10 July 2019 · Delegated - Principal Planner Sarah Corlett
Field 211090, Lane From Sandygate Road To Upper Ballacryre, Sandygate, Ramsey, Isle Of Man, IM7 3bs
The proposal sought retrospective permission for using part of an agricultural field (around 0.21 acres in the north-eastern corner) for recreational purposes, including storing a motorhome from March to September, plus erecting a 9m² timber tractor shed with felt roof on concrete slab and a 19.2m² partially built timb…
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The officer assessed that the site is unzoned white land/countryside, requiring any development to meet strict exceptions under General Policy 3, particularly for essential agricultural operations, bu…
Spatial Policy 5
Requires new development in defined settlements, with countryside development only per General Policy 3 exceptions. Officer found proposal fails as it does not meet countryside exceptions, amounting to semi-permanent residential use without justification.
General Policy 3
Permits countryside development only for essential agriculture/forestry etc. No agricultural operations on site; structures seen as domestic, not essential agricultural need, failing the policy test.
Environment Policy 1
Protects countryside for its own sake unless overriding national need with no alternative. Sheds and vehicles harm countryside ecology/character without such need demonstrated.
Environment Policy 15
Permits agricultural buildings if need outweighs countryside harm, sited near groups, sympathetic in scale/materials. No sufficient need; isolated roadside siting with small but harmful structures not sympathetic.
Three objections to application 19/00625/B from nearby landowners Ballacrye Farm and Upper Ballacrye, and from Jurby Parish Commissioners, citing harm to agricultural land, visual impact, incompatibility with surroundings, and previous refusals.
Key concern: development on prime agricultural land not zoned for such use, harming landscape character contrary to Strategic Plan policies
Ballacrye Farm
ObjectionThe erection of the proposed sheds and parking of the vehicles would have a detrimental visual impact which would harm the character and quality of the landscape contrary to General Policy 3 and environmental Policies 1 and 2 of the Isle of Man Strategic Plan 2016.; We request that this application should be denied, and that the buildings presently erected, with the motorhome, camper van, and pick-up truck should be removed from the field, along with the concrete hard-standing, and that the field should be returned by the owner to its original condition as agricultural land.
Upper Ballacrye
ObjectionI cannot understand why the site has not yet been cleared of sheds and vehicles since the last development application was refused on appeal.; I object to this development as it is totally unsuitable in this agricultural environment, and it is a disturbance to the peace and quiet which we have previously enjoyed.
Jurby Parish Commissioners
ObjectionJurbay Parish Commissioners have now considered the above proposed development, and are opposed to the proposed development, as the land is agricultural and therefore not zoned for development as proposed.
The original application 19/00625/B for alterations, erection of a tractor shed and storage shed/workshop, and use of part of field 211090 for recreational use (retrospective) was refused by DEFA Planning for visual impact harming countryside character and constituting unacceptable residential development in the countryside contrary to IMSP policies including GP3, EP1, EP15, SpP5, HP4. The appellant argued established recreational use over 5-15 years, personal need as a base for TT/MGP visits, farming experience, wildlife benefits, and willingness to mitigate impacts. The Council defended refusal on lack of agricultural need and detrimental visual impact. Inspector Brian J Sims found no evidence of established use, no agricultural justification, and harm to countryside character under GP3 and EP1, recommending dismissal. The Minister concurred and dismissed the appeal on 12 December 2019.
Precedent Value
Emphasises strict application of GP3/EP1 countryside protections; appellants must provide robust evidence of established use or genuine agricultural need, not mere intent or photographs. Future applications in unzoned countryside for non-agricultural uses face high refusal risk without meeting policy exceptions precisely.
Inspector: Brian J Sims