1 August 2012 · Delegated - Senior Planning Officer (decision notice 1 Aug 2012); Appeal dismissed by Minister for Infrastructure (31 Oct 2012)
Winterbrook Cottage, Little Gretch Voar, Ballaragh Road, Laxey, Isle Of Man, IM4 7pg
The proposal was for a steel-framed animal shed/food store measuring 9.1m wide by 18.4m long (approx 165m² floor area) and 3.2m high, to house a donkey, sheep, poultry and store machinery/feed, sited in Field 614269 about 100m from Winterbrook Cottage in open countryside above Laxey.
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The proposal was refused because it did not qualify as an exception to General Policy 3's presumption against countryside development, lacking evidence of genuine agricultural need (private keeping of…
General Policy 3
Presumption against development outside zoned areas except specific cases like essential agricultural buildings. Proposal failed as no evidence of agricultural need (private animal keeping/storage); not sited near building groups; represented unwarranted countryside development.
Environment Policy 2
Protects Areas of High Landscape or Coastal Value and Scenic Significance; development only if no harm to character/quality or essential location. Size, siting and design harmed open countryside character in HLCVSS.
Environment Policy 21
Prohibits animal shelter/stabling buildings in countryside if detrimental by siting/design/size/finish. Proposal's scale (165m²), isolated field location and metal finish obtrusive and unreflective of rural landscape.
Policy L/OSNC/PR/1
General presumption against development in designated open space. Site in open space parcel; proposal unwarranted intrusion.
Ecological interest policy
Presumption against development adversely impacting ecological interest areas. Part-site in ecological interest; building would harm nature conservation value.
Accepts flood risk statement; no flood risk as flows direct away from site; no further comments or objection
Isle of Man Water and Sewerage Authority accepted the flood risk statement with no further comments or objections. Laxey Village Commissioners recommended refusal due to the excessive size of the structure and its detrimental impact on scenic amenity, contrary to local area plan policies.
Key concern: The proposed structure is excessive in terms of size and therefore would have a detrimental impact on the scenic amenity of the area.
Isle of Man Water and Sewerage Authority
No ObjectionThe Authority accepts the flood risk statement, and do not wish to submit any further comments.; The adjacent ponds and watercourse are on lower lying land and the gradient directs flows away from the shed and does not therefore present a flood risk.
Laxey Village Commissioners
ObjectionThe Board recommends refusal of the above application for the following reasons.; The proposed structure is excessive in terms of size and therefore would have a detrimental impact on the scenic amenity of the area.; The proposal is contrary to policies L/OSNC/PR/1 and L/OSNC/PR/7 of the Laxey and Lonan Area Plan.
The original application for erection of an animal shed/food store at a field near Winterbrook Cottage was refused by the planning authority for failing to meet countryside development exceptions under GP3, harming landscape quality under EP2 and EP21, and being unwarranted in open space and ecological areas under L/OSNC/PR/1 and L/OSNC/PR/3. The appellant argued the building was minimum size for purpose, not visible from public roads, sympathetic in design, and that the refusal was unreasonable with factual errors. The inspector found no genuine agricultural need, the size excessive for personal animal keeping, and the siting visually harmful in HLCVSS and open countryside, not meeting policy exceptions. The inspector rejected comparisons to other buildings and Wednesbury unreasonableness claims. The Minister accepted the inspector's recommendation to dismiss the appeal on 31 October 2012.
Precedent Value
Demonstrates strict application of countryside policies requiring genuine agricultural justification for animal buildings; personal pet-keeping does not qualify as exception. Future applicants must prove functional necessity, smaller scale, and curtilage siting to avoid visual harm in HLCVSS/ecological areas.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
