18 June 2013 · Planning Committee
Agricultural Building, Robin Hill Farm, Cronk Y Dhooney, Ballakilpheric, Colby, Isle Of Man, IM9 4bs
The site contains a large, unattractive agricultural building (21m x 18m x 6m) described as industrial-styled with rendered blockwork and corrugated roofing, located in a rural hamlet within open countryside and Incised Slopes landscape character area.
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The officer assessed the proposal against General Policy 3(c) which exceptionally permits development on previously developed land with redundant buildings where redevelopment improves the landscape, …
Rushen Parish Commissioners support the application; Highways Division raises concerns about access details; Water Authority has no objection subject to drainage conditions; Manx Electricity Authority requests contact for utilities; a public interest registration is noted but not a consultee response.
Key concern: insufficient access details including visibility splay, gate position and width
Rushen Parish Commissioners
SupportRushen Commissioners approved of and supported at Appeal the previous application for this barn to be demolished and replaced with a dwelling.; Rushen Commissioners support this application.; a new dwelling could only enhance the area as the present barn is large and unsightly
Conditions requested: any new dwelling must be built further back into the site so that it would not encroach in any way onto the lane; design is sympathetic to the other properties in this hamlet
Highways Division
ObjectionThere is insufficient detail to determine if the access is suitable; there should be a scale plan showing the visibility at the access, details of the gate and an access wide enough to serve 2 dwellings.; The gate should be set 6m back from the highway to prevent a waiting vehicle obstructing the passage of traffic while the gate is being opened or closed; a shared access should be 4.1m wide for the first 6m of its length to allow entering and exiting vehicles to pass.
Manx Electricity Authority
Conditional No ObjectionSee Note 1&2; There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6.
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions; A drainage communication Fee will be payable to the Isle of Man Water & Sewerage Authority in respect of this drainage connection.
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
The original application (10/01800/A) for approval in principle to replace a redundant agricultural shed with a detached dwelling was refused by the Planning Committee due to conflict with strategic policies on housing location in unzoned countryside areas not designated for development. The appellants argued the site qualified as previously developed land due to a prior 19th-century cottage, the shed's redundancy, visual and amenity improvements from replacement with a traditional Manx cottage, and no precedent risk. The Council defended the refusal citing exclusion of agricultural buildings from previously developed land definitions and unsustainability per the draft Southern Area Plan. The inspector found the proposal conflicted with General Policy 3, Housing Policy 4, and others, acknowledging merits like landscape enhancement but deeming them insufficient to override strategic housing location policies, recommending dismissal. The appeal was dismissed on 15th August 2011.
Precedent Value
This appeal demonstrates that even strong visual, amenity, and access merits from replacing ugly redundant agricultural sheds with traditional dwellings will not overcome conflicts with GP3/HP4 in unzoned countryside. Future applicants must show exceptional compliance with policy exceptions or focus on zoned areas to avoid dismissal.
Inspector: G Farrington
