21 May 2014 · Head of Development Management (delegated powers)
Field Number 134889, Lezayre Road, Glen Tramman, Ramsey, Isle Of Man, IM7 2aw
The application sought permission to erect a small timber shed (3.6m x 2.4m x 2.4m high) for selling free range eggs and seasonal vegetables, plus a 14m x 14m gravel area for parking and turning, in a field designated as Woodland within High Landscape Value and Scenic Significance.
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The officer assessed three key issues: farm shop principle, visual impact, and highway safety. On retail, Environment Policy 18 requires farm retailing (beyond ancillary on-site produce sales) to foll…
General Policy 3
Restricts development outside zoned areas except specific exceptions like essential agricultural buildings. Officer found farm shop does not qualify as it is premature retailing, not essential agriculture, failing the policy's countryside protection test.
Environment Policy 1
Protects countryside from adverse development unless overriding national need with no alternative. Shed and hardstanding harm countryside ecology/character without justification, directly contravening policy.
Environment Policy 2
Prioritises landscape character in High Landscape Value areas unless no harm or location essential. Proposal harms character (visible shed/hardstanding in field) and location not essential for retailing, failing both tests.
Environment Policy 18
Farm retailing beyond ancillary on-site produce sales subject to general retail policies. Lacking evidence all produce (e.g. eggs) on-site, proposal treated as non-ancillary retail, contravening policy.
Transport Policy 4
Highways must safely accommodate development traffic. Access fails visibility splays/width standards, increasing risks on TT Course, with no demonstration of achievability.
Business Policy 10
Retail permitted only in town/village centres (exceptions not applicable). Farm shop as non-ancillary retail belongs in centres, not rural field.
Business Policy 5
Allows limited retailing on industrial land if on-site production or bulky goods. Not relevant as site not zoned industrial.
No comments on merits but request informative note
Highways Division recommends refusal due to inadequate access visibility and traffic concerns on TT Course; Lezayre Parish Commissioners refused by 3-2 majority over dangerous access; Manx Electricity Authority requests contact for utilities.
Key concern: Inadequate access visibility splays of 2.4 x 215m and traffic increase on TT Course
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Highways Division
ObjectionRecommend Refusal; The site is situated on the TT Course and strategic route. This proposal is likely to increase vehicular movement.; The access would have to meet the required visibility splays of 2.4 x 215 metres in both directions.; Access would have to accommodate two way traffic flow to avoid traffic, a minimum of 4.1 metres for the first 6 metres.
Lezayre Parish Commissioners
ObjectionRefused 3-2 Majority; The Commissioners have concerns regarding the access and egress to and from the main road which they feel is dangerous. The Lezayre Road is busy with a 50mph speed limit. Visitors to the potential shop will increase the volume of traffic.
The original application 11/01770/B sought approval to replace an existing portakabin with a timber grain store and create a hardcore track (partially retrospective) at Field 134889, Lezayre Road, Glen Tramman, Ramsey, which was approved by the Planning Committee but appealed by neighbour Mr M D Jones. The appellant argued discrepancies in the decision notice, non-compliance with conditions, flooding risks, and noise/disturbance issues. The Planning Division defended the approval as compliant with agricultural policies GP3 and EP15, smaller than a prior refused scheme, and separate from enforcement issues. The inspector agreed the proposals were for agricultural purposes, reasonable in scale, and preferable to the existing setup, but noted ongoing non-agricultural storage issues requiring enforcement; the appeal was dismissed, confirming approval with stricter conditions on timing, removal of non-agricultural items, building position, and finishes.
Precedent Value
Appeals against agricultural approvals in unzoned areas succeed only if non-compliance with GP3/EP15 proven; enforcement must be pursued separately without blocking compliant proposals. Future applicants should ensure clear agricultural justification and small-scale appropriateness, while neighbours should focus on policy breaches rather than ancillary issues like noise.
Inspector: David G Hollis
