16 October 2013 · Deputy Minister for Infrastructure (Hon T M Crookall MHK) - Appeal decision confirming Planning Committee refusal
Land To Rear Of, 1, Knock Rushen, Scarlett, Castletown, Isle Of Man, IM9 1tq
The proposal sought to change 0.1 acres (approx. 20m x 23m) of unfarmable rocky field land, previously used as a construction compound, tip, and access track, into residential garden for Plot 1 Knock Rushen, a large house with small existing rear garden.
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The Deputy Minister concurred with the Planning Inspector's conclusions that the site lies outside Castletown's settlement boundary per Area Plan for the South (Map 5), not zoned for development, trig…
General Policy 3
Requires development only in Area Plan-zoned areas unless exceptions apply (e.g. ag housing, conversions); none fit garden extension. Site unzoned open space outside Castletown boundary. Officer found acceptable due to no visual harm; Committee/Inspector ruled strict policy breach as intrusion without overriding need.
Environment Policy 1
Protects countryside/ecology 'for its own sake'; development harmful unless overriding national need and no alternative. Officer assessed minimal impact (screened, unfarmable); Inspector found change to residential use alters character, even screened, eroding urban-rural edge.
no objection
Geoffrey Clark, an individual with a professional academic interest, objects to application 13/91006/C on grounds of non-compliance with the IoM Strategic Plan and 1982 Development Plan protections.
Key concern: non-compliance with Environmental Policy 1 of IoM Strategic Plan 2007 and High Landscape Value designation
Geoffrey Clark
ObjectionYet another application [see 13/90943/B] by Highways Division that is contrary to the Local Plan and Strategic Plan.; Environmental Policy 1 of the IoM Strategic Plan 2007 states: 'The countryside and its ecology will be protected for its own sake.' This proposal does not comply with that requirement.; The site is also within an area designated on the 1982 Development Plan as an area of High Landscape Value... and therefore protected from development.
The original application sought change of use of a 20m x 23m area in the southeast corner of a 4ha agricultural field to extend the rear garden of Plot 1 on Knock Rushen housing estate, Castletown, and was refused by the Planning Committee for constituting an unwarranted intrusion into the countryside, loss of agricultural land, negative impact on area character, contrary to General Policy 3, and risk of precedent. Appellants argued the land was purchased for family garden use without building, screened by walls and hedges, no precedent risk due to unique site position, and cited prior approvals including PA12/00999/C. The inspector found the site outside Castletown's settlement boundary per Area Plan for the South, upheld General Policy 3 and Environment Policy 1 of IoMSP, rejected screening and no-precedent arguments, and concluded the change would harm countryside character and set precedent. The Deputy Minister concurred with the inspector's recommendation to dismiss the appeal on 12 March 2014.
Precedent Value
This appeal reinforces strict enforcement of settlement boundaries and GP3/EP1; minor curtilage extensions into countryside unlikely to succeed without exceptional circumstances, even if screened or for personal use. Future applicants must demonstrate overriding need, not just convenience or lack of visual impact.
Inspector: Ruth V MacKenzie BA(Hons) MRTPJ
