4 July 2008 · Delegated - Senior Planning Officer Mrs F Mullen
Field 614896, U23, Laxey, Isle Of Man, IM4 7pr
The proposal sought approval for an existing area of hard-standing created by depositing materials including building rubble in the northwest corner of an agricultural field designated as open space, high landscape value, scenic significance and ecological interest under the Laxey and Lonan Area Plan 2005.
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The officer concluded there was insufficient agricultural need to justify the hard-standing as an exception to the presumption against development on unzoned land, noting the applicant's three small f…
Policy L/OSNC/PR/1
Requires general presumption against development in areas designated as open space. Site is designated open space/agricultural; proposal fails agricultural essentiality exception under GP3(f) due to small holding size, low activity and dumping evidence.
Ecological interest policy
Presumption against development adversely impacting ecological interest areas. Site in wider ecological interest designation; hard-standing and storage use would harm this despite screening proposals.
General Policy 3
Prohibits development outside zoned areas except listed exceptions including essential agricultural operations. Agricultural need not demonstrated given site observations and holding scale.
Strategic Policy 4
Requires protection/enhancement of landscape quality and nature conservation, especially near designations. Proposal harms both landscape and ecology.
Environment Policy 1
Protects countryside/ecology unless overriding national need with no alternative. No such need proven; adverse countryside impact.
Environment Policy 2
Prioritises landscape character protection in AHLV/Scenic areas unless no harm or essential location. Site visible from distance; storage changes appearance harmfully.
Environment Policy 4
Prohibits development adversely affecting local ecological interests including plan-designated areas. Directly applicable to site's designation.
No objection
No objection
No objection
The original application (08/00151/R) for creation of hard-standing to store silage, hay, straw and agricultural machinery at the corner of field 614896, Abbey Cottage Lane, Ramsey Road, Laxey was refused by the Planning Committee. The appellant argued agricultural need for storing feed for wintered livestock, welfare benefits, reduced road journeys, and no ecological harm with screening proposals. The Council contested lack of justification, use of waste materials including rubble, visual harm in AHLV, and ecological impact. The Inspector accepted agricultural justification for a modest facility but found the existing large, unsightly hard-standing harmful to the AHLV landscape and ecology, outweighing benefits. The appeal was dismissed, refusal upheld, and a restoration scheme required due to unauthorised works.
Precedent Value
Appeals for agricultural hard-standing in AHLV must prove strict functional necessity with minimal footprint and no waste materials; screening helps but cannot override landscape harm from over-scale development. Future applicants should seek permission pre-commencement and provide detailed justification/scale plans.
Inspector: Neil A C Holt
