13 February 2006 · Delegated
Ballamenagh Beg, Jurby Road, Sandygate, Ramsey, Isle Of Man, IM7 3ag
Permission was sought to erect an agricultural building at Ballamenagh Beg Farm, located on the Jurby Road near Sandygate in the parish of Lezayre on the Isle of Man. The farm already comprises three agricultural buildings and an agricultural worker's dwelling. The application was refused on 13 February 2006. The decisive issue was that an 11KV high-voltage overhead electricity line crosses the site. Emerging strategic planning policy protects land within 9 metres of either side of such lines from development, and the proposed building fell within this safeguarded zone. The officer's report also noted that the Manx Electricity Authority indicated the overhead line would need to be diverted to allow the development to go ahead, and that such a diversion could itself require planning permission.
The application was refused because an 11KV high-voltage overhead electricity line crosses the site. Planning policy safeguards land within 9 metres of either side of such lines from development, and the proposed agricultural building fell within that protected zone. Diverting the overhead line to allow the development to proceed would itself likely require a separate planning permission.
Refusal Reasons
General Policy 3
Isle of Man Strategic Plan (Modified Draft) 2004
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.
Policy EP18 (Isle of Man Strategic Plan Modified Draft)
Isle of Man Strategic Plan (Modified Draft) 2004
Environment Policy 18: Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies. 7.15 Equestrian Pursuits 7.15.1 Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within t he definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building grou ps, and designed not only to blend with their surroundings but also to suit their specific purpose.
Environment Policy 3 (Isle of Man Strategic Plan Modified Draft 2004)
Isle of Man Strategic Plan (Modified Draft) 2004
Energy Policy 3: In National Heritage Areas, areas of High Landscape or Coastal Value and Scenic Significance, near Ancient Monuments, Regi stered Buildings and in Conservation Areas, the Department will, when suitable opportunities arise, seek to have overhead Low Tension power lines located underground. 12.2.8 The Department is fully supportive of the need to secure greater energy efficien cy in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulat ions. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the bene fits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one. Accordingly:
Energy Policy 2
draft Strategic Plan
