29 December 2005 · Committee
Barroose House, Barroose Road, Baldrine, Isle Of Man, IM4 6ar
The application sought retrospective planning permission for a marquee building erected within the curtilage of a detached dwelling in open countryside close to Baldrine. The site is elevated, and the building's size, position, and colour make it readily visible both locally and from a distance. The two decisive planning issues were whether the building could be justified in a countryside location and whether its visual impact was acceptable. The committee refused the application on both counts. Dog training — the stated use of the building — is not an agricultural activity, so there was no agricultural justification to override the general presumption against development in the countryside. The building was also found to be visually obtrusive, harming the character and appearance of the area.
The committee refused the application because the marquee is visually obtrusive by reason of its size, position, and colour on an elevated site, and because dog training does not constitute an agricultural activity, meaning there was no justification to permit a new building in the open countryside. The applicant was ordered to remove the structure within 56 days of the decision becoming final.
Condition 1
subject to the conditions specified on the attached schedule and numbered 1-3.
Condition 1
This approval relates to drawing no. 001 date stamped 21 October 2005 and shall inure for the sole benefit of the applicants, Mr and Mrs Sims, for a period of 5 years from the date of this permission, on expiry of which period the structure shall be dismantled and the frame, cladding and all other constituent materials shall be removed permanently from the site.
Condition 2
The structure hereby approved shall be used only by the applicants, Mr and Mrs I Sims, and solely for agility training of their own dogs. Other uses of whatever kind are not permitted, including the use of the structure by or on behalf of other persons for training or competition events.
Condition 3
Within four weeks of the date of the granting of this approval the applicants shall submit to the planning authority an accurate 1:500 scale survey of all existing trees within the application site with circumferences of 30cm or greater measured at the base of the bole. In the meantime and thereafter, no tree within the application site shall be felled, topped or lopped without the prior written consent of the Planning Authority.
