6 May 2009 · Planning Committee
Cummal Beg, Barroose Lane, Baldrine, Isle Of Man, IM4 6an
The proposal sought permission to retain and slightly alter (replacing window with doors and garage doors with wall) an existing building of approximately 47.5m², originally constructed without permission as a garage, now repurposed for agricultural storage and lambing shelter adjacent to the dwelling Cummal Beg.
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Officer assessed the building's visual impact as unacceptable due to ridge height making it 'very visible in the landscape and unacceptable from the main road, particularly Ballamenagh Road', quoting …
Sites identified as woodland or open space
Prohibits development in open space/woodland to protect natural attractions/amenities. Officer found proposal contrary as sited in designated open space, visually prominent.
Policy L/OSNC/PR/1
General presumption against development in designated open space. Building represented unwarranted intrusion into countryside/open space.
Agricultural Development
Requires proof building essential for agriculture per policy guidance. Failed due to DAFF assessment of minimal need, hobby-scale enterprise.
General Policy 3
Prohibits development outside zoned areas except defined exceptions including essential agriculture. No exception met as agricultural need insufficient.
Environment Policy 1
Protects countryside/ecology unless overriding national need with no alternative. Visual harm and lack of need failed test.
Environment Policy 2
Prioritises landscape character protection in high value areas unless no harm or essential location. Ridge height caused unacceptable harm.
Environment Policy 15
Requires agricultural need outweighing countryside policy, sited near buildings, appropriate scale/design. DAFF confirmed need inadequate, building poorly designed/not modern.
Do not oppose
The original application for retention and alteration of a building for agricultural use was refused by the Planning Committee. The appellant argued for a change of use from an unfinished garage to store sheep, food, and vintage machines, citing long-term farming hobby and issues with prior garage approval due to drains. The planning authority opposed it as unwarranted development in high landscape value countryside, lacking agricultural justification per DAFF advice, contrary to Strategic Plan policies. The inspector found the agricultural need weak, the building domestic in character, and no sufficient justification to override countryside protections despite some enforcement inconsistencies elsewhere. The Minister accepted the inspector's recommendation to dismiss the appeal, confirming the refusal.
Precedent Value
Demonstrates strict application of countryside policies requiring robust agricultural justification; hobby uses or retrospective justifications for domestic-style buildings will fail even with screening proposals. Future applicants must provide DAFF-supported evidence of genuine need and avoid artificial reframing to evade enforcement.
Inspector: Graham Self MA MSc FRTPI
