5 September 2018 · Delegated
The Farmhouse, Track From Lanjaghan Road To Strennaby Farm, Abbeylands, Isle Of Man, IM4 5ef
The application sought retrospective permission to change the use of an existing agricultural building at Strenaby Farm into a dog day care and training facility, operating between 8am and 6pm with up to 50 dogs at a time. The site sits in open countryside on the Isle of Man, outside any zone designated for development. The proposal failed on two grounds. First, it did not qualify under any of the exceptions in General Policy 3 of the Isle of Man Strategic Plan, which restricts commercial development in the open countryside, and it did not meet the requirements of Environmental Policy 16, which governs the reuse of rural buildings for small-scale commercial purposes. Second, the Highways Division raised serious concerns about the access arrangements: the farm track serving the site is only 2–3 metres wide, allowing only single-file traffic, and the junction onto Abbeylands has limited visibility. The volume of drop-off and collection trips generated by the business would force vehicles to reverse along the track and along Abbeylands for considerable distances to reach a passing place, which was considered unsafe.
The change of use was refused because the site is in open countryside not zoned for this type of commercial development, and the proposal did not meet the exceptions allowed under General Policy 3 or the rural building reuse criteria in Environmental Policy 16. The additional vehicle movements generated by the business would also create unsafe conditions on a narrow access track and road that cannot accommodate two-way traffic.
Refusal Reasons
Development outside of those areas which are zoned for development
proposed change of use does not fall within any of the exceptions
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
use of existing rural buildings for new purposes such as small-scale industrial/commercial use
does not meet the requirements
and heritage, but also an opportunity for diversification and re -use. The Department will continue to treat proposals for re-use positively, where they comply with current policy guidance namely Environment Policy 16 and Environment Policy 17, set out in the Isle of Man Strategic Plan, 2007. Manx National Heritage is likely to seek recording of such buildings and farmsteads prior to redevelopment and particular regard should be had to the Isle of Man Strategic Plan - Environment Policy 41 - in this respect.
