28 March 2011 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Agricultural Building, Robin Hill Farm, Cronk Y Dhooney, Ballakilpheric, Colby, Isle Of Man, IM9 4bs
The proposal involved demolishing an existing large, unattractive brick agricultural shed (21m x 18m x 6m high) and replacing it with a smaller traditional single-storey dwelling (9.5m x 6m footprint, 6.9m ridge height) including a conservatory and porch, designed in a Manx vernacular style.
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The officer determined the site is not designated for development and the emerging Southern Area Plan explicitly advises against additional dwellings at Cronk y Dhooney due to unsustainability, poor a…
General Policy 3
GP3 prohibits development outside zoned areas except specific exceptions including previously developed land (PDL) at (c). Officer assessed the shed as agricultural (approved IDO 36160), explicitly excluded from PDL definition despite redundancy claims and brief non-ag use. No other exceptions applied (not ag worker housing, no architectural value for conversion, etc.). Failed as site undesignated countryside.
Environment Policy 1
Protects countryside for its own sake; development not permitted unless overriding national need with no alternative. Officer found no such need; proposal adversely affects countryside despite visual gains from shed removal.
Environment Policy 2
Protects landscape character in AHLV unless no harm or essential location. Site in High Landscape Value (Arbory/East Rushen LPlan) and Incised Slopes (draft SAP). Whilst small dwelling might not harm visually, weighed against unsustainability and precedent in policy context.
No objection to the principle. Noted proposed dwelling set back further, widening lane helpful for refuse vehicles.
No objection subject to conditions on connection to public sewer, no surface water to foul system, soakaway subject to Building Control.
No objection in principle but suggest stone for boundary wall and porch dwarf walls to maintain local character.
Rushen Parish Commissioners, Manx Electricity Authority, and Water & Sewerage Authority Drainage Division raised no objections (some conditional), while Highways Division deferred due to missing visibility sight lines; public representations included one objection and one supportive comment.
Key concern: No visibility sight lines shown from access
Rushen Parish Commissioners
No ObjectionNo objection to the principle. It is noted that the proposed dwelling would be built further back on the site and the lane would be wider - which would be very helpful to the refuse haulier who sometimes has difficulty negotiating this corner.
Manx Electricity Authority
Conditional No ObjectionSee Note 2; The 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.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines.; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site.
Water & Sewerage Authority Drainage Division
Conditional No ObjectionNo Objection: - subject to the following conditions; A Communication Fee will be payable to the Isle of Man Water & Sewerage Authority in respect of this drainage connection.
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority, Drainage Division and the Sewerage Act 1999.
Highways Division
ObjectionDefer; No visibility sight lines shown from access (minimum of 2 x 18 metres required)
The original application for approval in principle to replace a redundant agricultural shed with a dwelling was refused due to conflict with strategic housing location policies, unsustainability of the area per the draft Southern Area Plan, and precedent concerns. Appellants argued the shed's redundancy, visual improvements from replacement with a traditional Manx cottage, lane widening benefits, and qualification under General Policy 3(c) as previously developed land due to a prior 19th-century cottage. The Inspector acknowledged merits including landscape enhancement and amenity benefits but found these carried considerable weight yet insufficient to override conflicts with General Policy 3, Environmental Policies 1 & 2, and Housing Policy 4, plus precedent risks across rural areas. The appeal was dismissed on 15th August 2011.
Precedent Value
This appeal demonstrates that even strong visual and access merits from replacing ugly redundant agricultural sheds with traditional dwellings in AHLVSS cannot overcome strict strategic housing location policies (GP3 etc.) in unzoned rural areas. Future applicants must show exceptional compliance with policy exceptions rather than balancing benefits.
Inspector: G Farrington
