22 December 2006 · Director of Planning and Building Control (M. I. McCauley) - Delegated under Article 3(13); Appeal dismissed by Minister
Annex, Corrody The Old School House, Postal Locality, Tholt Y Will, Sulby, Isle Of Man, IM7 2bf
The site is in a rural area north of Sulby Glen Reservoir, within an unzoned area of high landscape value. The proposal sought to convert an existing two-storey store/garage (retaining its size but altering externally) and demolish/replace a single-storey flat-roofed garage with a new two-storey pitched-roof extension,…
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The officer assessed the proposal against Circular 3/89, finding the two-storey garage/store did not qualify for renovation as it was not redundant, registered/worthy, of architectural/historic/social…
Planning Circular 1/88 Residential Housing in the Country
Resists new dwelling houses in countryside unless exceptional circumstances prevail. Officer and inspector applied strictly: proposal = new dwellings despite holiday use; no exceptions justified.
Planning Circular 3/89 Renovation of Buildings in the Countryside
Permits renovation/alternative use of redundant buildings that are registered/worthy, of architectural/historic/social interest, or beneficial to countryside character, if substantially intact/renovatable. Buildings in active use, not qualifying; garage fully replaced, not renovated.
Planning Circular 3/91 'Guide to the Design of Residential Development in the Countryside'
Guide for designing rural residential buildings. Officer confirmed proposal incorporated traditional design methods, replacing non-traditional flat roof; visual impact acceptable due to screening.
Housing Policy 12
Permits rural building conversions to dwellings only if all criteria met: (a) redundancy established, (c) architectural/historic/social interest, (d) large enough for satisfactory dwelling w/modest extension, (e) compatible with zoning. Inspector: criteria a,c,d failed as not redundant/lacking interest.
Business Policy 11
Countryside protections apply equally to tourism; rural buildings for tourist use only if per Env Policy 16 (redundant, intact, of interest). Inspector: failed as above.
no comment on merits but condition requested for potable water supply if approved
no comment on merits but informative note requested if approved
no comment on merits but informative note requested if approved
no comment on merits but informative note requested if approved
Multiple consultees responded to application 06/01268/B, with Highways Division objecting due to parking issues, Fire Safety Officer noting non-compliance with fire regulations, Lezayre Parish Commissioners refusing on overdevelopment grounds by majority, and others raising no objection subject to conditions or queries.
Key concern: plans do not comply with the prescribed standards of fire safety
Manx Electricity Authority
Conditional No ObjectionSee Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: condition of planning be that the applicant must contact the Authority
Society for the Preservation of the Manx Countryside and Environment
No CommentNo details of any alterations to the elevations, so cannot comment at this stage.
IoM Water Authority
Conditional No ObjectionSee Note (3); For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
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.
Fire and Rescue Service
ObjectionTHIS APPLICATION APPEARS TO FALL WITHIN THE SCOPE OF THE FIRE PRECAUTIONS (FLATS) REGULATIONS 1996.; THE PLANS DO NOT COMPLY WITH THE PRESCRIBED STANDARDS OF FIRE SAFETY.
Department of Transport Highway Division
ObjectionThe application reduces the off street parking provision available for the existing property and increases the requirement for parking without stipulating how this demand will be met
Lezayre Parish Commissioners
ObjectionThis would effectively be turning a garage into a house. This is an overdevelopment of this property in an area not zoned for development. Majority.
Environmental Health Officer
Conditional No Objectionattach a condition to any approval granted that suitable provision is made to ensure the provision of a potable water supply within these units.
Conditions requested: suitable provision is made to ensure the provision of a potable water supply within these units
The original application (06/01268/B) to demolish a flat-roofed garage and alter an existing store/garage building into two holiday accommodation units was refused by the Director of Planning and Building Control due to its conflict with countryside housing policies, being tantamount to new dwellings, and loss of garage spaces. Appellants argued it was high-quality tourist accommodation aligning with Strategic Plan tourism policies, not new dwellings, with precedent from nearby Corrody Cottage and adequate parking. The inspector concluded the buildings were not redundant, holiday units constituted dwellings subject to strict countryside residential policies in Circular 1/88 and Strategic Plan Housing Policy 12, which were not met, and tourism policies did not override these restrictions. Design benefits and business expansion desires were insufficient to justify rural development. The appeal was dismissed on 23 May 2007.
Precedent Value
Demonstrates holiday/tourist accommodation counts as dwellings subject to strict countryside residential policies; conversions require proven redundancy and policy criteria met. Future applicants must prioritise development plan status over business demand and ensure buildings qualify explicitly.
