19 October 2011 · Delegated - Development Control Manager (Jennifer Chance)
Harleys, Killane, Ballaugh, Isle Of Man, IM7 5bb
The application sought permission to build a detached 1.5 storey garage/store (10m x 9.8m, 6.1m ridge height, 149 sqm floor area) with office/sleeping space above, a new driveway with turning area, and extension of the residential curtilage into adjacent field 224042 behind the existing dormer bungalow.
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The officer assessed the proposal against GP3, ENV1 and ENV2, finding no exceptions applied as the site is unzoned White Land in AHLV countryside; the garage/office (149 sqm, larger than the 148 sqm h…
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. ag housing, rural conversions, replacements); proposal fits none as new build garage/office ancillary to existing dwelling in unzoned countryside, extending built form without improving landscape.
Environment Policy 1
Protects countryside/ecology for its own sake against adverse development unless overriding national need with no alternative; garage/curtilage extension adversely affects countryside without such justification.
Environment Policy 2
Prioritises landscape character protection in AHLV unless no harm or essential location; building's size/siting (149sqm, storey-and-half) harms open field character despite screening claims, visible from roads.
No opposition, subject to contacting Network Operations prior to highway works
No objections
Highways Division raised no objection subject to a condition requiring contact prior to highway works; Ballaugh Parish Commissioners had no objections; private individuals S.R. Skillicorn and Geoffrey Clark objected due to visual and landscape impacts.
Key concern: unnecessary urbanisation and visual intrusion into area of High Landscape Value and Scenic Significance
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Applicant shall contact Network Operations Section of the DOI prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
Ballaugh Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto.
S.R. Skillicorn
ObjectionThe new building would block out a lot of the most beautiful scenic views we have from our kitchen window.; this new garage block will be almost as large as the recently extended house and will have a visual impact
Geoffrey Clark
ObjectionThe site is within an area designated on the 1982 Development Plan as an area of High Landscape Value and Scenic Significance.; I find the change of use of the southern half of Field 224042 unacceptable as an unnecessary urbanisation and visual intrusion into the countryside
The original application PA 11/01229/B for erection of a detached garage and store with study/office above, creation of a vehicular access and drive, and extension of domestic curtilage was refused by the Development Control Manager on 19th October 2011 for reasons of unwarranted domestic intrusion into the countryside and a building tantamount to a dwelling, contrary to General Policy 3, Environment Policy 1 and Environment Policy 2 of the IoMSP 2007. The appellant argued need for garaging/storage, poor existing access, home working benefits, screening by planting, non-agricultural field history, and policy support for domestic outbuildings. The inspector found the proposals would undermine rural character through bulk/height of the building comparable to a dwelling, spread of domestication via new drive/curtilage extension, and conflict with countryside protection policies despite personal circumstances and access improvements. The appeal was heard at a public inquiry on 26 January 2012 following a site visit, with the inspector recommending dismissal, which the Minister accepted on 29 February 2012.
Precedent Value
Demonstrates strict application of GP3/EP1/EP2 in AHLV preventing domestic outbuildings of dwelling-like scale sited away from house, even with access/need arguments; future applicants should propose minimal structures within existing curtilage or demonstrate policy exceptions.