17 October 2005 · Planning Committee (confirmed on Review); Appeal dismissed by Minister
78, Slieau Curn Park, Kirk Michael, Isle Of Man, IM6 1ew
The proposal sought approval in principle to build three detached chalet-style bungalows and extend the existing roadway with a turning head on unused land at the end of Slieau Curn Park, part of which lies in a 'Predominantly Residential' zone but mostly in 'Open Space (Agriculture)'.
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The Planning Committee refused because the majority of the site lies in 'Open Space (Agriculture)' not zoned for development, contrary to Policy 5.9 stating no further areas should be allocated for re…
Kirk Michael Local Plan Policy 5.9
Policy states no further areas should be allocated for residential development beyond specifically identified zones. Officer/inspector assessed that majority of site is in Open Space (Agriculture), so proposal conflicts directly; no justification to override without comprehensive review.
Kirk Michael Local Plan Policy 12.4
Prohibits release of open space areas for development except those already proposed. Site mostly open space, so development would breach; inspector noted need for open space in landscape schemes per related policies.
Kirk Michael Local Plan Policy 5.10
Requires future residential proposals to incorporate appropriate open space in landscape schemes. Proposal fails as it intrudes into open space without providing/protecting amenity areas, leaving potential for further development.
Kirk Michael Local Plan Policy 12.5
Requires residential development to incorporate open space and landscape. Assessed as conflicting since proposal does not respect zoning boundary or provide required open space integration.
No objection subject to imposition of planning conditions
No objection subject to conditions
No objection but developer to contact it
IoM Water Authority requests a standard water connection condition; Michael Commissioners raise concerns about zoning but defer rather than object outright; Manx Heritage Society offers no objection subject to provisos on another application but comments on this one; numerous local residents and MHK object strongly on zoning, traffic, and open space grounds.
Key concern: uncertainty over whether site is within zoned residential land per Kirk Michael Local Plan 1994
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Michael Commissioners
Conditional No Objection1 NO OBJECTION, 4 OBJECTIONS BUT A DEFERMENT IS REQUESTED BASED UPON THE ISSUE OF WHAT IS AND WHAT IS NOT ZONED LAND; the estate would benefit from being finished off, preferably by some open space to provide a basic amenity area, which is now obligatory to all housing developments as stated in draft Island Strategic Plan
Conditions requested: deferment... to establish what land is zoned and what is unzoned
Manx Heritage Society
No CommentSurely this must amount to a Change of Use as well as modification of a condition?
The original application PA05/01201/A for approval in principle to erect three chalet-style bungalows and extend the roadway at Slieau Curn Park, Kirk Michael, was refused by the Planning Committee on 17 October 2005 and confirmed on review on 20 December 2005, citing conflict with Kirk Michael Local Plan 1994 Policies 5.9 and 12.4 as the site lay mostly outside the residential zone in Open Space (Agriculture). The appellant argued the zoning was outdated (15 years old), based on a discarded by-pass proposal, site was wasteland not contributing to amenity, and represented logical rounding-off, citing precedent from approved appeal PA00/0815 for garden extension. The council defended strict adherence to the Local Plan absent comprehensive review, noted previous refusals, and argued no special circumstances justified encroachment. The inspector found substantial weight must be given to the Local Plan zoning despite no current by-pass pursuit, rejected rounding-off as the layout suggested potential further development via open cul-de-sac, dismissed wasteland condition as appellant's responsibility, and recommended the appeal fail.
Precedent Value
This appeal demonstrates inspectors will give substantial weight to Local Plan zoning absent comprehensive evidence justifying change, even if outdated or based on abandoned infrastructure. Future applicants must show community benefit and true rounding-off without enabling further sprawl, distinguishing from non-built precedents like gardens.
Inspector: John S Turner
