29 July 2011 · Director of Planning and Building Control (Michael Gallagher)
Virginia Farm House, Mount Rule, Douglas, Isle Of Man, IM4 4hw
The proposal involved a large two-storey dwelling with attic accommodation, integral garage, parking and landscaping on a 2.09 hectare site currently occupied by disused greenhouses (built 1991) in an area designated as Open Space (agricultural) under the Braddan Parish District Local Plan.
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The site is designated Open Space (agricultural) under the Braddan Parish District Local Plan, with a 'long established presumption against the development of such land' per Planning Circular 6/91 and…
Policy 5.4 A policy of refurbishment and amalgamation of existing properties in the Conservation Area will apply
Restricts residential development to avoid encroachment into rural areas, except south of Cronkbourne Village. Officer assessed site as outside designated areas, confirming no further residential development permitted.
Policy 5.8 of Planning Circular 6/91
Refers to circulars on countryside housing (1/88, 3/88, etc.) setting strict policy to be respected. Officer applied as establishing 'long established presumption against' such development on open space sites.
Castletown Local Plan Policy 13.4
Permits no further countryside development except for strategic/national needs or essential agriculture; open space areas must be respected. Proposal failed as unwarranted residential intrusion.
Port Erin Local Plan Policy 13.5
Cited in refusal; part of countryside protections in Circular 6/91. Contributed to finding of policy conflict.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages; countryside only in exceptional cases per para 6.3. Site failed as no exception applied.
Spatial Policy 5
Development in defined settlements or per General Policy 3 in countryside. Proposal outside settlements and failed GP3 tests.
General Policy 3
Lists exceptions including previously developed land (c) where redundant use and redevelopment improves landscape. Greenhouses excluded as agricultural; dwelling would increase (not reduce) impact—no improvement to landscape.
Environment Policy 1
Protects countryside outside settlements; no adverse development unless overriding national need with no alternative. Proposal adversely affected countryside without justification.
Housing Policy 4
New housing primarily in towns/villages or urban extensions; countryside only for essential agricultural, conversions or replacements. Proposal fitted none of these exceptions.
Do not oppose—has no adverse traffic management, parking or road safety implications
Comments received—request consultation on electricity supplies (not a material planning consideration)
Braddan Parish Commissioners and Community Planning Service objected to the application due to the site not being zoned for development and being contrary to countryside housing policies; Highways Division had no objection, while Manx Electricity Authority requested contact for supply, and Water Authority sought deferral for flood risk information.
Key concern: Site not zoned for development and contrary to Strategic Plan and countryside housing policy
Braddan Parish Commissioners
ObjectionThe Commissioners had an objection to the following planning application:- PA11 00850 - Mr R Brown - Erection of a dwelling with integral garage associated parking and landscaping - Mount Rule Nursery Mount Rule; This site is not zoned for development and contrary to the Strategic Plan and Policy on houses in the countryside.
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2; 2. Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this 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 for this application
Community Planning Service
ObjectionThis site is not zoned for development on the 1982 Development Plan nor even identified in Planning Circular 6/91 The Braddan Local Plan, or the Public Rights of Way 1991 maps as a developed site.; Why the greenhouses were approved is a mystery. They were quite recent but now abandoned so were never a viable scheme.; If they are not now viable they should be cleared and the land returned to agriculture, not developed as residential.
Highways Division
No ObjectionDo not oppose has no adverse traffic management, parking or road safety implications
Isle of Man Water and Sewerage Authority
No CommentP.A 11/0850 Erection of a dwelling with integral garage, associated parking and landscaping, Mount Rule Nursery Mount Rule, Braddan. The Authority's Land Drainage Section have requested a flood risk statement's along with a cross sectional drawing to support the statement. Both these applications have water courses running through the sites.; 11/0850 Flood risk not complete water course through site waiting for flow path and stream cross sectional drawing.
Conditions requested: defer; The Authority's Land Drainage Section have requested a flood risk statement along with a cross sectional drawing to support the statement; waiting for flow path and stream cross sectional drawing
The original application for erection of a dwelling with integral garage, parking and landscaping at Mount Rule Nursery was refused due to its location in designated Open Space (agricultural) land and harm to countryside character. The appellant argued the site was established for commercial uses, the dwelling would improve appearance over derelict greenhouses and commercial clutter, and it aligned with government aims to attract high net worth individuals. The inspector found the proposal contrary to policies in Planning Circular 6/91 and Isle of Man Strategic Plan 2007, with the dwelling's bulk, massing and height creating greater visual harm than existing low greenhouses, despite some site improvements. No special circumstances outweighed policy objections, including lack of formal policy support for 'Freedom to Flourish'. The inspector recommended dismissal, which the Minister accepted on 19 December 2011.
Precedent Value
This appeal reinforces strict application of Open Space (agricultural) protections, excluding greenhouses and ad-hoc commercial uses from 'previously developed land' exceptions. Future applicants must demonstrate site-specific design and special circumstances outweighing policy harm, not rely on economic viability arguments or non-statutory government aims.
Inspector: Anthony J Wharton
