need for further development.; there is a generous provision of buildings at Druidale farm, used by the previous tenant to house cattle, which are more than adequate to meet the needs of the current farming system
Arboricultural Officer
No ObjectionThe impact to the amenities of the area should be minimal so we are unlikely to raise any objections.
Department of Infrastructure Highways Division
No ObjectionNo Highways Interest
Department of Infrastructure Highways Division
No ObjectionThe development is considered to be far enough off the public highway to have any detrimental effect.; The proposals are therefore considered acceptable.; Recommendation: DNO
The original application for alterations, rear and side extensions to the existing cottage plus a detached garage/agricultural building was refused for lack of proven agricultural need, countryside protection, inadequate drainage details risking water pollution, and insufficient ecology/tree impact information. The appellant argued agricultural need for worker accommodation and livestock shelter given their 1,045-acre sheep farm, with design sympathetic to the rural setting. The Planning Authority defended the refusal citing DEFA Agricultural Officer advice that existing buildings suffice and sheep don't need extra shelter, plus design issues and missing technical details. The Inspector found agricultural need justified a second worker dwelling but rejected the specific extensions for failing HP15 design requirements, found no need for the outbuilding as existing farm sheds suffice, noted insufficient drainage details near Sulby Reservoir, and considered trees/ecology concerns mitigable. The appeal was dismissed upholding refusal reasons 1-3.
Precedent Value
Demonstrates agricultural need can justify second rural dwelling where proven and site exceptional (remote/upland), but design must strictly meet HP15 and technical details (drainage/ecology) essential even if mitigable. Future applicants must submit formal agricultural assessments, ownership proofs and detailed drawings before appeal.
Inspector: B J Sims
