21 August 2012 · Minister for Infrastructure - Planning Committee refusal overturned on appeal
Mountain View, Sound Road, Glen Maye, Isle Of Man, IM5 3bj
The proposal sought approval in principle for a new dwelling within the garden of an existing modern bungalow on a site of just under 1 acre off Sound Road in Glen Maye. No details of size or precise location were provided, but the site was considered large enough, with one of two existing accesses dedicated to the new…
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The Planning Committee refused as the site is not designated for development on the 1982 Plan, lying in Woodland within High Landscape Value, and would extend built development into countryside, setti…
Environment Policy 5
Prohibits development causing unacceptable loss/damage to woodland, especially ancient/natural with amenity/conservation value. Officer noted likely removal of domestic/ornamental garden trees (not contributing to rural character); site in Woodland designation but no specific ancient woodland mentioned. Appeal Inspector found no tangible countryside harm.
Environment Policy 1
Presumes against development in countryside protected for its own sake. Site in wider High Landscape Value/Scenic Significance; officer argued no harm due to screening/domestic character; Committee/ supplementary report saw countryside extension; Inspector sided with officer on established settlement.
Environment Policy 2
Presumes against development in High Landscape Value areas unless no harm to character/quality or essential. Similar tensions as ENV1; appeal resolved no harm given post-1982 consolidation.
General Policy 3
Sets exceptions to presumption against development in undesignated countryside. Officer referenced for potential exceptions; not central to refusal but supported recommendation.
Reserved matters application time limit
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this notice.
Reserved matters approval
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called the "reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
Commencement time limit
The development to which this approval relates shall begin within 4 years of the date of this approval or within two years of the final approval of reserved matters, whichever is later.
Flood risk assessment
No development shall commence until there has been submitted to and approved in writing by the Planning Authority a Flood Risk Assessment including the method of surface water drainage.
Approved plans
This approval relates to the principle of the erection of a dwelling within the area shown on the submitted plan received by the Planning Authority on 20 April 2012 and plan reference 01 received on 16 July 2012.
No objection after submission of visibility splay information
No objection to development in principle providing reserved matters includes full flood risk assessment
Seeks consultation on electricity supplies (not material)
No comment
Multiple neighbouring residents strongly object to the application citing traffic hazards, flooding risks, drainage issues, lack of need, and green belt concerns; Highways Division defers due to insufficient visibility information; Water Authority has no objection subject to conditions; Manx Electricity Authority requests contact for supply and safety.
Key concern: insufficient information to evaluate visibility sight lines from the proposed dwellings onto the highway
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions
Conditions requested: full flood risk assessment as part of any subsequent detailed planning application; proposed development must be connected to the public sewer, full details of foul and surface water disposal routes must be submitted as part of any subsequent detailed planning application; NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Highways Division
No CommentDefer; 2 x 36 metres (23m minimum) required
Manx Electricity Authority
Conditional No ObjectionSee Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: applicant must contact the Authority; contact MEA Planning Department (Tel. 687781), to discuss the electricity supply; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site
The original application 12/00597/A for approval in principle for erection of a dwelling in the garden of Mountain View was refused by the Planning Committee on 21 August 2012 on grounds of extending built development into non-designated countryside and setting an unfortunate precedent. The appellant argued that changes since the 1982 Development Plan, including approved dwellings beyond the settlement boundary, had effectively extended Glen Maye to include the site, with no harm to countryside or landscape, supported by no objections from Highway or Water Authorities. The inspector agreed, finding the site within the actual settlement extent due to post-1982 changes, no tangible harm to 2007 Strategic Plan policies protecting countryside, adequate highways, manageable flood risks at detailed stage, and no farming inhibition, overriding the 1982 Plan breach. Local objectors raised highways, flood, drainage, and amenity concerns, but these were dismissed. The appeal was allowed subject to conditions including reserved matters approval and flood risk assessment.
Precedent Value
Appeals can succeed by demonstrating de facto settlement extension via post-plan changes where no tangible countryside harm, even overriding old zoning. Future applicants should prioritise site visits to prove domestic character and secure no-objection letters from consultees.
Inspector: Alan Langton
