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Application No.: 25/90551/B Applicant: Mr Alan Stott Proposal: Erection of a new agricultural building including removal of sod bank, creation of a yard area and associated engineering works Site Address: Lower Kerrowmoar Kerrowkeil Road Grenaby Ballasalla Isle Of Man IM9 3BB Senior Planning Officer: Mrs Louise Phillips Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.09.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: To safeguard statutorily protected species and to protect other wildlife known to be in the area.
take place has been submitted to and approved in writing by the Department. All landscaping works shall take place in accordance with the approved plan.
Reason: To ensure an appropriate landscape setting to the development.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Reason: To safeguard a statutorily protected species and other wildlife known to be in the area.
Reason: In the interests of the character and appearance of the site and surrounding area; and to protect bats.
Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.
Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
The proposed development is essential for the conduct of agriculture and it would be sited in a practical location which would also minimise its impact upon the landscape and general character and appearance of the area. With appropriate conditions, the development would not adversely affect the ecology of the area; and it would cause no harm in respect of residential amenity. It would therefore be justified in the countryside and comply with relevant Development Plan policy and legislation.
Plans/Drawings/Information; This approval relates to the following plans:
It is recommended that the following organisation should NOT be given the Right to Appeal:
1.0 THE SITE - 1.1 Lower Kerrowmoar Farm is in a rural location north of Grenaby. The site for the proposed building is part of a landholding of approximately 70 acres on the east side of Kerrowmoar Road, and the applicant rents a further 82 acres nearby. The there is an existing grass track leading to the site from Kerrowmoar Road, while the farmhouse together with a couple of small outbuildings buildings, has a separate access a little further north. - 1.2 The southern boundary of the site is marked by a sod bank and a line of fairly large trees, and the ASSI lies beyond this. There is also a bank of smaller trees between the site of the proposed building and the road to the west. A further bank crosses the site towards its eastern boundary. The wider holding within the applicant's ownership comprises open farmland divided by hedgerows.
2.1 The proposed development is a steel framed, traditionally clad agricultural building measuring 18.2m wide x 14m deep with a pitched roof 6.5m high at the ridge. A lower, lean-to structure measuring the full 18.2m long by 3.8m wide would adjoin the west elevation and large doors would be provided in the north and east elevations. The building would be surrounded by a modest area of concrete to provide a yard and space for maintenance and storage. - 2.2 The intended use of the proposed building is for lambing and for storing lamb for market.
3.1 The site is not within a Conservation Area and there are no Registered Buildings, Registered Trees or Registered Tree Areas in the vicinity. Whilst there is some risk of surface water flooding along Kerrowmoar Road, the site istself is not at risk of flooding. - 3.2 The site is in a landscape characterised by "Incised Inland Slopes" and is adjacent to the Grenaby Gareys Area of Special Scientific Interest (ASSI), which lies to the immediate south. Area Plan for the South - 3.3 The site is not zoned for any particular purpose and is thus in the countryside for planning purposes. Strategic Plan - 3.4 Strategic Policy 2 - Development will be permitted in the countryside only in exceptional circumstances set out in General Policy 3. - 3.5 Spatial Policy 5 - Development will only be permitted in the countryside in accordance with General Policy 3. - 3.6 General Policy 2 - Provides various development management criteria, including the following which are relevant to this proposal:
3.7 General Policy 3 - Development outside areas zoned for development will not be permitted except for:
3.8 Environment Policy 1 - The countryside and its ecology will be protected for its own sake. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need.
3.9 Environment Policy 4 - Development will not be permitted which would adversely affect:
3.10 Environment Policy 5 - In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed to:
3.11 Environment Policy 15 - Where the Department is satisfied that there is an agricultural need for a new building, sufficient to outweigh the general policy against development in the countryside, and its impact is acceptable, development must be sited as close as practically possible to existing building groups and be of appropriate scale, materials, colour, siting and form to be sympathetic to the surrounding landscape and built environment. Buildings in exposed or isolated areas or close to public highways will only be permitted in in exceptional circumstances and will be subject to appropriate landscaping. The impact of new agricultural buildings upon nearby residential development must be considered.
4.1 Wildlife Act 1990: Section 27 allows for the designation of Areas of Special Scientific Interest; and Section 9 and Schedule 5 afford protection to lizards and their habitat. - 5.0 PLANNING HISTORY
5.1 There is no planning history associated with the application site or Lower Kerrowmoar Farm generally.
5.2 23/00939/B: Planning permission was granted for the conversion of two barns into a dwelling house/tourist accommodation at Upper Kerrowmoar to the north of the application site. Upper Kerrowmoar is in separate ownership. - 6.0 REPRESENTATIONS
6.1 The Ecosystem Policy Team objected due to site specific concerns on 27 June 2025:
6.2 Following the receipt of further information on 31 August 2025, the Ecosystem Policy Team was, on 22 September 2025, generally satisfied that its objections could be addressed by the imposition of conditions:
6.3 Highways Services does not object, 17 June 2025:
6.4 Highways Drainage provides advice in the absence of drainage details, 9 July 2025:
6.5 Forestry, Amenity and Lands does not object, 23 June 2025:
6.6 Malew Parish Commissioners have "No objection", 3 July 2025. - 6.7 Manx Utilities Authority, Electricity was consulted on xx 2025 but, at the time of writing this report, no comments had been received.
7.1 Having regard to the matters above, the main issues are:
Agricultural Justification
7.2 The site is part of a wider sheep farm operated by the applicant as a family business. He has 70 breeding ewes, producing 120-140 lambs per year, along with a small pedigree flock and some store lambs. In the past, lambing has taken place in rented sheds but these are no longer available and so the new building is proposed for this purpose.
7.3 In general terms, the building is required to shelter the ewes and lambs from inclement weather; to store feed, hay and machinery; and then to store meat for market. More specifically, the size of the building is informed by the requirements of the "sheep welfare code", and the site has been chosen because it is close to the house and would allow for the animals to be turned out without the need for transport. It also has an existing access and some tree cover to screen the building (see further below). - 7.4 Whilst there are a couple of existing farm buildings close to the farmhouse to the north, these are small and the access is too narrow for large machinery. They are thus unsuitable for lambing purposes and so, having regard to the supporting information summarised above, the agricultural need for the new building seems clear. It would therefore be justified in principle and comply with General Policy 3(f) of the Strategic Plan. Character and Appearance - 7.5 The proposed new building would be set a little to the south of the farmhouse and the outbuildings on the holding. However, this small separation would not render the new building isloated and, given the existing access arrangements, it would make practical sense. The scale and design of the proposed building would be appropriate for its intended use and it would not look out of place in this area of farmland.
7.6 Moreover, Kerrowmoar Road is a rural lane serving very few properties and there is little passing traffic. Public views of the new building would therefore be limited and, in any case, the site is set away from the road along the grass access. Whilst the majority of the holding here comprises open fields, the site itself is surrounded by trees and shrubbery and is adjacent to similar landscaping forming part of the ASSI. The trees along the south and west boundaries of the site would be retained and, while a section of the sod bank which crosses the site would be removed to allow for the construction of the building, the Landscape Plan confirms that this would be transplanted and/or replaced and replanted beyond the new fence line to the east. - 7.7 Therefore, notwithstanding that the existing landscape features might present issues in respect of ecology (see below), the screening they would provide would further reduce the impact of the proposed new building upon the character and appearance of the area. Overall, the site represents a practical and suitable location for the building, which would cause no significant harm to the character and appearance of the area. The proposal would therefore comply with Environment Policies 1 and 15 of the Strategic Plan and with General Policy 2(b) and (c). Ecology - 7.8 The proposed development would have no direct impact upon the adjacent ASSI, but the sod bank to be removed does likely provide habitat for a variety of wildlife, including bats and birds as well as common lizards which are protected under the Wildlife Act 1990. The Ecosystem Policy Team has requested the provision of bat and bird boxes upon the building and that any external lighting should be sensitive to bat conservation objectives. Conditions should be imposed to this effect. - 7.9 In respect of lizards, the Ecosystem Policy Team is satisfied with the protection and compensation measures proposed by the applicant in the Lizard Protection Plan, except for the timing of the works. Removal of the bank should not take place after October, or indeed after temperatures drop below 6 degrees, because lizards could be hibernating and unable to move out of the way. Given that this recommendation is made in late September, the timeframe available for the works to take place this year is very limited and helpfully, the Ecosystem Policy Team has indicated that its Officers would liaise with the applicant directly if he wishes to proceed with bank clearance immediately. Otherwise, conditions are suggested to require the bank to be removed following hibernation. - 7.10 The provision of the Lizard Protection Plan and the survey work included therein demonstrates a commitment to deal appropriately with the important ecology of the area. Therefore, with appropriate conditions, the proposed development would not adversely affect species and habitats of national importance and it would thus comply with Environment Policies 4 and 5 of the Strategic Plan. There would also be no conflict with the provisions of the Wildlife Act 1990. Other Issues - 7.11 The nearest residential properties to the proposed new building would be the applicant's own farmhouse, some 80m to the north, and the neighbouring converted barn/holiday let. Given that the new building would have a separate access, living conditions at these properties would not be significantly affected. - 7.12 The Highways Drainage Team has provided advice in relation to the discharge of water onto the highway. It is recommended that this is provided to the applicant notwithstanding that his supporting statement does indicate that rainwater would be harvested into a retention tank for use on the site.
8.1 For the reasons given above, the proposed development is essential for the conduct of agriculture and it would be sited in a practical location which would also minimise its impact upon the landscape and general character and appearance of the area. With appropriate conditions, the development would not adversely affect the ecology of the area and it would cause no harm in respect of residential amenity. It would therefore be justified in the countryside and comply with relevant Development Plan policy and legislation. It is consequently recommended for approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 24.09.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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