30 August 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Store, Baldromma Mooar, Lane From Hibernia Maughold Road To Baldromma Moar, Maughold, Isle Of Man, IM7 1at
The application sought permission to convert a derelict stone barn within a farmyard adjacent to Maughold Village into a larger covered agricultural storage building by constructing a steel frame over it, removing the rear wall, and extending it westward.
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The officer accepted there is an agricultural need for the building, supported by DAFF justification, but found the specific location unacceptable.
General Policy 3
Permits agricultural buildings as an exception to countryside development restrictions. Officer confirmed agricultural need outweighs general policy against countryside development, so principle acceptable if impacts ok.
Environment Policy 15
Requires agricultural buildings sited near existing groups, sympathetic in scale/design, and no unacceptable amenity impact near homes despite landscape benefits of grouping. Officer found location too close to homes for amenity protection despite grouping benefits; alternative sites available.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character/appearance. Officer and inspector noted proposal's scale change harms area character, though not primary refusal reason.
Approve (initially, later raised concerns but welcomed refurbishment of redundant buildings if no adverse impacts)
No objection subject to conditions
Private residents and local groups objected to the proposal due to noise, light pollution, visual impact on adjacent homes and heritage sites, while statutory consultees like Drainage Division raised no objection subject to conditions; parish initially supported but later raised concerns.
Key concern: Impact on adjacent residential property Dhrynane House from noise, light pollution, and open construction due to close proximity
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: No discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage systems; Use of soakaways subject to Building Control approval; if not granted, no permission for discharge to foul system and alternative disposal required
Maughold Parish Commissioners
SupportThere are no concerns with the proposals and approval is recommended.
Maughold Parish Commissioners
No CommentThe Commission would like to submit additional comment on the following application following a site visit by the Chairman and members of the Board
Conditions requested: Planning Officer visits the site before submitting his report to the Planning Committee
Manx National Heritage
No CommentWe therefore seek the Committee's assurance that it will take into consideration the need to ensure that the cross house... would not in any way be compromised.
Conditions requested: Assurance that the cross house, and thus the safety of the crosses within (designated Ancient Monuments), would not in any way be compromised; Ridgeline of any new structure should be lower than the cross house; New structure should not intrude on to the views southward from the churchyard
Society for the Preservation of the Manx Countryside & Environment
No CommentThe Society will have some misgivings as to whether the proposed ingenious replacement will really appear satisfactory or, indeed, be practical.
The original application (07/00769/B) for alterations to a redundant farm building to form an agricultural storage building was refused under delegated powers due to impacts on residential amenity (Env Policy 15) and the setting of Maughold Cross House in the conservation area. The appeal was lodged by Penketh-Millar (agent for applicant Mr R Corkill) via written representations. The inspector questioned validity, noting the agent had no right of appeal, but analyzed merits finding unacceptable harm to Dhrynane House amenity (visual dominance, noise) and conservation area character (Env Policies 15 and 35). The Minister ruled the appeal invalid, upholding the refusal, and stated he would have dismissed it on merits if valid.
Precedent Value
Emphasises strict requirement for 'interested person' (applicant) to lodge appeal with clear identification/signature; agents cannot appeal. Even valid appeals for farm buildings near residences fail without robust amenity mitigation in conservation areas.
Inspector: Graham F Self MA MSc(Eng) FRTPI
