21 November 2007 · Minister for Local Government and the Environment (via Chief Executive letter confirming Inspector's recommendation)
Ballagawne Farm, Ballagawne Road, Baldrine, Isle Of Man, IM4 6ep
The proposal was for a new steel-framed barn measuring 19m x 10m, 3.8m to eaves and 4.8m to ridge, with concrete blockwork lower walls and corrugated sheeting above, located in an open field 15m west of the farmstead and 20m south of the highway, to store hay from 25-acre holding and machinery.
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The Planning Committee refused on 21/11/2007. On appeal, Inspector Hurley found the 'utilitarian appearance, size and prominent location of the proposed building would detract from the open, rural cha…
General Policy 3
Prohibits development outside zoned areas except inter alia 'building and engineering operations which are essential for the conduct of agriculture or forestry'. Officer/Inspector assessed if barn met (f) exception; Planning Authority/DAFF argued small scale (0.26 labour units) lacks sufficient need; court ruled commercial viability irrelevant, pure 'essential for agriculture' test applies, applicant's unchallenged evidence of inadequate storage potentially met it.
Environment Policy 1
Protects countryside unless overriding national need with no alternative. Inspector applied strictly, finding no such need; court held questionable applicability to agriculture (farms inherently countryside, would prohibit most farm buildings), should be read with other policies per 1.7.2, given limited weight.
Environment Policy 2
Protects AHLV unless no harm or location essential. Site in high landscape value/scenic area; building's prominent location tested, failed as would harm character.
Environment Policy 15
Requires agricultural need outweighing countryside policy, sited near building groups, appropriate scale etc., exceptional for exposed/prominent sites. Inspector found need insufficient for small holding, site 15m from farmstead but prominent/isolated; court confirmed need test excludes commercial viability.
erection of such barn would have some agricultural merit
