13 May 2014 · Minister for Local Government and the Environment - following Independent Inspector's recommendation
Ballanybaa, Blue Point Road, The Lhen, Ramsey, Isle Of Man, IM7 3eq
The proposal sought approval in principle for a single-storey farm worker's dwelling with detached garage on unzoned 'White Land' in a High Landscape Value area adjacent to an approved agricultural barn.
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The Inspector found the site on exposed hillside contrary to ENV2 as it harmed open landscape character despite screening, not visible from highway but prominent from distance.
General Policy 3
Restricts development outside zoned areas except essential ag housing (HP7-10). Inspector found no essential need proven as owned land insufficient, tenancies short-term.
Environment Policy 2
Protects AHLV landscape unless no harm or essential location. Inspector ruled exposed hillside harms character despite screening; location not essential.
Housing Policy 7
New ag dwellings only in exceptional circumstances with real need. Owned land 0.37 units insufficient; rented land insecure, business unproven.
Housing Policy 8
Occupancy restriction for ag workers. Not reached as principle refused.
Housing Policy 9
Siting near farm buildings, set back from highway, existing access. Sites adjoin barn/existing access but highway proximity noted.
No objection subject to visibility condition
No objection if no alternative accommodation available
DEFA Agricultural Advisor supports the application based on 1.19 standard labour units from 81 acres at Balla Ny Baa with beef cows and horse livery, conditional on vacating Kerrowgarroo farm; Highways has no objection despite substandard visibility splays; Manx Electricity Autho…
DEFA Agricultural Advisor (Chris Kneale)
Conditional No Objectionthe proposed dwelling at Balla Ny Baa has sufficient agricultural justification for a dwelling; The farming enterprise at Balla Ny Baa is large enough warrant full time labour unit; Based on this information and on the confirmation that Kerrowgarroo farm would be vacated... I would support this application
Conditions requested: confirmation that Kerrowgarroo farm would be vacated (at a practical date, i.e. 6 to 9 months post completion of any new dwelling)
Highways Division (Hazel Fletcher)
No Objectionwe have not objected to this application; the available visibility of around 80m would be so substandard as to justify the rejection of the proposal for this reason alone
Manx Electricity Authority
No CommentThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply
The original application for approval in principle for an agricultural worker's dwelling on a 31 ha farm holding was refused by the Planning Committee primarily because agricultural need was not adequately demonstrated and long-term farm viability was questioned, contrary to General Policy 3 and Housing Policy 7 of the IoMSP. The appellant argued for need based on cow welfare, time savings from living on-site, retirement plans to move from a rented farm, and DEFA's initial support. The inspector found DEFA's assessment flawed due to incorrect inclusion of non-existent livery services, deemed the need speculative rather than real or exceptional, and concluded it did not outweigh countryside protections. The Minister accepted the inspector's recommendation to dismiss the appeal on 2 September 2014, upholding the refusal.
Precedent Value
Demonstrates strict application of HP7 requiring real, exceptional agricultural need proven by accurate, site-verified labour assessments excluding speculative activities; future applicants must ensure DEFA visits site and calculations based solely on existing operations, with clear long-term viability evidence beyond retirement plans.
Inspector: Ruth V MacKenzie
