20 March 2014 · Minister for Infrastructure, the Hon L D Skelly MHK (appeal decision confirming Planning Authority refusal)
Field 614992, Postal Locality, Glen Roy, Laxey, Isle Of Man, IM4 7qb
The site is two small parcels of land (0.08 hectares) in Glen Roy valley, containing an old Nissen Hut (4m x 4.1m) used historically for storage and workshop purposes, surrounded by woodland and adjacent to a river and narrow lane.
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The Planning Authority and Inspector considered the site within open countryside and AHLCVSS where development is strictly controlled to protect the land for its own sake, and the proposal did not mee…
General Policy 3
Limits countryside development to specific exceptions including (c) proposals on previously developed land containing a significant amount of building that reduce landscape impact. Officer/Inspector assessed the small Nissen Hut as insignificant and excluded (forestry-related); replacement dwelling would increase rather than improve landscape impact.
Environment Policy 1
Requires protection of countryside for its own sake unless overriding national need. Site in countryside/AHLCVSS; no such need shown, harm to landscape character outweighed other factors.
Environment Policy 2
Protects AHLCVSS where landscape character is most important consideration. Proposal would harm character/appearance; location not essential.
Strategic Policy 1
Directs development to zoned areas. Site in open countryside, no exception met.
Strategic Policy 2 - Priority for new development to identified towns and villages
Preserves countryside. Proposal conflicts as non-essential development.
Spatial Policy 5
Locates development in settlements per GP3. Site isolated, not in settlement.
Strategic Policy 10
Promotes integrated transport, minimises car journeys. Remote site unsustainable.
unanimously agreed that they would not oppose an application in principle, subject to detail, for the proposed development indicated in your plans and simulated images
no objections
proposal is acceptable in principle
satisfied that there would not be any adverse impact on the watercourse or fish population
usual advisory note
Lonan Commissioners unanimously agreed not to oppose the approval in principle for replacing the Nissan Hut with a dormer bungalow at Glen Roy Workshop, subject to detail.
Lonan Commissioners
Conditional No Objectionthey unanimously agreed that they would not oppose an application in principle, subject to detail; Their decision was based solely on the information before them and that there would not be any material alterations to the final application
Conditions requested: subject to detail; no material alterations to the final application
The original application for approval in principle to erect a dormer bungalow replacing an existing Nissen Hut on a small site in Glen Roy, Laxey, was refused by the planning authority primarily for being in open countryside contrary to IOMSP policies on development location, sustainability, and landscape protection. The appellant argued the site had prior domestic use, qualified as previously developed land, and a dwelling would improve the site's appearance. The inspector found insufficient evidence of lawful residential use, concluded the site did not meet GP3(c) exceptions for countryside development, deemed the location unsustainable, and determined a dwelling would harm the AHLCVSS more than the existing structure. The appeal was dismissed on these main issues, with the Minister upholding the refusal on 3 July 2014.
Precedent Value
This appeal demonstrates strict enforcement of countryside policies (GP3, EP1/2) requiring clear evidence for exceptions like previously developed land; future applicants must provide robust lawful use proof and detailed designs even for principle approvals in sensitive rural/AHLCVSS locations to avoid dismissal.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
