11 December 2009 · Minister (via Chief Executive I. T. Thompson, accepting Independent Inspector Neil A C Holt's recommendation)
Golf Links, Fort Island, Castletown, Isle Of Man, IM9 1tr
The proposal sought approval of reserved matters following an approval in principle granted in 2004 (extended to 31 March 2009) for a large house not exceeding 8500 sq ft, gate lodge around 1000 sq ft, and tennis court on a triangular site forming part of Castletown Golf Course, with over 200m frontage on Derbyhaven Ro…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The inspector concluded there was no valid in-principle permission as Condition 1 required reserved matters approval within two years (extended to 31 March 2009), and while submitted earlier, they wer…
General Policy 3
Prohibits development outside zoned areas except specific cases including previously developed land where redundant use, redevelopment reduces landscape impact, and improves environment. Site mainly open golf course (not significant buildings); proposal doubles footprint, increases height/prominence—no environmental gain.
Spatial Policy 5
New development in countryside only per GP3. Site not in defined settlement (Derbyhaven omitted); golf course extension undesirable.
Environment Policy 1
Protects countryside for its own sake. Site in countryside outside settlements.
Housing Policy 4
Housing primarily in towns/villages or sustainable extensions; countryside exceptions per GP3. Derbyhaven lacks services, not listed.
Strategic Policy 1
Best use of resources, optimise previously developed land. Site partially developed but proposal not improving landscape/environment.
Had jurisdiction existed, reserved matters acceptable (size/design/materials satisfy in-principle permission; lodge marginally larger but not significantly different)
No objection subject to visibility splays 2m x 45m and gates set back 6m
Multiple third-party representations from Derbyhaven Residents Society, local residents, and Manx National Heritage object to the reserved matters application on procedural, policy, scale, landscape, and archaeological grounds, recommending refusal.
Key concern: approval in principle lapsed and proposal exceeds its scope/floorspace limits
Derbyhaven Residents Society
Objection"the current application falls outside the scope and ambit of the approval in principle and it cannot be dealt with as an application for approval of reserved matters"; "DRS respectfully request that the current application is resisted robustly"; "the proposed dwelling fails to respect the site and surroundings in terms of siting, layout, scale and form"
P Vermeulen
Objection"the original approval in principle is invalid"; "the proposal is wrong in principle as it involves two substantial new dwellings in open countryside"
Mary & Dennis Aram
Objection"the current planning application should not be accepted as a reserved matters application"; "we are strongly opposed to this ‘urban creep’"
Manx National Heritage
Conditional No Objection"these works, even more than previously, will impinge upon archaeological deposits"; "if minded to approve this application, attach a condition requiring that the developer undertake an archaeological assessment"
Conditions requested: archaeological assessment prior to earthmoving/topsoil removal per MNH specification; seek DAFF Wildlife Office advice re ASSI impacts; enhance/preserve site wildlife value
Mr & Mrs Smith
Objectionit would be totally out of proportion + dominate the skyline + approach to the Village
The original outline application 08/01931/REM sought reserved matters approval for 21 dwellings (including affordable units), gate lodge, and tennis court following Committee approval in 2006, but was appealed by third parties after the Strategic Plan's adoption in 2007. Appellants argued the site is countryside outside defined settlements, unsuitable for housing per Strategic Policy 2, Housing Policy 4, and Environment Policy 1, with inadequate facilities making it unsustainable; the 'fall-back' permission PA02/02553 for two dwellings was preferable. The applicant relied on 1982 zoning, housing land shortages in south IOM, partial PDL status, and public benefits like affordable housing and bus contributions. The inspector gave full statutory weight to the Strategic Plan, found Derbyhaven outside Appendix 3 settlements thus in countryside, rejected PDL status (only 23% developed), found the proposal breached housing locational policies despite modest housing supply benefits, and concluded significant harm to Derbyhaven's linear character outweighed marginal visual gains; other issues like ecology, archaeology, drainage, and amenity were acceptable. The appeal was dismissed.
Precedent Value
Emphasises full statutory weight of adopted Strategic Plan overriding prior approvals/zoning; fall-back must be carefully compared on scale/impacts; housing shortfalls do not justify unsustainable countryside releases outside Appendix 3 settlements. Future applicants should prioritise sequential testing against defined settlements.
