2 August 2021 · Delegated - Principal Planner Jason Singleton
Louisa Mine East, East Foxdale Road, Foxdale, Isle Of Man, IM4 3hl
The proposal was for a detached storage shed in the north-eastern corner of the 5-hectare site at Louisa House, East Foxdale Road, Foxdale, to store machinery for maintaining the site's grass and hedges.
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The officer noted the site is unzoned countryside with a presumption against development, and while ancillary structures like garages may be acceptable, this building's scale (160sqm, capable of a two…
General Policy 3
Requires control of development to areas zoned for development, presuming against it in countryside unless exceptions apply. The officer found no justification to override the presumption, as the large scale and prominent siting harm countryside character despite being ancillary to an existing dwelling.
Environment Policy 1
Protects countryside for its own sake, permitting development only if overriding national need with no alternative. The building's size, location, and visibility constitute unwarranted harm with no such need demonstrated, especially given existing storage.
Spatial Policy 5
Requires new development to positively contribute to the environment, potentially supported by Design Statement. The basic design, despite some matching materials, does not reflect site architecture or contribute positively, increasing landscape visibility.
No Highway Interest
Patrick Parish Commissioners raised no objection to the application after their meeting. DOI Highways stated no highways interest.
Patrick Parish Commissioners
No ObjectionNO OBJECTION would be made
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI
The original application for erection of a detached storage building was refused for non-compliance with countryside protection policies GP3, EP1, and StrP5 due to its size, siting, and visual harm. The appellant argued need for storing maintenance machinery for 5ha of land, sufficiency of existing garages for other uses, compatibility with the dwelling, and lack of objections. The inspector found the building suitably in scale with the existing large rural dwelling, visually acceptable due to setback and backdrop, and justified by need, thus complying with policies in this specific case. The Minister accepted the inspector's recommendation to allow the appeal subject to conditions restricting use to storage for site maintenance.
Precedent Value
This appeal shows that functional agricultural/domestic storage buildings can succeed in rural curtilages where tied to demonstrated need for large sites, visually subordinated to existing development, and conditioned to prevent misuse. Future applicants should provide precise equipment lists, clarify total land areas, and emphasise integration with approved built form.
Inspector: Brian J Sims
