13 February 2009 · Delegated - Senior Planning Officer
Field 614865, Ballamenagh Road, Baldrine, Isle Of Man, IM4 6al
The proposal seeks approval for an agricultural building already erected on field 614865 at Ballamenagh Moar Farm, off Ballamenagh Road in Lonan, following the Minister's direction after previous application 07/01843/R was deemed invalid for non-compliance with plan submission requirements.
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Agricultural need was previously established via approvals 06/01122/R and 04/01350/B with no evidence of changed circumstances.
General Policy 3
Permits building operations essential for agriculture outside zoned areas. Officer applied exception (f) as agricultural need established and location near existing farm buildings.
Environment Policy 2
Protects AHLVSS character unless no harm or essential location. Officer found location essential per prior approvals, visual impact acceptable with matching finishes.
Environment Policy 15
Requires agricultural buildings justified, sited near groups, appropriate scale/materials/form sympathetic to landscape. Tested proposed finishes matching adjacent building; no tension as smaller than prior approval.
Policy LJOSNC/PR/1
Presumption against development in open space. Overridden by agricultural exception in GP3.
Policy LJOSNC/PR/7
Permits agricultural buildings if essential and comply with policy guidance. Need demonstrated via history.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the location plan and drawing no. M/39/3 date stamped the 1st October 2008.
Materials matching
The external finishes of the building must, to the satisfaction of the Planning Authority, match that of the existing adjacent agricultural building.
Agricultural use only
The building must only be used for agricultural purposes.
Do not oppose
The original application for erection of an agricultural building at Ballamenagh Moar Farm was granted permission retrospectively by the Planning Authority despite prior invalidity concerns. Lonan Parish Commissioners appealed, arguing the building's poor design, materials, and landscape impact in an Area of High Landscape Value and Scenic Significance (AHLVSS). The applicant justified the need for farming and claimed compliance with policy. The inspector found no material change since a previous inquiry, concluding the building's stepped form, separation from the adjacent structure, unsuitable cladding, and absent landscaping breached policies, recommending refusal. The Minister concurred with the inspector, refused the application, and directed removal of an existing unpermitted building by 31st August 2009.
Precedent Value
Demonstrates that accurate plans alone do not overcome prior findings of policy non-compliance in sensitive landscapes; appellants succeed by evidencing no material change and strict policy application. Future applicants must address form, robust materials, integration, and landscaping proactively in AHLVSS.
Inspector: David Ward
