10 July 2006 · Minister for Local Government and the Environment
Mountain View, Bride Road, Bride, Isle Of Man, IM7 4as
The proposal sought to incorporate an agricultural field (approximately 60m x 70m, sloping steeply) adjacent to the north of Mountain View dwelling into its residential garden curtilage. The site is in open countryside within an Area of High Landscape Value and Scenic Significance, bounded by the A10 highway to the eas…
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The initial refusal by the Director of Planning (delegated under Government Circulars 44/05 and 47/05) was based on the proposal representing a 'significant encroachment of a residential curtilage int…
Residential Development - Houses in the Countryside
Paragraph 5 recognises the Manx countryside as extremely fragile where even limited development can have disproportionate impact, accounting for public concern over countryside encroachment. Officer found the 40-60m encroachment significant vs prior small appeal allowances, causing harm to openness/visual amenities. Minister interpreted differently, finding no adverse impact with conditions given site specifics (slope, low visibility).
Time limit
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order), no greenhouses, walls, gates, fences, garden sheds, garages, or tanks for the storage of oil for domestic heating shall be erected.
No hard landscaping without approval
There may not be constructed on the site any areas of hard landscaping such as patios, hardstandings, or driveways without the prior approval of the Department.
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
Landscaping implementation and maintenance
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Approve
Bride Parish Commissioners refused application 06/00220/C, stating the site is too small, not in keeping with the surrounding area, plans are unfinished, and there is a believed covenant preventing approval.
Key concern: believed to be a covenant on this property which would prevent planning being granted
Bride Parish Commissioners
ObjectionBride Parish Commissioners have **REFUSED** the Following Application for Planning 06/00220 Mountain View - Mr Carden; The site is far too small for the proposed property and altogether not in keeping with the surrounding area.; The plans appear to be unfinished as there are no sizes on the actual plans but the outline in the area against the existing property is far larger.; Also believed to be a convenant on this property which would prevent planning being granted.
The original application 06/00220/C for change of use of agricultural land to form a garden was refused by the Planning Committee due to its location in open countryside of high landscape value and scenic significance, contrary to development plan policies and Circular 1/88. The appellant argued no harm to visual amenity, the land's steep slope making it unusable for agriculture, lack of neighbour objections, and Bride Parish approval. The Planning Committee defended the refusal citing significant encroachment into countryside, introduction of domestic paraphernalia, and contrast with recent smaller-scale appeal allowances. The inspector concluded the proposal would harm the countryside character by introducing domestic-style gardening in a high landscape value area, contrary to Development Plan policies, Circular 1/88, and draft Strategic Plan Environment Policy 3. The appeal was dismissed.
Precedent Value
Demonstrates strict protection of open countryside even for garden extensions not in public view; applicants must show compliance with landscape policies rather than usability or lack of objection; small-scale precedents do not justify larger encroachments.
