28 January 2013 · Council of Ministers
Field 234267, Main Road, Kirk Michael, Isle Of Man, IM6 1hz
The proposal involved 95 homes (24 affordable) on land mostly zoned 'Predominantly Residential' in the Kirk Michael Local Plan, including parts of school grounds, playground, fields and highway verge on the southeastern edge of Kirk Michael village.
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The inspector weighed positives including residential zoning (principle acceptable despite school field breach), housing need (95 homes including 24 affordable meeting IoMSP targets), layout generally…
Environment Policy 35
Requires development in CA to preserve/enhance character and protect special features. Inspector found school field/Douglas Corner urbanised (road/lights) fails to preserve semi-rural 'village green'; Fair Field narrowed by walls—cumulative harm.
Environment Policy 36
Outside CA but close: no detrimental effect on important views in/out. Dwellings intrude foreground views out from playground/Fair Field/Corner to hills; roofs/gables disrupt despite amendments (e.g. plot 100 removed).
General Policy 2
Requires compliance with zoning/other policies and criteria (design, amenity, highways). Layout/amenity/parking/open space met most criteria but failed on landscape/townscape character (density contrast, sod banks loss 300m), CA impact.
Recreation Policy 2
Protects open space unless equivalent/better replacement with community gain. School field loss (0.25ha) offset by 0.81ha new facilities + public space; overall gain.
Policy 5.7 Kirk Michael Local Plan
Area (v) 'Predominantly Residential'—most significant development area; consider bypass, no estate road to it. Principle ok but junction prejudices bypass.
Policy 5.14 Kirk Michael Local Plan
Development east of built-up area regard bypass suggestion. Junction commits prematurely without policy commitment.
Neutral facts on zoning/policies; no formal objection
Junction within capacity; signals safer than crossroads; accords with guidelines
Flood Risk Assessment acceptable; no objection to drainage
Zoning supports principle; meets housing need; design/open space compliant; highways safe
Multiple private objectors submitted detailed representations strongly objecting to planning application 12/00573/B for 95 dwellings in Kirk Michael, citing breaches of planning policies, impacts on conservation area, traffic safety, sewage infrastructure, and prematurity ahead of the Western Area Plan.
Key concern: development on unzoned land in Conservation Area at Douglas Road Corner breaching Strategic Plan policies and previous Inspector's refusal reasons
Andrew and Sally Roberts
Objection"we strongly object to a new junction at Douglas Road Corner and a road leading from it through land which is in the Conservation Area and zoned for Education not residential land."; "It would be unwise to introduce traffic signals at Douglas Road Corner and that this is a significant factor against the scheme."; "the density of new housing should be at the absolute minimum no greater than the adjacent existing housing"
Tim Roberts
Objection"This application is essentially a resubmission of a previous application, number 11/01250/B. Only very minor changes to the old application have been made."; "building a housing development on a green space with panoramic views of the hillsides is the exact opposite of preserving its character."
Dr G and Mrs P Naylor
Objection"The proposed development would NOT be in accordance with the policies of the Strategic Plan nor with the provisos of General Policy 2."; "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan"
James Bassett
Objection"It clearly states in planning law that any new application for planning permission should be substantially different to a previously rejected application."; "the existence of a conservation zone was completely meaningless."
Iain and Marjorie Forrest
Objection"this current proposal is not significantly different from the application turned down by the independent planning inspector earlier this year."; "on overall balance I recommend against this scheme, both on its own merits and because the road access should be determined only following a firm decision one way or the other regarding a bypass."
The original application PA11/01250/B for 100 dwellings with infrastructure, school improvements, open space was refused (reasons not explicitly stated in report). Appellant Heritage Homes Ltd argued compliance with Kirk Michael Local Plan residential zoning, IoMSP housing needs, beneficial school land swap, adequate traffic capacity, design quality, open space, and conservation area enhancement via bypass provision. Council and objectors opposed on zoning expiry, housing caps, traffic dangers especially TT events/school, conservation harm to village corner views, temporary sewage plant nuisance, flood risk, countryside policy breach. Inspector found strong support from zoning, housing/affordable need, school benefits, but concluded significant harm from unwise traffic signals at busy corner near school, loss of informal rural character at key CA viewpoint (Douglas Road Corner), over-engineered access premature without bypass commitment, and density stratification issues. Recommended refusal, no final decision stated.
Precedent Value
Demonstrates even strong zoning/housing need insufficient if scheme harms CA character or introduces inappropriate infrastructure at sensitive locations; future applicants must ensure access solutions avoid prematurity re strategic infrastructure like bypasses and prioritise roundabout over signals in low-volume village settings.
