18 August 2008 · Planning Committee
Field 434756 (Formally 660), Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3ay
The application sought permission to erect a steel-framed agricultural building measuring 18.3m by 9.144m (167m²) on field 430660, part of an open agricultural field on the eastern side of the A3 Ballamodha Straight in rural Malew, with half for livestock housing (15 suckler cows) and half for vintage tractor restorati…
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The Planning Committee followed the officer's recommendation to refuse, primarily because DAFF's Agricultural Advisor determined the building was not justified in agricultural terms: the enterprise on…
Environment Policy 15
Requires proof of agricultural/horticultural need outweighing general countryside protection policy; new buildings must cluster near existing groups, be landscape-appropriate, and only permitted in isolated locations under exceptional circumstances with landscaping. Officer tested against DAFF advice finding insufficient need (small-scale enterprise, mixed use including tractor restoration), isolated siting away from applicant's stables due to covenants/horse-cattle separation, failing the exceptional circumstances test despite some benefit acknowledged.
Do not oppose
No objection, but felt field 430539 would be a better location
Note received regarding nearby overhead lines (NOTE 1)
DAFF Agricultural Advisor objects that the agricultural enterprise is not of sufficient scale to justify the building; Malew Parish Commissioners have no objection but suggest an alternative site; Highways and Manx Electricity Authority do not oppose.
Key concern: agricultural enterprise not of sufficient scale (labour units 0.15-0.26) to justify building
DAFF Agricultural Advisor
ObjectionThis is not an agricultural enterprise that the department would view as a full-time agricultural business.; This agricultural enterprise will still not be considered by DAFF to be a full-time agricultural business.; On this basis the building is not agriculturally justified.
DAFF Agricultural Advisor
ObjectionThis is not an agricultural enterprise that the department would view as a full time agricultural business.; This agricultural enterprise will still not be considered by DAFF to be a full time agricultural business.; the erecting of an agricultural building... has some limited agricultural benefits although the necessity of the proposed location is not clear.; On this basis the building is not agriculturally justified.
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; Please contact our Network Operations Department... before any work can be carried out on site.
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; MEA requires 24 hours unrestricted access to the cables in the Public Highway
Malew Parish Commissioners
Conditional No ObjectionThe Commissioners wish to notify you that they have no objection to this Planning Application, but felt that field 430539 would be a better location.
Conditions requested: field 430539 would be a better location
Department of Transport
No ObjectionDo not oppose
The original application 08/00954/B for erection of an agricultural building and reinstatement of access on field 430660 (part of 434756), Ballamodha Straight, Ballasalla, was refused by the Planning Committee. The appellant argued the building was needed for cross-breed cattle, vintage tractors, and machinery shelter, claiming difficulties siting it elsewhere and citing a precedent at Croit Y Kelly. The Council defended refusal citing Strategic Plan Environment Policy 15 restricting isolated countryside buildings and DAFF advice that the appellant's activities are not a full-time agricultural business. The inspector found the building would be a conspicuous isolated intrusion conflicting with countryside policies, with no special agricultural reasons to justify it. The Minister accepted the inspector's recommendation to dismiss the appeal on 25 November 2008.
Precedent Value
Appeals for isolated agricultural buildings in open countryside require evidence of full-time agricultural operations; partial or hobby farming, tractor restoration, or non-agricultural primary occupations will not outweigh countryside protection policies like EP15.
Inspector: David Bushby BA [Hons] MCD MRTPI
