17 April 2008 · Planning Committee
Field 614865, Ballamenagh Road, Baldrine, Isle Of Man, IM4 6al
The proposal sought retrospective permission for an agricultural building (over 36m long, 12m wide, 5-6m high, clad in mixed corrugated metal sheeting) on field 614865 at Ballamenagh Moar Farm, an isolated rural site in an Area of High Landscape Value near Ballannette Nature Reserve.
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The officer assessed the retrospective proposal as a smaller revision of the previously approved larger building under PA 06/01122/R, concluding that agricultural need was already justified and the re…
Policy L/OSNC/PR/1
General presumption against development in designated open space areas. Officer noted site designation but justified exception via agricultural need under GP3 and prior approvals, despite isolation.
Agricultural Development
Requires proof of essential agricultural need and compliance with policy guidance. Officer accepted need from prior PA 06/01122/R; smaller scale deemed compliant despite plan inadequacies.
General Policy 3
Permits essential agricultural buildings outside zoned areas. Officer relied on this exception (subpara f), supported by established need and precedents.
Environment Policy 2
In AHLV, landscape protection paramount unless no harm or essential location. Officer argued reduced size vs prior approval meant less harm; site near existing farm buildings.
Environment Policy 15
New ag buildings must be sited near groups, appropriate in scale/materials/siting/form; landscaping in exposed areas. Officer deemed sympathetic due to size reduction, but no materials/landscaping conditioned; appeal inspector found crude design harmful.
Approved drawings
This approval relates to drawing no.s 1843/1, 1843/2 and 1843/3 date stamped the 3rd October 2007.
Agricultural use only
The building must only be used for agricultural purposes.
Multiple third-party objectors including Society for the Preservation of the Manx Countryside & Environment, Manx Wildlife Trust, Kaz Ryzner Associates on behalf of Ballannette Trust, and local residents strongly object to the retrospective application for an agricultural buildin…
Key concern: risk of slurry pollution to Ballannette Nature Reserve
Society for the Preservation of the Manx Countryside & Environment
ObjectionIt really is awful; the sheds are apparantly second-hand with assorted cladding.; Our worst fears are confirmed!; Landscaping on its own is just NOT sufficient.
Conditions requested: Condition requiring all wall cladding to be painted khaki and all roofs black or very dark grey; Condition must be applied (and enforced)
Kaz Ryzner Associates for Ballannette Trust
ObjectionThe plans and accompanying information are totally inadequate to properly assess the proposed development and its potential impact on the surrounding area.; The applicant should be made to minimise this impact by limiting the height of the building, using materials that will lessen the visual impact and provide a landscaping scheme.
Conditions requested: submit proper scaled plans and sections with all necessary supporting information; limit height of building, use materials to lessen visual impact, provide landscaping scheme as per PA 04/01350; condition to ensure no outside storage of materials or use of containers; submit full details of all drainage proposals
Manx Wildlife Trust
ObjectionNon-compliance with a previous planning requirement on consent of a building development should preclude further applications from being granted.; The proposed building significantly expands the capacity to hold livestock within this building complex.
S. E. Clague
Objectionthe sheds he has now built, and noting they do not comply with the very poor and vague plans he submitted we strongly object; a real blot on the surrounding area.
Ballannette Trust
ObjectionThis development is on the topside of the wetlands nature reserve the wildlife of which is potentially threatened with out an adequate solution.; We strongly contest that decision in that our property and land is in direct view of the development.
Ballaclague House
ObjectionThis development is on the topside of a wetlands nature reserve the wildlife of which is potentially threatened with out an adequate solution.; our property and land is in direct view of the development and we own neighbouring fields alongside.
The original application (07/01843/R) sought retrospective permission for an agricultural building erected differently from a prior approval (PA 06/01122/R); the Planning Committee granted permission on 11 April 2008. Lonan Parish Commissioners appealed, arguing the plans were invalid under the 2005 Order and the building harmed the Area of High Landscape Value due to poor design, materials, and lack of landscaping, contrary to Strategic Plan policies. The Planning Authority defended the approval, citing established agricultural need and lesser visual impact than previously approved. The applicant emphasized farm necessity. The inspector found the plans non-compliant with statutory requirements, potentially invalidating the decision, and concluded the building's crude design and materials caused unacceptable harm to the landscape despite agricultural need, recommending reversal without conditions.
Precedent Value
Emphasises strict compliance with plan submission requirements under 2005 Order, even retrospectively; agricultural buildings in AHLV must meet high design standards for materials/colour/form per EP15 or risk reversal despite need.
Inspector: Michael Hurley
