6 April 2006 · Director of Planning and Building Control (M. I. McCauley)
Ashwood, Ballamenagh Road, Baldrine, Isle Of Man, IM4 6al
The proposal involved demolishing a single existing bungalow and building three new dwellings with double garages on a site combining the bungalow's curtilage and an adjoining agricultural field in rural Baldrine, Lonan.
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The officer concluded the key issue was planning policy, stating the site is 'not designated for residential development and represents a combination of the curtilage of a dwelling within the countrys…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Policy states residential development will generally only be approved in areas designated as proposed or existing residential. Officer assessed site as designated open space/agriculture and high landscape value, not residential, so proposal for three dwellings failed the test. No interpretation tension; clear policy breach reinforced presumption against countryside development.
Planning Circular 1/88 Residential Housing in the Country
Sets general presumption against residential development in countryside except for agricultural needs or one-for-one replacements of existing dwellings retaining residential use. Officer noted proposal replaces one dwelling with three, extending into countryside, constituting significant increase in size contrary to paras 3,6,8,9. No exceptional circumstances justified departure.
Site already has residential use, not over intensive for sizeable plot, adequate drainage and access can be provided
No adverse traffic impacts subject to visibility splays of 2.0m by 70m
No objection subject to connection to public foul sewerage system
No comment on merits, request informative note
Proposal accommodated within site with accepted residential use, not over-intensive for sizeable plot, adequate drainage and access to DOT satisfaction, potential windfall development
Mixed responses to application 05/92370/A: statutory consultees (Highways, Drainage) have no objection subject to conditions, while Lonan Parish Commissioners strongly object on zoning and highway safety grounds, and private representations object on similar issues.
Key concern: Area not designated for residential development in Laxey and Lonan Plan and extends into agricultural land
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s):; Visibility splays must comply with Department of Transport standards of 2.0 metres by 70 metres.
Conditions requested: Visibility splays must comply with Department of Transport standards of 2.0 metres by 70 metres. This will involve the removal or lowering of the turf hedge along the frontage of the development.
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; The Drainage Division requests that the applicant investigates the possibilities of connecting the proposed dwellings to the public foul sewerage system.
Conditions requested: The applicant investigates the possibilities of connecting the proposed dwellings to the public foul sewerage system. The applicant is encourage to discuss this with the Drainage Division prior to submitting a detailed application.
Lonan Parish Commissioners
Objectionrecommend REFUSAL of the above Planning Application.; The area in question is not designated in the Laxey and Lonnan Plan as being suitable for further residential development
IoMWA Water Supply
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: a 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
SPMCE Society
ObjectionThe Society STRONGLY OPPOSES.
The original application 05/92370/A sought approval in principle for demolishing an existing bungalow and erecting three dwellings with garages but was refused by the Planning Committee on 31 March 2006, primarily because the site combined residential curtilage with countryside/open agricultural land not designated for residential development, contrary to Policy L/RES/PR/1 and Circular 1/88. The appellant argued the site had established residential status within Baldrine’s developed envelope, could accommodate three dwellings comfortably, had no highway or drainage objections, and complied with local plan policy without extending into countryside. The inspector, following a public inquiry on 26 July 2006 and site visit, concluded the main issue was significant harm to countryside character, as the site was not designated for additional housing under Circular 1/88, rejecting claims of unrestricted residential expansion and finding the development would encroach intrusively and encourage ribbon development. Other matters like traffic and access were considered but insufficient to outweigh policy concerns. The inspector recommended dismissal, upholding the refusal.
Precedent Value
This appeal reinforces strict application of Circular 1/88 protecting non-designated countryside from residential intensification, even on sites with existing dwellings; future applicants must demonstrate exceptional circumstances or zoning compliance, as established curtilage alone does not permit expansion into adjacent open/agricultural land.
Inspector: David G Hollis
