9 April 2025
Moaneywoods Farm, Lonan Church Road, Laxey, Isle Of Man, IM4 7jx
Conversion of agricultural building to residential (non-habitable) accommodation ancillary to the occupation of Moaney Woods Farm (retrospective)
Construction of garage with Granny flat over, Moaney Woods, Field No. 2862, Lonan
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DEFA Planning objects to the retrospective conversion citing conflicts with countryside protection policies, while Garff Commissioners have no objection and support reconsideration, and DOI Highways has no highways concerns and will not submit further.
Key concern: principle of conversion unacceptable in rural protected countryside
DEFA Planning & Building Control Directorate
ObjectionThe proposed development is unacceptable as the principle of the conversion... is not accepted as the site lies within a rural and protected part of the countryside.; harm in this instance is not only visual as the incidental change of use... would mean that the building ceases to support agriculture.; In the event that the appointed Planning Inspector is minded to recommend that the application be approved, then the four-year expiration condition should be attached along with consideration to any potential conditions included at 4.0.
Conditions requested: C1: Restrict use to Moaney Woods Farm only... shall only be occupied/used by the occupants of Moaney Woods Farm... and by no other persons. The building shall not operate as an independent planning unit.; C2: Residential Curtilage... a Plan which shows details of the land area to form the extended curtilage... excluding Field 612364... and parts of Field 612363... boundary by planted hedge of native species or Manx hedge.; C3: Internal Layout... remain as shown on drawing No. 24 1841/02... No kitchen or bathroom facilities... no internal walls.; C4: Removal of Permitted Development... no fences, gates, walls... no shed, greenhouse or any other building.; C5: Low Level Lighting... sensitive low level lighting plan following Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23.; C6: Restrict Approval to Building... no approval for adjacent goat shed... remain agricultural.; C7: Block up Field Access... close existing field access... access only via dwelling access.
Garff District Commissioners
No Objectionthe Commissioners wish to reiterate that they have no objection to the proposals.; current use of the building means that a purpose has been given to an existing and well-built structure that otherwise would be likely to fall out of use.; current use presents no negative visual impacts, nor any highways issues, nor other detriments.; ask the Inspector to include these more positive aspects... in determining whether the planning policy can be set aside.
DOI Highways
No CommentAs there is no highways reason for refusal on the application, HDC will not be submitting a written statement for the appeal.
The original application (24/00770/B) for retrospective conversion of a 2007-approved agricultural building to non-habitable residential gym ancillary to Moaney Woods Farm was refused by a senior officer on 29 November 2024 for four reasons relating to countryside protection, lack of policy support, visual harm from glazing, ancillary status concerns, and unwarranted residential curtilage extension. The appellants argued no policy compliance was claimed but no harm demonstrated, minimal visual changes mostly screened, no agricultural need, and conditions could ensure ancillarity. The Inspector's analysis found the principle unacceptable due to countryside policies (EP1, GP3, EP16) as the building lacks historic interest and agricultural redundancy unproven, with limited visual harm from glazing extending domestic character into countryside. The appeal was dismissed, recommendation accepted by Minister on 9 April 2025, upholding refusal.
Precedent Value
Demonstrates strict application of countryside policies requires proven redundancy (with evidence beyond assertions) and historic interest for conversions; ancillary uses on separate ag buildings need prior curtilage approval. Future applicants must submit evidence of no ag demand and apply explicitly for curtilage changes.
Inspector: R J Perrins
