7 June 2012 · Senior Planning Officer in accordance with the authority delegated to them under Article 3(13) of the Town and Country (Development Procedure) Order 2005
Fo Glion, Glen Rushen Road, Glen Maye, Isle Of Man, IM5 3ba
The proposal sought permission to convert the upper floor office space in a recently constructed detached double garage within the curtilage of Fo-Glion, a detached dwelling in rural Glen Maye, into tourist living accommodation featuring an ensuite, kitchen and living/sleeping area, accessed via an external staircase a…
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The officer concluded the self-contained tourist unit with ensuite, kitchen, living/sleeping area, balcony and unauthorised bridge access would function independently from the main dwelling, 'tantamou…
Environment Policy 1
Protects countryside (land outside settlements or not designated for development) for its own sake; development not permitted unless overriding national need outweighs protection and no alternative. Officer found no overriding national need for tourist unit, so contrary to policy.
Environment Policy 2
In AHLV areas, landscape character protection paramount unless development does not harm character/quality or location essential. Proposal would harm landscape character in AHLV and location not essential.
General Policy 3
Development not permitted outside zoned areas except specific exceptions (e.g. redundant rural building conversions per HP11). Tourist use via modern garage conversion not an exception as fails HP11 tests.
Housing Policy 4
New housing only in towns/villages or sustainable extensions, or countryside exceptions (agricultural, HP11 conversions, replacements). Self-contained unit tantamount to new countryside housing with no exception.
Housing Policy 11
Permits conversion of redundant rural buildings of architectural/historic/social interest if intact, suitable for dwelling, compatible uses/services. Modern garage recently built for garage/office, not redundant, lacks interest; policy applies via cross-reference to business policies for tourist use.
Recommend approval has no adverse traffic management, parking or road safety implications
fully supports the above planning application... in sympathy with the Department's policy to encourage quality tourist accommodation... need for further quality serviced accommodation in the Glen Maye area
Mixed responses to planning application 12/00619/C: Fire Service raised fire safety concerns requiring modifications, Patrick Parish Commissioners objected citing prior refusals and conflicting conditions, while Tourism Division supported and Highways Division recommended approval.
Key concern: Design contravenes Fire Service Regulations and Building Regulations
Isle of Man Fire Service Building Control
Conditional No Objectionthe design as proposed is in contravention of Fire Service Regulations and that of Building Regulations.; Fire service & building regulations would ask for the Kitchen to be separated from the rest of the room and/or located away from the main access to the accommodation.
Conditions requested: Kitchen to be separated from the rest of the room and/or located away from the main access; Heat detection system to be provided to the room and in the garage below; Building to be registered as bed & breakfast with Tourism Division and Isle of Man Fire Service under Fire Precautions Act 1975
Tourism Division
Supportthe Isle of Man Tourism, Department of Economic Development fully supports the above planning application.; The proposal is in sympathy with the Departments policy to encourage quality tourist accommodation
Patrick Parish Commissioners
ObjectionThe Commissioners therefore OBJECT to this Application which should be refused.; No mention is made of this Application on the Application Form for the instant matter.
Department of Infrastructure Highways Division
No ObjectionRecommend approval has no adverse traffic management, parking or road safety implications
Patrick Parish Commissioners
ObjectionThe Commissioners have nothing to add to their comments made in their letter of objection dated May 17th 2012
The original application (12/00619/C) to convert office space above a recently approved garage into occasional tourist bed and breakfast accommodation was refused by the Planning Authority for creating a potential new dwelling in the countryside, harming landscape character in an Area of High Landscape Value, and failing to meet criteria for building conversions under the Isle of Man Strategic Plan. The appellant argued it was not self-contained, lacked a full kitchen, would remain ancillary to the main house, met tourism demand, and cited precedents. The inspector rejected fears of it becoming a dwelling as speculative, but found the building not redundant from its approved domestic storage/home office uses and lacking architectural interest, breaching Business Policies 12/14, Housing Policy 11, General Policy 3, and Environment Policies 1/2. Potential for future replacement development or proliferation of similar buildings would harm the countryside. The Minister accepted the inspector's recommendation on 22 October 2012 to dismiss the appeal.
Precedent Value
Demonstrates strict enforcement of redundancy and architectural merit tests for conversions of modern rural buildings to tourism uses, even with economic support. Future applicants must provide robust evidence of original use redundancy and avoid recent constructions.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
