10 May 2024 · Committee
Field 434509, Bayrauyr Road, St Marks, Ballasalla, Isle Of Man, IM9 3at
The proposal was to erect an agricultural barn on a grassland field associated with Swallows Rest, a property on Bayrauyr Road, St Marks. The site lies in open countryside, away from the existing cluster of buildings at the southwest of the landholding. The application failed on two grounds. First, despite references to grazing land, trout ponds, and mature woodland in the supporting statement, no evidence was submitted to show that any agricultural activity was actually taking place or was planned. The officer concluded there was no demonstrated need for the building. Second, the proposed location was isolated from the existing building group at Swallows Rest and positioned close to the public highway, creating an unacceptable visual impact on the open countryside that the applicant's justification did not outweigh.
The Planning Committee refused the application because the applicant could not demonstrate that sufficient agricultural activity was occurring or planned on the land to justify a new barn, failing the essential need test under Spatial Policy 5 and Environment Policy 3(f). The building's proposed location, away from the existing building group and close to the highway, also caused unacceptable visual harm to the open countryside in breach of Environment Policy 15.
Refusal Reasons
Spatial Policy 5
failing to comply with Spatial Policy 5
Environment Policy 3(f)
failing to comply with Spatial Policy 5 and Environment Policy 3(f) of the Strategic Plan
Environment Policy 15
failing Environment Policy 15 of the Strategic Plan
Environment Policy 15: Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this developme nt including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new d evelopments are sympathetic to the landscape and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to t he purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be b orne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape.
