13 July 2004 · Minister for Local Government and the Environment (following Planning Committee approval, review, and dismissal of Lezayre Parish Commissioners' appeal per Inspector's recommendation)
Land On Sky Hill Comprising Of Fields 132161-134439 & 134442, Lezayre Church Road, Churchtown, Ramsey, Isle Of Man, IM7 2an
The proposal involved demolishing existing dilapidated single-storey storage buildings (timber frame with PVC cover and corrugated iron roof) and replacing them with a new two-storey steel portal frame building dug into the hillside for secure storage of machinery, quad bikes, motocross bikes, and operational facilitie…
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The site has authorised leisure use for 15 years (PA 89/1701 at review), making some storage/operational building reasonable despite no prior approval for existing structures (in place >5 years, immun…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no.s 2702/1 and 2702/2 date stamped the 1st April 2004.
Use restriction
The building hereby approved must only be used for storage and operational purposes associated to the leisure activity use of the adjacent land.
No external storage
Outside of the hours of operation of any leisure activity event associated with the adjacent land there must be no external storage of items of equipment and vehicles on the site.
Bio-disc details
Prior to the commencement of development details of the Bio-disc Sewerage Treatment Unit must be submitted to and agreed by the Planning Authority.
Materials approval
Prior to the commencement of development a sample of the material of construction and colour must be submitted to and agreed by the Planning Authority.
Block plan
Prior to the commencement of development, a 1:500 block plan showing the precise location of the proposed building in relation to the site boundaries must be submitted to and approved by the Planning Authority.
Floor levels
Prior to the commencement of development details of proposed floor levels relative to existing and proposed ground levels co-related to data on Department mapping must be submitted to and approved by the Planning Authority.
Demolition of existing
The existing structures must be removed from the site prior to the commencement of development.
No adverse traffic impacts
acceptable subject to installation of mains wired interconnected domestic smoke detection to BS 5446
Lezayre Commissioners strongly object to the application citing illegal existing structures, inadequate site plans, landscape impact, and historical non-compliance; DoT Highways has no objection on traffic grounds; Fire Service has no further comments beyond initial observations.
Key concern: existing structures illegal without planning permission, making 'replacement' inappropriate
Lezayre Parish Commissioners
ObjectionThe buildings at present on site do not seem to have had planning permission therefore "replacement" is not appropriate; a large permanent two-storeyed structure should [not] be sanctioned in an area designated as High Landscape and Scenic Significance. It would then become a permanent blot on the landscape; Granting this application would mean another industrial-type building would intrude into the countryside especially undesirable in an area of High Landscape and Scenic Value; The so-called "replacement (sic) building PA 04/00660/B is no such thing. What is proposed is a permanent structure to "replace" a temporary one with no planning permission
DoT Highways Division
No ObjectionNo adverse traffic impacts
Isle of Man Fire And Rescue Service
No CommentI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration
The original application (04/00660/B) for a two-storey storage building to replace existing unauthorised structures used for leisure activities was approved by the Planning Committee on 13 July 2004 and confirmed at review on 9 September 2004. Lezayre Parish Commissioners appealed, arguing visual intrusion in AHLVSS, unauthorised existing structures, inadequate plans, drainage issues, and industrial character. The applicant and Planning Committee defended the proposal as screened by topography and vegetation, necessary for established leisure uses, with existing structures immune from enforcement. The Inspector found the site authorised for leisure activities for 15 years, the proposed building reasonably required and visually screened, dismissing other concerns as immaterial. The appeal was recommended to fail, upholding approval with reinforced conditions.
Precedent Value
This appeal shows that replacement of longstanding unauthorised ancillary structures with permanent buildings can succeed in AHLVSS if visually screened, necessary for established uses, and controlled by conditions. Applicants should provide location plans showing screening and accept building control for technical details.
Inspector: G Farrington
