17 August 2009 · Director of Planning and Building Control (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Fo Glion, Glen Rushen Road, Glen Maye, Isle Of Man, IM5 3ba
The application sought full planning approval for a detached double garage with first-floor living accommodation intended as ancillary to the existing dwelling at Fo-Glion, a detached house in the curtilage on Glen Rushen Road, Glen Maye.
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The officer judged the proposal unacceptable under General Policy 3, which presumes against development outside zoned areas unless specific exceptions apply; a garage with accommodation above does not…
General Policy 3
Sets presumption against development outside zoned areas except specific cases (e.g. agricultural housing, conversions). Officer assessed that a garage with living accommodation does not fit exceptions as its impact resembles a new dwelling, unlike permitted subordinate garages; proposal fails this strict countryside test.
Environment Policy 1
Requires protecting countryside and ecology for its own sake; no development unless overriding national need with no alternative. Officer found the proposal adversely affects countryside without such justification, reinforcing policy objection.
Environment Policy 2
Protects High Landscape or Coastal Value areas (AHLVs) unless no harm to character or location essential. Officer judged the development harms landscape character by resembling a new dwelling and is not essential, failing both tests.
Do not oppose
as they would have to build the garage, it is considered that it would be useful to have additional accommodation above. It is stated that the dwelling currently has three bedrooms and as such there is no space for guests.
Patrick Parish Commissioners made no additional submission beyond their original comment and expressed no opinion on the appeal process. Highways Division stated they do not oppose the application.
Patrick Parish Commissioners
No Commentno submission will be made additional to their comment to the original application; The Commissioners have no opinion as to whether the matter be decided on written submissions only
Highways Division
No ObjectionDo not oppose
The original application for erection of a detached garage with ancillary living accommodation was refused by the Planning Committee due to conflict with countryside policies including General Policy 3, Environment Policy 1 and 2, as it would be visually incongruous and not an exception to restrictions on new development. The appellant argued the accommodation would be ancillary for guests like grandparents, the garage is needed despite existing facilities, and it would be well-hidden. The inspector found the proposal constitutes an unacceptable intrusion into open countryside, resembling a small house in scale, with no policy support and no special circumstances outweighing objections, including lack of explanation for need beyond existing garage and parking. Parish commissioners objected to the living accommodation appearing as a new dwelling. The Minister accepted the inspector's recommendation to dismiss the appeal on 24 November 2009.
Precedent Value
This appeal demonstrates strict enforcement of countryside policies; applicants must provide clear evidence of functional need and resolve factual disputes, as common personal/family needs do not qualify as special circumstances outweighing harm. Future proposals for ancillary accommodation over garages in rural areas face high hurdles without policy exceptions.
Inspector: David Bushby
