23 February 2022 · Head of Development Management (Stephen Butler)
Agricultural Building, Mylvoirrey, Glen Road, Ballaugh, Isle Of Man, IM7 5jd
The proposal involves building a steel portal frame agricultural barn clad in dark green box profile metal sheets, with a footprint of 9.1m x 18.4m, 4.2m eaves height and 5.5m ridge height, including 8 roof lights, sited on existing crushed rubble hardstanding within an active farmyard for lambing and winter housing of…
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The officer determined there is a proven agricultural need sufficient to outweigh the general presumption against countryside development under General Policy 3f, based on the applicant's 25.5 acres o…
General Policy 3
Provides exceptions for agricultural development in countryside where essential need outweighs general policy against development (para f). Officer assessed applicant's livestock numbers, land holdings, and specific need for lambing/winter housing as sufficient justification, confirmed by site visit showing active farm use.
Environment Policy 1
Protects countryside and ecology from adverse effects. Proposal sited within existing farm cluster, not open countryside, with no demonstrable harm from scale or use; integrates without intrusion.
Environment Policy 2
Protects Areas of High Landscape Value (AHLV). Building read as part of working farm, partially screened from highway, matching existing barns in style/colour; no harm to landscape character.
Environment Policy 15
Requires agricultural buildings sited close to farmstead, appropriate scale/design/materials/colour/form, minimal visual impact, no conflicts with residences. Siting ~10m from barns/~8m from farmhouse deemed appropriate; green cladding matches surroundings; neighbour separation screened.
Environment Policy 21
Design of agricultural buildings. Steel frame with box profile sheeting suitable for purpose, in keeping with existing farm structures.
Environment Policy 22
Protects from environmental harm (vibration, odour, noise, light). Existing farm activities already present; no new nuisances; no privacy/overlooking issues.
Environment Policy 7
Protection of watercourses. Soakaway drainage; no pollution history per consultees; other barns closer to Glen Dhoo.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Agricultural use only
The buildings must be used only for agricultural purposes. Reason: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.
Dark green materials
The external walls and roof on the new building must be a dark green colour and the roof a dark green colour all being retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
Removal if agricultural use ceases
In the event that the building hereby approved is not used or required for agricultural purposes for a period exceeding 12 months, the agricultural buildings hereby approved shall be removed and the ground restored to its former condition within 18 months of its last use. Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
no Highways Interest
One private individual objected due to proximity, noise, and smell concerns, while DOI Highways Division had no highways interest and did not oppose the related appeal.
Key concern: proximity of boundary, noise and smell from farm activities
Faaie Wyllin resident (property owner)
ObjectionI object to the above planning application due to the proximity of my boundary , noise smell etc.; It's one thing to expect to hear noises and smells when living in the countryside but it's another to feel like your living in a working farmyard
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; DNO - Do not oppose
Highway Services (Sheila Henley)
No Objectionwe do not oppose the appeal to be undertaken by written submission; we do not intend making a statement
The original application for erection of a detached agricultural building was approved by the Head of Development Management on 23 February 2022, finding it compliant with policies on agricultural need, visual impact, residential amenity, and environment. Neighbour Mr Peter Nuttall appealed on grounds of unacceptable noise, odour, visual dominance, and residential amenity harm due to proximity (8-10m). The applicant and planning authority defended the approval, emphasising existing farm activities, no intensification of impacts, boundary screening, and policy compliance. Inspector Brian J Sims conducted a site visit on 31 May 2022, assessed the sole issue of residential amenity, found no unacceptable increased adverse impact from noise, smell or dominance, and recommended dismissal. Minister accepted the recommendation on 11 August 2022, upholding approval with conditions.
Precedent Value
Confirms approvals of agricultural buildings in established farmyards near homes if no material intensification of existing amenity impacts, supported by robust need evidence and conditions. Future applicants should document baseline farm operations and quantify any changes.
Inspector: Brian J Sims