19 February 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Site Of Former Marl Pit - Field 110227 Smeale Bride Isle Of Man
The proposal was for approval in principle to erect a two-storey detached farmhouse with double garage on Field 110227, site of a former marl pit accessed off a track from the A10 road in an unzoned rural 'white land' area of scenic significance.
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The officer concluded the proposal conflicted with Planning Circular 1/88, which seeks to keep unzoned countryside 'substantially free from development' and discourage houses except where agricultural…
Planning Circular 1/88 Residential Housing in the Country
Restricts development to zoned areas, keeping countryside free except for justified agricultural holdings preferably in villages; proposal in unzoned scenic area fails as no sufficient agricultural justification provided despite policy allowing exceptions.
Planning Circular 3/88 - New Agricultural Dwellings
Requires evidence of real need offsetting objections, covering past accommodation, occupant roles, and site choice; officer found no such justification submitted, so normal countryside restrictions prevail.
General Policy 3
Prohibits development outside zoned areas except essential agricultural housing; proposal does not qualify under exceptions as agricultural need not demonstrated.
Housing Policy 12
Cited in refusal alongside circulars; requires agricultural need to overcome general objections in countryside, which was not proven.
Do not oppose subject to sight lines of 2m by 36m and reserved matters for access
No objection on merits; applicant to contact for single dwelling water connection
Multiple consultees responded to application 06/01911/A, with objections from Bride Parish Commissioners, SPMCE, and Andrew Jessopp on countryside policy, access, and scenic grounds; conditional support from Highways, Manx National Heritage, and Isle of Man Water Authority; and ecological advice from Wildlife Officer.
Key concern: insufficient justification for residential development in the countryside contrary to policy
Andrew Jessopp
ObjectionOn balance, I would suggest there is insufficient justification provided to overcome established planning policy for residential development in the countryside... and that the application should be refused.
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society therefore STRONGLY OBJECTS to what will constitute a new house in the countryside.
Isle of Man Water 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...
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; See Note (2): For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Wildlife and Conservation Officer
Conditional No ObjectionThe plans show the pond as being retained on the site. This feature may hold wildlife interest and its retention is important.
Conditions requested: if planning policy allows such a development, then a survey for spawning frogs should be undertaken in March; If frogs are found... any consent should require a scheme to protect the frogs from damage or disturbance during construction
Manx National Heritage
ObjectionManx National Heritage supports Government Policies on building in the countryside, and recommends that the Committee examines the justification for building in an area of attractive landscape.
Conditions requested: If the Committee is minded to approve the application, we would suggest that a planning condition is attached which prevents damage to the pond as a result of the development
Bride Parish Commissioners
ObjectionThis is sited on very dangerous corners and access points.
Department of Transport, Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition:
Conditions requested: Sight lines of 2 metres by 36 metres shall be provided in the direction of Jurby; A reserved matters application shall be submitted providing details of access
The original application 06/01911/A for approval in principle for a farmhouse with double garage on a former marl pit site in open countryside was refused because the submission did not prove sufficient agricultural need to offset general planning objections, contrary to Planning Circulars 1/88, 3/88 and Housing Policy 12 of the emerging Strategic Plan. Appellants Dr & Mrs Marsh argued for a real need based on a detailed preliminary business plan for a dairy goat herd requiring full-time on-site presence, supported by their experience, market potential for local goat products, and alignment with food production policies. The Council defended the refusal citing the unproven business, low labour hours (far below full-time equivalent per DAFF briefing note), and non-compliance with policies requiring demonstrated viability. The inspector concluded the business plan was inadequate, lacking proven viability, sufficient scale for full-time employment, and prior consultation with DAFF, leading to a recommendation to dismiss the appeal.
Precedent Value
Appeals for agricultural dwellings require robust evidence of established, viable enterprises meeting full-time labour thresholds (e.g. 1900 hrs/yr), prior DAFF engagement, and proven track record; speculative plans for niche farming like dairy goats will likely fail without trading history.
Inspector: David Bushby BA (Hons) MCD MRTPI
