13 February 2006 · Director of Planning and Building Control (M. I. McCauley)
Ballamenagh Beg, Jurby Road, Sandygate, Ramsey, Isle Of Man, IM7 3ag
The proposal was for a new agricultural building measuring 14.3m wide x 27.9m long x 6.6m ridge height, clad in colour-coated plastic coated steel sheeting, for grain storage on derelict farmland adjacent to existing farm buildings.
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The proposed development was refused because the site is crossed by 11kV overhead high-voltage electricity cables, making it safeguarded from development under Policy ENP2 of the emerging Strategic Pl…
Energy Policy 2
Policy safeguards land within 9m either side of overhead high tension power lines from development. The 11kV line crosses the site, placing the proposed barn within the safeguarded corridor; diversion needed but practicality and potential permissions unresolved. This was the sole reason for refusal despite other policies (GP3, EP18, ENP3) being satisfied.
General Policy 3
Assessed implicitly via agricultural need, clustering with existing buildings, and functional siting; no conflict noted.
Policy EP18 (Isle of Man Strategic Plan Modified Draft)
Relates to agricultural development; proposal aligns with farm needs for grain storage to meet upcoming Farm Assurance scheme.
Environment Policy 3 (Isle of Man Strategic Plan Modified Draft 2004)
No specific tension; visual and amenity impacts deemed acceptable.
MEA objects due to the proposed agricultural building being sited under a 11kV overhead line requiring repositioning or diversion; Jurby Parish Commissioners object due to proximity to Brooke House and lack of screening.
Key concern: proposed building sited underneath the MEA 11,000 Volts overhead line
Manx Electricity Authority
ObjectionThe MEA would like to object to the above Planning application as the proposed building is sited underneath the MEA 11,000 Volts overhead line which crosses the site.; The MEA would like to object to the above Planning Application on Health and Safety Grounds. There is an 11,000 Volts High Voltage Overhead line crossing the site of the Proposed Barn.; If all of the following conditions can be met we would reconsider this objection
Conditions requested: Reposition the proposed barn to a new location, so that no building is to be erected within a 9 metre safety corridor either side of the outside conductor of the overhead line. Within this safety corridor there should be no excavation or building work etc carried out or any activity which would encroach upon the overhead line safety distances. All work to be carried out with reference to HSE Guidance note GS6.; The applicant pays for the Overhead line to be diverted or under grounded at no cost to the MEA and obtains the all necessary Wayleave agreements for the diverted route.; no building or construction work to be carried out within a 9 metre Corridor either side of the outside conductor of the 11kV Overhead line. All work on the site to be carried out with reference to HSE Guidance note GS6.; contact the M.E.A. for an Electrical Site Safety 5
Jurby Parish Commissioners
Objectionmy Commissioners have now considered the above proposed development, and are opposed to the proposal as they consider the building is to be sited to near to the dwelling known as "Brooke House", and that under a previous approval for agricultural buildings on the farm, the buildings had to be screened by trees so as not to be seen from the highway, but this has never been carried out.
Jurby Parish Commissioners
No Commentmy Commissioners do not wish to put forward any further views and comments at this stage, but request that their previously submitted views and comments are taken into consideration when the Appeal is held.
The original application for an agricultural grain storage building was refused by the Director of Planning and Building Control on 13 February 2005 for contravening draft Policy ENP2 as the site is crossed by 11kV overhead cables requiring diversion. The appellants argued agricultural need due to upcoming Farm Assurance scheme, proposed line diversion options (overhead realignment or undergrounding), challenged use of draft policy, and accepted a condition for resolution. The council defended the refusal on safety grounds supported by Manx Electricity Authority objection but found no issues with amenity or visual impact. The inspector acknowledged no other planning objections but dismissed the appeal due to lack of agreed diversion scheme, deeming conditional approval unwise without MEA agreement. The inspector recommended dismissal.
Precedent Value
Appeals for agricultural buildings under infrastructure like power lines require pre-agreed diversion schemes with utilities before approval; inspectors avoid conditional approvals without detailed resolution to avoid future complications.
Inspector: Terrence Kemmann-Lane