20 June 2013 · Senior Planning Officer (delegated authority), signed by M Kallyher, Director of Planning and Building Control
Pooildhooie Cottage, Killane, Ballaugh, Isle Of Man, IM7 5bd
The proposal involved converting the existing garage space in Pooildhooie Beg—a two-storey ancillary building with integrated garage previously approved as incidental to Pooildhooie Cottage—into a living room by replacing garage doors with sliding glazed doors, while retaining the kitchen/dining area.
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The officer concluded the proposal creates a new dwelling in unzoned countryside, contrary to the presumption against such development under the Isle of Man Strategic Plan 2007, with no applicable exc…
Strategic Policy 1
Requires development to optimise previously developed land, ensure efficient site use, and locate to utilise infrastructure. Officer found proposal fails as it harms amenities of Pooildhooie Cottage through unacceptable unit relationship and overdevelopment.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. agricultural housing, redundant rural buildings of value). Site unzoned; Pooildhooie Beg not redundant or of special value, previously conditioned as ancillary only—no exception applies.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to towns/villages or sustainable extensions; countryside only in exceptional cases. Site in countryside near Ballaugh village but outside boundaries; no exceptions met.
Environment Policy 1
Protects countryside for its own sake; development adverse unless overriding national need with no alternative. Proposal adversely affects countryside character without such need.
Housing Policy 4
New housing primarily in towns/villages; countryside only for agricultural housing, redundant rural conversions, or replacements. Proposal creates new dwelling via conversion not qualifying under exceptions.
no objection to the current planning application
do not oppose the planning application subject to the access/drive measures a minimum width of 4.1 metres for the first 6 metres as it is classed as a shared surface (NB: existing access measures 4.9 metres)
The original application to convert Pooildhooie Beg, an ancillary building to Pooildhooie Cottage, into a separate dwelling and erect two garages was refused for reasons including harm to residential amenities, conflict with policies directing housing to settlements, creation of a new unzoned countryside dwelling, and lack of policy provision for such conversion under General Policy 3. The appellant argued existing separate use by two families, ample amenity space from 10 acres, best use of resources under Strategic Policy 1, and housing need. The inspector found the proposal constituted a new countryside dwelling contrary to IOMSP policies (Strategic 1,2; Spatial 2-5; GP3; EP1; HP4), rejected existing unlawful use and amenity arguments due to insufficient curtilage space and overdevelopment, noted harm to privacy and visual intrusion, and concluded no special circumstances outweighed countryside protection. The appeal was dismissed on 28 October 2013.
Precedent Value
Reinforces strict application of countryside protections; unlawful existing use provides no benefit on appeal. Applicants must demonstrate policy exceptions (e.g. agricultural need) rather than relying on de facto use, amenity from agricultural land, or general housing need.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
