16 June 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
The Gate, Bayrauyr Road, Ballamodha, Ballasalla, Isle Of Man, IM9 3at
The proposal was for approval in principle to erect one dwelling described as 'in the style of a traditional barn' on a 55m x 55m field containing a derelict greenhouse and various trees, located on the northern side of the B30 Bayrauyr Road linking St. Mark's with Ballamodha Straight.
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The officer assessed that the site is not designated for development on the 1982 Plan and is not infilling a space in an otherwise developed frontage in a recognised settlement, creating a presumption…
Planning Circular 1/88 Residential Housing in the Country
Sets presumption against residential development in countryside except for agricultural needs. Proposal fails as open countryside site unrelated to viable agricultural holding; emerging Strategic Plan policies confirm and carry forward this protection for countryside's own sake.
Planning Circular 3/88 - New Agricultural Dwellings
Guidance on new agricultural dwellings. Malew Parish objected as proposal does not comply; officer noted site unsuitable for agriculture and no functional need demonstrated.
Do Not Oppose subject to the imposition of the following conditions: Visibility splays of 2.0 metres by 54 metres must be provided to serve the needs of this development. The off street car parking provision must comply with the requirement of Manx Roads 1.
No objection, request condition that applicant must contact the Authority to ensure connection for water supply purposes
Highways Division has no objection subject to parking and visibility conditions; IoMWA requests a standard water connection condition; Malew Parish Commissioners object due to non-compliance with agricultural dwelling policy and countryside intrusion; Planning Society raises concerns but no formal recommendation for this application.
Key concern: does not comply with the guidance given in Planning Circular 3/88 – new agricultural dwellings
IoMWA
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; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Department of Transport Highway Division
Conditional No ObjectionDo Not Oppose subject to the imposition of the following conditions
Conditions requested: The off street car parking provision must comply with the requirement of Manx Roads 1; Visibility splays of 2.0 metres by 54 metres must be provided to serve the needs of this development
Malew Parish Commissioners
ObjectionThe Commissioners wish to notify you that they object to this Planning Application
Planning Society
No CommentNot zoned, outside any recognised settlement and at odds with the Planning Authority’s usual Policy and practise and would set an unacceptable precedent
The original application 06/00498/A for approval in principle to erect a dwelling on a plot with an existing greenhouse was refused due to the site's designation as 'white land' not allocated for development under the 1982 Plan, breaching countryside protection policies. Appellants argued the site was unsuitable for agriculture, would improve the untidy plot as a tree nursery enhancing the local hamlet, and had family ties. The Council defended the refusal citing consistent refusals in the area, unsustainable location, and precedent risks. The inspector found no cogent reasons to override the strong policy presumption against countryside development in Circular 1/88 and emerging Strategic Plan, rejecting arguments on site improvement, nursery use, and family history. The appeal was dismissed.
Precedent Value
Reinforces strict application of Circular 1/88 presumption against new countryside dwellings; future applicants must demonstrate functional agricultural need or other exceptional circumstances, not mere improvements, family ties, or minor infill in loose rural groups.
