27 February 2012 · Council of Ministers
Field 234267, Main Road, Kirk Michael, Isle Of Man, IM6 1hz
The proposal involved building 100 new homes (including 25 affordable units) on 8.2 ha of mostly agricultural land zoned for residential use under the 1994 Kirk Michael Local Plan, incorporating a land swap to expand school facilities and create access via a new junction at Douglas Road Corner with traffic signals.
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The Inspector concluded the scheme would fail IoMSP Environment Policies 35 and 36 by not preserving or enhancing the Kirk Michael Conservation Area's character, particularly eroding the informal 'vil…
General Policy 2
Requires development that respects local character, provides good amenity and does not harm landscape/townscape. Inspector found conflict due to Conservation Area harm and density contrasts creating undesirable residential character split.
General Policy 3
Protects unzoned countryside; site compounds on unzoned land conflicted but exceptionally justifiable if phased/restored, though larger area risked prejudicing future boundaries.
Environment Policy 35
Within CA, development must preserve/enhance character; junction/unit 100 eroded informal Douglas Road Corner and views, failing to protect special features.
Environment Policy 36
Outside CA but close, must not harm important views in/out; houses interrupted key hill views over school field/Fair Field from CA.
Environment Policy 42
New development in settlements must respect locality character; scheme harmed Kirk Michael's sense of place via backland feel, density stratification.
Recreation Policy 2
Permits open space loss if replaced equivalently with community gain; school land swap provided net gain (2.01 vs 0.63 acres) without local shortage.
Strategic Policy 3 - To respect the character of our towns and villages
Service villages like Kirk Michael for housing to meet local needs/broaden choice; site zoned since 1994 within boundary.
Housing Policy 5
Requires affordable in larger schemes; 25 units (25%) via s13 agreement, though Inspector noted lack of public rented tempered support.
no objection to junction design, requests standard conditions
no objection subject to conditions on temporary plant, no surface water to foul, adoption agreement
scheme accords with zoning, meets housing need, benefits school
Original application PA11/01250/B for 100 dwellings on zoned land plus school playing field and playground in Kirk Michael service village was refused (reasons not explicitly stated). Appellant Heritage Homes Ltd argued compliance with KMLP residential zoning, IoMSP housing need exceeding targets, beneficial school land swap, adequate traffic signals, temporary sewage plant, and no harm to Conservation Area. Council/Commissioners and third parties objected on prematurity pending Area Plan, traffic dangers especially TT/mountain closures, high density, loss of CA views, drainage issues, exceeding housing allocations. Inspector found housing need supported development, land swap beneficial, drainage acceptable with conditions, residential amenity satisfactory despite density variation, but access road at Douglas Road Corner harmfully premature without bypass commitment, degrading CA character and visual links to hills; recommended against permission.
Precedent Value
Dismissal shows access roads designed to future strategic routes (e.g. bypass) require firm policy commitment; cannot prematurely commit without funding/land allocations. Future applicants must secure infrastructure decisions first, especially in CA/service villages.
Inspector: Alan Langton
