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.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
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
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
