19 February 2019 · Head of Development Management (Stephen Butler)
Field 214552, Summerhill Road, Jurby, Isle Of Man, IM7 3bs
The application sought permission for a steel frame agricultural building with a main two-storey element of 8.9m ridge height, 22.8m width, 13.7m depth, and 312sqm footprint, plus adjoining sheep pens, on Field 214552 (2.4ha) at Ballacrye, Jurby, accessed via a narrow farm track.
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The officer concluded there was not an existing agricultural business on the 2.4ha smallholding sufficient to justify the steel frame building, as no stock was observed on the 30.01.2019 site visit an…
General Policy 3
GP3 presumes against development outside zoned areas except for essential agricultural buildings. The officer found the proposal did not qualify as essential due to no extant agricultural business or viability on the smallholding, failing to justify countryside development.
Environment Policy 15
ENV15 requires proven agricultural need sufficient to outweigh countryside protection, with buildings sited near existing groups, sympathetic to landscape, and appropriate in scale/form. The officer assessed failure to demonstrate need/viability, poor isolated siting near highway/railway, and unsympathetic location despite screening.
Environment Policy 1
ENV1 protects countryside unless overriding national need with no alternative. Referenced in context of general presumption against development but not specifically tested beyond GP3/ENV15.
Environment Policy 2
ENV2 prioritises landscape protection in high value areas unless no harm or essential. Site not in AHLV but policy framework noted for countryside control.
Environment Policy 14
ENV14 protects versatile agricultural land (Classes 1-2) unless overriding need. Noted but not central as primary issue was agricultural justification.
No objection
Jurby Parish Commissioners responded with no objections to the proposed erection of an agricultural building for storage and livestock.
Jurby Parish Commissioners
No ObjectionJurby Parish Commissioners have now considered the above proposed development, and have no objections thereto.
The original application for erection of an agricultural building was refused due to concerns over land ownership/control, lack of demonstrated agricultural need/viability for an isolated smallholding, and conflict with countryside development policies GP3 and EP15. The appellant argued the building was essential for an existing viable sheep farming business at Ballacurn (100 acres), using the 32.26 acres at Ballacrye for winter grazing due to tenancy restrictions, supported by Farm Assured standards and welfare codes. The inspector found that updated evidence of imminent land purchase and business details demonstrated a proven agricultural need outweighing countryside protections. The appeal was allowed subject to conditions restricting use to agriculture, requiring landscaping, and proof of land ownership.
Precedent Value
Demonstrates that appeals can succeed with robust post-application evidence of agricultural need for existing businesses, even in countryside; future applicants must submit full viability/ownership proof upfront and use conditions to tie permissions to land control.
Inspector: Anthony J Wharton
