15 June 2023 · Delegated - Principal Planner (Jason Singleton)
Upper Kirkill, Sloc Road, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The site is two fields totaling about 24 acres west of Ballakillowey Road in Colby, associated with Upper Kirkill property, accessed via a shared track. The proposal sought permission for a new agricultural barn divided into tractor storage, livestock shed, and feed store, plus a small pump house to replace and amalgam…
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The officer assessed the principle under General Policy 3(f), which permits countryside buildings only if essential for agriculture; no overriding need was proven as the land is not currently farmed t…
General Policy 3
Requires exceptions to countryside development ban only for buildings essential for agriculture; officer tested submitted evidence (questionnaire, labour calculations, machinery ownership) but found no overriding need demonstrated for this scale, as land not farmed, no livestock, and startup 'chicken and egg' did not justify full-size permanent barn over smaller initial structure.
Environment Policy 1
Protects countryside from unwarranted development; proposal failed as insufficient agricultural justification to override zoning presumption, harming landscape character and amenity despite pump house acceptability.
Environment Policy 15
Outlines design criteria for agricultural buildings; character and appearance acceptable as agricultural shed in agricultural setting with minimal fleeting views, but overall non-compliant due to principle failure.
no Highways Interest
happy with the proposal but would like to request that a Construction Environment Management Plan and a Habitat Enhancement Plan are received as conditions of an approval
proposal will result in the loss of habitat and possible orchids and that they suggest a condition be attached to protect the semi-improved and wet grasslands and provide mitigation for the loss of barn sparrow nesting ground
DEFA Agriculture objects to the barn design due to inadequate ventilation for livestock housing. DEFA Biodiversity raises ecological concerns but accepts updated plans with conditions for CEMP and habitat enhancement.
Key concern: barn ventilation inadequate for livestock housing
DEFA Agriculture
ObjectionFrom an animal welfare point of view the real issue is the ventilation provision in the building - there still isn’t any. There needs to be suitable ventilation provision in the apex of the roof and the side walls to allow adequate air flow - see page 16 of the attached.; The building as drawn is not suitable for housing livestock. Livestock require the provision of adequate ventilation, page 9 of the current DEFA grant guidance gives guidance on livestock housing ventilation; standard practice is to fit roof lights into Agricultural buildings
DEFA Biodiversity
Objectionmarshy grassland is a very rare habitat on the Isle of Man covering just 1.94% of the island’s land area; Viviparous (common) lizards are listed on Schedule 5 of the Wildlife Act 1990; All birds, their nests, eggs and young are protected by law (Wildlife Act 1990)
Conditions requested: Preliminary Ecological Appraisal (PEA) by suitably qualified ecologist prior to determination
DEFA Biodiversity
Conditional No ObjectionThe Manx Wildlife Trust’s (MWT) Preliminary Ecological Appraisal Report for Upper Kirkill, dated June 2022, is all in order; happy with the updated barn location; CEMP must include measures to protect marshy grassland and protected orchids
Conditions requested: Construction Environmental Management Plan (CEMP) prior to works including protective fencing, PWMS for lizards/frogs/birds, invasive species removal; habitat enhancement plan with replacement native planting and gorse/scrub management
Arbory and Rushen Parish Commissioners
ObjectionCommissioners were content with the proposed development of the house but did not feel that sufficient evidence of need was given either for the pump house or the agricultural barn; it would be difficult to see how such a small acreage would warrant such a large agricultural barn
Arbory and Rushen Parish Commissioners
Objectionthe agricultural barn for which no agricultural justification has been given. If there is an agricultural justification the Commissioners would of course be interested to read it
Arbory and Rushen Parish Commissioners
Supportsupported
Arbory and Rushen Parish Commissioners
No Commentthe Commissioners decision was incorrectly minuted... should have read that the Board had no further comment to make
Highway Services Division
No Objectionthere is no highways HDC interest (NHI) in: 22/00232/B
DEFA Agriculture
ObjectionThe building as drawn is not suitable for housing livestock. Livestock require the provision of adequate ventilation; I would imagine that proper windows will be retrofitted to the building once it has been built as part of its conversion to its intended final use
The original application for erection of agricultural barn and pump house was refused by delegated decision on 15 June 2023 due to lack of overriding agricultural need and harm to countryside character contrary to GP3f, EP1 and EP15. Appellant argued agricultural justification via Rural Business Consultancy report, unchallenged need, limited visual impact, and policy compliance. Inspector found sufficient agricultural need demonstrated, no harm to character and appearance due to screening and agricultural design, and recommended approval with conditions restricting use to agriculture and removal if use ceases. Minister accepted recommendation and allowed appeal on 1 December 2023 subject to conditions.
Precedent Value
Demonstrates that for small holdings, brief professional agricultural reports plus labour calculations can justify barns even without current activity, if unchallenged. Conditions strictly limiting to agricultural use and requiring removal protect countryside; appellants should commission expert reports and highlight 'chicken and egg' startup issues.
Inspector: R J Perrins
