4 November 2005 · Minister (via Chief Executive, confirming Planning Committee refusal on appeal)
Land Adjacent To Eryeton Farm Cottages, Eyreton Road, Crosby, Isle Of Man, IM4 4bu
The proposal sought approval in principle for a new detached dwelling on a 0.14 hectare site of private woodland adjacent to recently approved barn conversions at Eyreton Farm Cottages. The site slopes upwards, contains mature trees, and is within the 'red line' boundary of prior approvals for conversions (00/01590/A e…
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The site is designated as private woodland/parkland and within an Area of High Landscape or Coastal Value under the Isle of Man Planning Scheme (Development Plan) Order 1982, not zoned for residential…
Planning Circular 1/88 Residential Housing in the Country
Strong presumption against new houses in countryside except agricultural need or replacements; paras 3/6 state land allocated to zoned extensions, remainder 'intended to remain substantially free from development' and policy to discourage except viable holdings. Proposal fails as not agricultural/replacement and unzoned.
Planning Circular 3/89 Renovation of Buildings in the Countryside
Permits conversion of redundant buildings in countryside; prior approvals relied on this but new-build proposal fundamentally different, carries no weight for further development.
Western Sector Written Statement (Planning Circular 8/91)
Sections 5.6/5.7 allow discretion for justified non-detrimental proposals or hamlet consolidation; appellants claimed consistency but officer/inspector rejected as site remains countryside, no special justification.
No objection in principle subject to conditions on sewer connection, no surface water to foul, full drainage details
No specific comment on merits; request informative note on water supply connection
Erection of additional dwelling will not detract or greatly impact on adjacent development
Multiple consultees responded to planning application 05/01806/A for approval in principle of a detached dwelling adjacent to Eyreton Farm Cottages, with objections from Highways Division, Marown Commissioners, and private individuals citing highway safety, countryside intrusion,…
Key concern: Inadequate visibility from access posing road safety risk
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; A Communication Fee will be payable to the Department of Transport in respect of this drainage connection.
Conditions requested: Proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); Full foul flows and surface water discharge figures must be produced and agreed with the Drainage Division prior to submitting detailed application.
Department of Transport Highways Division
ObjectionObjection: 1. The visibility from the existing access is inadequate to serve the needs of this development.; Reason 1. In the interests of road safety.; The development offers the opportunity to create a vehicle access on the outside of the bend and should afford the necessary visibility to facilitate vehicle access and egress for this development.
Marown Parish Commissioners
ObjectionMy Commissioners object to the above application as it extends beyond the existing Eyreton Farm Cottages development into the surrounding countryside.
Isle of Man 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.; See Note 1: For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58.; The applicant should contact the Water Authority to discuss protecting or replacing the main before construction work commences.
Andrew Jessopp
SupportI supported the original development and I believe that this additional dwelling will not detract or greatly impact on to the approved development.
Marown Parish Commissioners
No CommentMy Commissioners would be grateful if the Planning Committee could defer a decision on the above until later on in the month. The Commissioners next meet on 19th October
The original application 05/01806/A for approval in principle for a detached dwelling was refused by the Planning Committee on 28 October 2005 and confirmed on review on 20 January 2006, citing lack of zoning for residential development, no agricultural need or replacement dwelling status, contrary to 1982 Development Plan and Planning Circular 1/88, plus inadequate access visibility. The appellant argued the site was within the established residential curtilage of prior barn conversion approvals (e.g. 00/01590/A), consistent with Western Sector Written Statement flexibility, with alternative access options. The Council defended the refusal emphasizing countryside policy protections and no precedent from conversions. The inspector concluded the prior approvals carried no weight for new build, site in countryside with strong presumption against development, and recommended dismissal. The appeal was dismissed.
Precedent Value
Reinforces that barn conversion approvals do not permit new dwellings in included land parcels, even in 'residential curtilage'; future applicants must demonstrate exceptional countryside exceptions, not rely on curtilage assumptions.
Inspector: Terrence Kemmann-Lane
