12 April 2005 · Planning Committee
Agricultural Building, Mylvoirrey, Glen Road, Ballaugh, Isle Of Man, IM7 5jd
The proposal is for a new agricultural barn positioned between two existing farm buildings on a farm holding in rural Ballaugh Glen. The site has a complex planning history with multiple prior approvals for agricultural structures, some restricted to storage only to protect nearby residential amenity at Faaie Wyllin, l…
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The officer confirmed sufficient agricultural need based on DAFF advice for a 150-acre farm with 50-cow suckler herd and followers requiring winter housing and fodder storage, noting existing building…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no. 2778/1 date stamped the 13th October 2004.
Materials
The roof and gable cladding shall be coloured and maintained dark green.
All correspondence from DAFF, Ballaugh Commissioners, and planning department supports covering existing feeding area for livestock; adhere to good animal husbandry and Welfare Code for Cattle.
no objections
no adverse traffic impacts
no objections or comments
sufficient agricultural need to justify; existing uncovered yard potential pollution issue if stock kept there
Third party objections from Mr Nuttall (via Patricia Newton) raise concerns over residential amenity impacts, breach of prior conditions, lack of need, and pollution risks; DAFF supports the application for agricultural justification and pollution mitigation; DAFF Wildlife Officer has no objections.
DAFF Agricultural Adviser (Caroline Perry)
SupportIn my professional opinion I feel that the application to erect an agricultural building as in fill between existing agricultural buildings is justified; Based on the above I would recommend approval of the application
DAFF Wildlife & Conservation Officer (Richard Selman)
No ObjectionI have now seen these planning applications and have no objections or comments
The original application PA02/1761 sought change of use of existing farm store (Building A, approved 1988/1990 for storage only) to general agricultural use including housing livestock and installation of underground tank, which Planning Committee approved subject to conditions. Neighbours (appellants Mr Wilkinson/Mrs Slingsby) appealed citing prior refusal of similar application (AP1930) as premature, inadequate assessment of noise/smell/pests/pollution risks given 25m proximity to Faaie Wyllin, inconsistency with Building C restrictions, and alternatives in Building B. Applicant argued farm needs for 50-cow herd overwintering/calving, DAFF-approved pollution measures, and responsible management. Inspector Hawthorne found pollution risks acceptably mitigated by DAFF measures but residential amenity decisively harmed by proximity/noise/smells from livestock in unsuitably designed building, recommending refusal which Minister accepted. This reversed Committee approval, protecting amenity despite farm needs.
Precedent Value
Sets precedent that agricultural buildings within ~25m of off-farm dwellings require robust amenity evidence beyond pollution controls; inspectors will protect residential amenity via use restrictions/consistency with site history even in rural areas; future applicants need DAFF + EHO/planning-specific assessments for livestock near homes.
Inspector: R S Hawthorne