3 August 2005 · Planning Committee on review
Part Field 385, Adjacent Filling Station, Main Road, Kirk Michael, Isle Of Man, IM6 2hd
The proposal sought permanent permission to retain and hardstand an existing temporary car parking area used by Michael Car Centre for staff, customer and courtesy cars, and to extend it by 12m in depth to cover approximately 29m x 30m (878.7m² total) with compacted hardcore in dark grey finish, plus new planted hedge …
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The Committee considered the site not designated for development or commercial use, marking the transition from Kirk Michael village to countryside, and visible from the adjacent highway despite roads…
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. infill, agricultural housing, conversions); proposal fails as none apply to commercial car parking extension in open countryside.
Environment Policy 1
Protects countryside for its own sake; development adversely affecting it not permitted without overriding national need outweighing protection; no such need demonstrated for business parking.
Environment Policy 4
Development in open countryside only in exceptional circumstances per Development Plan; ordinary industrial parking need does not qualify.
Environment Policy 27
Prohibits development unacceptably harming environment/amenity via pollution; no measures shown to prevent oil/petroleum contamination.
Policy 6.4 Kirk Michael Local Plan
Considers expansion of existing enterprises lacking space via adjacent change of use; officer/Committee viewed in context of village's non-industrial nature and central site identification, not extending to appeal site adjacent 'garage'; limited weight given.
Kirk Michael Local Plan Policy 12.4
No release of open space except proposed development areas; site zoned open space/agriculture.
no objection, but larger area than present; retain gorse hedge and plant indigenous species on northern boundary; need for commercial vehicle parking
no adverse traffic impacts / no views
support letter provided
support letter provided as owner of land
All consultees including Michael Commissioners, Environmental Health, and Highways Division expressed no objection to the application, with minor observations but no conditions requested.
Michael Commissioners
No ObjectionNO OBJECTION; The gorse bushes, separating the area from the TT course should be kept planted and it is hoped that any future tree planting is with species, indigenous to the Island.; at present there is a need in the village to have some commercial car parking to take larger vehicles, especially vans overnight.
Environmental Health
No Objectionfrom an environmental protection perspective this type of operation poses a very low or negligible risk.; We shall therefore not be requesting the Planning Committee to impose any conditions.
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation to the forthcoming review, beyond the response in the letter dated 6 June 2005.
Department of Transport Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Michael Commissioners
No ObjectionNO OBJECTION; if the application is approved, all schedule of conditions should be adhered to by the applicant and not ignored.
Conditions requested: all schedule of conditions should be adhered to by the applicant and not ignored
Michael Commissioners
No CommentThe Commissioners agree with the Planning Committee in part but feel that they should try and encourage business to Kirk Michael to keep the local economy buoyant. On the strength of this, they have decided not to submit an observation at this present time but to let this application run its course.
The original application PA 05/00843/B to create permanent hardstanding and extend parking on part Field 385 was refused by the Planning Committee on 2 November 2005 for being an unwarranted intrusion into the countryside on open space/agricultural land. The appellant argued strong business need as the largest employer in the village, lack of alternative sites, support from Policy 6.4 of Kirk Michael Local Plan 1994 for expanding enterprises, and minimal visual impact. The Council defended refusal citing countryside protection under Draft Strategic Plan policies EP1/EP4/General Policy 3, piecemeal erosion, visual harm, inadequate alternatives investigation, and pollution risks. Inspector David Ward agreed permanent use conflicted with countryside policies, found business scale too large for local context, rejected Policy 6.4 as not substantially applicable, but recommended temporary permission for existing area only to allow reorganisation. Minister J. Rinnell concurred, refusing permanent permission but accepting temporary conditions.
Precedent Value
Appeals for permanent countryside car parking extensions fail without exceptional need; temporary permissions limited to minimal periods post-expiry, enforcing relocation to zoned land. Applicants must prove alternatives unviable beyond economics and provide full mitigation.
Inspector: David Ward
