25 April 2018 · Planning Committee
Palm Court, Coast Road, Jurby, Isle Of Man, IM7 3et
The proposal involved demolishing Palm Court, a single vacant rural dwelling, and the disused Jurby Garage to build ten dwellings: two larger detached houses with garages on the garage site and eight terraced houses on the Palm Court site, with associated parking and accesses off Coast Road (A10) and Jurby Road (A14).
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The site is unzoned for development per the 1982 Development Plan and lies in open countryside, including an Area of High Landscape or Coastal Value.
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily within existing towns and villages, with countryside development only in exceptional circumstances per General Policy 3. Officer assessed the proposal as conflicting due to open countryside location without qualifying exceptions.
General Policy 3
Presumption against development outside zoned areas unless listed exceptions apply. Site unzoned; no exceptions met for residential proposal, forming core of refusal reason.
Environment Policy 1
Protects general open countryside unless overriding national need with no alternative. Proposal lacks such justification.
Environment Policy 2
Prioritises protection of landscape character in AHLVs. Site within AHLV; development conflicts without overriding need.
Housing Policy 4
New housing primarily in towns/villages; countryside only for agriculture, conversions, or like-for-like replacements. Proposal for ten dwellings exceeds single replacement allowed for Palm Court; key refusal policy.
Strategic Policy 1
Promotes reuse of previously developed land. Garage site qualifies, but outweighed by overall countryside policy conflicts.
Housing Policy 12
Like-for-like replacement of existing rural dwellings. Does not permit one Palm Court dwelling replaced by eight.
Housing Policy 13
Replacement of abandoned rural dwellings, like-for-like only. Palm Court potentially abandoned but limited to single replacement.
approve of the proposed development in principle; requested condition for demolition of buildings, clearance of site, removal of vehicles currently parked/stored and prevention in future
request that a section 13 agreement be entered into if approval is given, for 25% affordable housing
Public Estates and Housing Division requests a Section 13 Agreement for 25% affordable housing; Jurby Parish Commissioners support in principle with conditions for site clearance and demolition; Highways Division defers awaiting further information.
Public Estates and Housing Division
Conditional No Objectionthe department would therefore request that consideration be given by the Planning committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation, of 25% of the number of units approved within the application.
Conditions requested: applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation, of 25% of the number of units approved
Jurby Parish Commissioners
Conditional No ObjectionThe Commissioners approve of the proposed development in principle; within three months of the approval becoming effective, the applicant be instructed to submit a Demolition Order to have Palm Court and Jurby Garage demolished and all vehicles whether of a scrap nature or otherwise removed from the whole site and site levelled and made secure from the public with no further vehicles being permitted to be parked or stored on the cleared site. The reason being in the interests of the area and environment.
Conditions requested: within three months of the approval becoming effective, the applicant be instructed to submit a Demolition Order to have Palm Court and Jurby Garage demolished and all vehicles whether of a scrap nature or otherwise removed from the whole site and site levelled and made secure from the public with no further vehicles being permitted to be parked or stored on the cleared site
Department of Infrastructure Highways Division
No CommentDefer - awaiting information; Highways input deferred pending further information/input
The original application for approval in principle for residential development, including siting, design and access, was refused by DEFA as the site was in open countryside/AHLV outside settlement boundaries. The appellant argued the site qualified as previously developed land within Jurby settlement per the Jurby Study, would improve a local eyesore, meet housing needs, and provide safe access. The inspector agreed the entire site qualified for redevelopment under GP3(c), supported by Spatial Policy 3 and the Jurby Study, found it capable of safe access/parking and acceptable visual impact with redesign, and noted benefits from reusing under-used land. The appeal was allowed subject to conditions including reserved matters, contamination remediation, drainage, tree protection, and affordable housing arrangements if 8+ dwellings approved.
Precedent Value
Demonstrates inspectors will treat curtilage of redundant rural dwellings as PDL for countryside redevelopment if reducing impact; non-statutory studies cited in SP carry material weight when no Area Plan exists; approval in principle succeeds by leaving details flexible for highway/AHLV compliance.
Inspector: Brian J Sims
