16 September 2011 · Minister for Infrastructure (on appeal, following Inspector's recommendation)
Field 321916, Cooil Road, Douglas, Isle Of Man, IM4 2ah
Mr Stanley Skinner proposed a steel-framed agricultural shed measuring 32m by 20m with a 5m ridge height, to be sited in the northeast corner of Field 321916, Cooil Road, Cooil, Douglas, accessed via an adjacent public greenway lane.
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The officer initially concluded the building was beneficial but not 'essential' to agriculture as required by GP3(f) to override countryside protections, noting the farm had managed without it for 15 …
General Policy 3
Presumes against development in countryside except for essential agriculture/forestry under part (f). Officer found not essential despite DEFA support, as no imminent threat and managed 15 years without; appeal inspector accepted DEFA need, central site on own land pragmatic, outweighing modest impacts.
Environment Policy 15
Requires agricultural buildings sited close to existing groups, appropriate scale/design/materials, with landscaping for isolated sites. Officer found isolated siting, substantial size (640sqm vs 124sqm need), limited landscaping inadequate for visibility from lane/A26. Inspector found low profile in slope, hedging, proposed cladding/landscaping sufficient to mitigate.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to erection of an agricultural building, Field 321916 Cooil Road, Douglas as shown by drawings numbered SRS2, SRS3, SK1, SK2 and SK3 received by the Department on 21 March 2011.
Exterior cladding details
Prior to any development, details of the exterior cladding shall be submitted to and approved by the Planning Authority. The building shall be erected and retained in accordance with those approved details.
Finished floor level
Prior to any development, the finished floor level relative to an agreed datum shall be submitted to and approved by the Planning Authority. The building shall be erected with the floor level at the approved level.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or use of the building, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Agricultural use only
The building must be used solely for agricultural purposes. In the event that the building ceases to be required for agricultural purposes it shall be demolished, the materials removed from the site and the land restored to its previous condition.
no objection to application; on appeal, resolved that appeal should be allowed and application approved
do not oppose; no unacceptable impacts upon highway safety
erection of an agricultural building is agriculturally justified and offers many agricultural attractions; approval for proposed position at planning division's discretion
The original application for erection of an agricultural building on Field 321916, Cooil Road, was refused by the Development Control Manager on 16 September 2011 for failing to demonstrate essential agricultural need under GP3(f) and causing unacceptable isolated visual impact contrary to EP15. The appellant argued agricultural justification supported by DEFA, animal welfare benefits, central location on owned land, and minimal visual impact with landscaping. The Planning Authority initially questioned need and location but conceded agricultural need at inquiry. Inspector Alan Langton found agricultural need proven, site well-chosen centrally within holdings, visual impacts modest and outweighed by need, recommending allowance. The Minister accepted the recommendation on 5 March 2012, approving subject to conditions.
Precedent Value
Demonstrates that public inquiry with DEFA support and inspector site visit can overturn refusals for isolated agricultural buildings where need (esp. welfare/business security) demonstrably outweighs visual harm in countryside. Future applicants should secure DEFA endorsement early and emphasise operational centrality on owned land.
Inspector: Alan Langton
