29 September 2006 · Minister, Department of Local Government and the Environment (via Chief Executive K. A. Kinrade, confirming delegated approval by Director M. I. McCauley after appeal dismissal)
Field 434603, Cordeman Road, St Marks, Ballasalla, Isle Of Man, IM9 3aj
The proposal was for a single-storey farm worker's dwelling on a 250-acre grassland farm, following refusal of a prior application for two dwellings (PA 06/0830) due to unjustified number and poor location of one.
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The officer's report noted the proposal addressed prior refusal reasons from PA 06/0830 by proposing only one dwelling, not too distant from the farm group, with modest and appropriate design.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the erection of a farm worker's dwelling as shown in drawings reference AT803.3 Rev 1 and AT803.2 both received on 2nd August, 2006.
Agricultural occupancy restriction
The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including the dependants of such persons as aforesaid.
Conservation rooflights
The rooflights to be installed in the property must be conservation type as shown in the approved drawings. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005, no other rooflights may by installed at the property without the prior permission of the Planning Authority.
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 extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
Do not oppose; low traffic generation from agricultural workers cottage will have little effect on Cordeman Road
supported the provision of one dwelling in the interests of security and animal welfare
Mixed responses including objection from Malew Parish Commissioners on access details, no opposition from Highways and utilities with conditions requested, and interest expressed by Manx Electricity Authority requiring contact; SPMC&E did not comment on this application.
Key concern: no access details were shown on the plans
Manx Electricity 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.; There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact Anthony Kinrade or Ian Horsey... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: a condition of planning be that the applicant must contact the Authority; Contact the M.E.A. for Electrical Site Safety 5 documents before any work is carried out on site
Malew Parish Commissioners
ObjectionThe Commissioners wish to notify you that they object to this Planning Application on the grounds that no access details were shown on the plans.
Department of Transport Highway Division
No ObjectionDo Not Oppose; Low traffic generation from agricultural workers cottage will have little effect on Cordeman Road.
Isle of Man Water Authority
Conditional No ObjectionWe are not writing to object to the application but, should the application be approved, we would like a condition be applied to the Notice that the Applicants should discuss with the Water Authority locating and protecting the water main before construction work commences.
Conditions requested: should the application be approved, we would like a condition be applied to the Notice that the Applicants should discuss with the Water Authority locating and protecting the water main before construction work commences
The original application 06/01320/B for erection of a farm worker’s dwelling was permitted by the Planning Committee on 29 September 2006 despite objections from Malew Parish Commissioners regarding access and highway safety. The Commissioners appealed, arguing lack of definitive access rights and safety risks on narrow single-track lanes unsuitable for additional residential traffic. The applicant and Department defended the approval, citing full access rights, no Department of Transport objections, agricultural need for on-site worker presence, and minimal traffic impact. The inspector, after a site visit and inquiry, found no access restrictions or highway safety issues, recommending dismissal of the appeal. The Minister accepted this recommendation on 21 March 2007, upholding the original permission with conditions including an agricultural occupancy restriction.
Precedent Value
This appeal demonstrates that third-party challenges to approved permissions on access/highway grounds require robust legal/DoT evidence to succeed; applicants should secure access confirmations and DAFF support upfront. Parishes must provide more than local knowledge to overturn permissions on rural access issues.
Inspector: John S Turner
