19 May 2008 · Planning Committee
Fields 314585 314586 314583 314582 315141 315142 W Of Ballig Bridge And N Of, Poortown Road, St Johns, Isle Of Man, IM4 3nq
The proposal was for a single profile sheeting agricultural building measuring 12m long by 8m wide on a sloping grass field in a High Landscape Value and Scenic Significance area, to be constructed with cut and fill earthworks for a level finished floor level.
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The officer concluded that 'insufficient need has been demonstrated to warrant the granting of approval for a building in the location indicated, on land that is not zoned for development'.
General Policy 3
General Policy 3 of the Isle of Man Strategic Plan restricts development on unzoned white land unless justified by proven need. The officer assessed that agricultural need was not demonstrated due to lack of DAFF records, leading to failure of the policy test requiring need to outweigh countryside protection.
Environment Policy 15
ENV15 requires agricultural buildings in countryside to demonstrate need outweighing general policy against development, sited close to existing groups and sympathetic to landscape. Assessed as failed on need (per GP3) and later on appeal for poor hillside siting requiring major earthworks, not sympathetic.
no comments / no objection
no objection after discussions with applicant, subject to 9m clearance from overhead line, access maintained, and LV line undergrounded (at applicant's cost)
Manx Electricity Authority (MEA) initially objected due to overhead lines but withdrew objection subject to specific conditions including 9m clearance and line replacement; German Parish Commissioners objected citing non-viable agricultural land used partly for composting.
Key concern: land is not viable for agriculture
Manx Electricity Authority
ObjectionManx Electricity Authority wishes to object to and recommends refusal of the above planning application.; under Health & Safety Note GS6 building under these lines is not permitted.
Manx Electricity Authority
Conditional No ObjectionAfter discussions with the applicant we can remove our objection to this planning application. This is on the understanding of the following:
Conditions requested: The proposed new agricultural building is at least 9 meters clear from the outside conductor of the 11kV overhead line and the pole mounted substation.; Full access to the pole mounted substation for MEA staff is maintained.; The LV overhead line is replaced with an underground cable.; MEA will not accept liability for any costs incurred for the above.
Manx Electricity Authority
Conditional No ObjectionAfter discussions with the applicant we can remove our objection to this planning application. This is on the understanding of the following:
Conditions requested: The proposed new agricultural building is at least 9 meters clear from the outside conductor of the 11kV overhead line and the pole mounted substation.; Full access to the pole mounted substation for MEA staff is maintained.; The LV overhead line is replaced with an underground cable.; MEA will not accept liability for any costs incurred for the above.
German Parish Commissioners
ObjectionMy Commissioners object to this application on the grounds that the land is not viable for agriculture. Part of this land is used as a composting facility it is hill land and the acreage does not warrant such a building.
The original 2001 application for two large agricultural buildings and access widening on a 52-acre farm holding was refused by the Planning Committee due to loss to public amenity, interpreted as visual harm to countryside quality. Appellant argued agricultural need based on farm operations, stock levels, and precedents from eastern Isle of Man farms, while council defended refusal citing High Landscape Value designation, isolated elevated siting, and lack of need. Inspector Hawthorne found no justification for the extensive buildings given low stocking levels and no farm development plan, and noted adverse visual impact from Poortown Road despite limited A3 visibility; recommended dismissal. In the 2008 appeal for a smaller building, Inspector Self accepted marginal need by default due to weak council evidence but dismissed on siting grounds as it would scar the steep hillside landscape contrary to sympathetic siting policy. Both appeals confirmed the refusals.
Precedent Value
Demonstrates strict proof burden for agricultural need in countryside - require detailed farm plans, DAFF evidence, stock records; even marginal need fails if siting scars sensitive landscapes; council must robustly evidence refusals or risk default findings.
Inspector: R S Hawthorne (2001); Graham F Self (2008)
