5 June 2007 · Minister for Local Government and the Environment
Land Adjacent To, Allandale Farm, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal sought approval in principle to demolish rundown metal outbuildings and agricultural structures on a former farmyard site on the outskirts of Sulby and build a new dwelling specially adapted for a disabled child with Ataxia-Telangiectasia.
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The Planning Committee refused permission because the site is zoned as open space not for development, contrary to Planning Circular 1/88 and Sulby Local Plan Policy RES/P/3, and personal circumstance…
Planning Circular 1/88 Residential Housing in the Country
Restricts development outside allocated land to keep countryside substantially free, except agricultural workers' dwellings. Officer found non-compliance as new private dwelling on open space; inspector tempered harm as site not open countryside but rundown farmyard integrating into Sulby.
Sulby Local Plan Policy RES/P/3
New residential outside defined boundaries only if complies with Circulars 1/88, 3/88, 3/89. Officer/assessor deemed non-compliant; inspector accepted conflict but outweighed by exceptional need.
General Policy 3
Criteria for development including previously developed land; agricultural buildings excluded, site not qualifying. Inspector noted if non-agricultural spoilage, might qualify; redevelopment tempers harm.
Environment Policy 2
Protects High Landscape Value/Scenic Significance areas unless no harm and location essential. Inspector found sensitively designed dwelling no greater impact than existing buildings.
Time limit and reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development shall take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access and landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Approved plans
This approval relates to the submitted documents and drawing 00375 dated 26 February 2007, with the exception of the siting shown thereon.
Residential land limit
This permission is for residential use of land extending to no more than 60% of the depth of the land shown on the submitted plan.
Visibility splays
Visibility splays of 2 metres by 18 metres shall be provided for the access to the site.
On-site parking
On-site parking shall be provided within the curtilage of the proposed dwelling in accordance with Manx Roads 1.
Turning facilities
Turning facilities shall be provided within the site to allow vehicles to enter and leave the site in forward gear.
First occupation restriction
This permission may be taken up, and the dwelling may be first occupied, only by the applicants and their dependants.
No objection subject to visibility splays, off-street parking and turning space conditions
No comment on merits, request informative note
Multiple responses including objections from Lezayre Parish Commissioners and local residents primarily on zoning, drainage/flooding, agricultural land, overlooking, access, and countryside policy grounds, with Manx Electricity Authority noting utility presence and one policy comment offering qualified support.
Key concern: area is not zoned for development
Society for the Preservation of the Manx Countryside & Environment
ObjectionVery disappointed to see that the previous application, (06/1987) was refused only on design grounds. The Society... sees much more reason to refuse on **fundamental** New Houses in the Countryside and Zoning grounds.; We STRONGLY OBJECT.
Manx Electricity Authority
No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department...
Conditions requested: applicant must contact the Authority; Contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents... before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Lezayre Parish Commissioners
Objection**REFUSED** – Majority decision. This area is not zoned for development. There is poor access to the plot and the commissioners feel that there are building plots on the Island which will be more suitable.
Andrew Jessopp
Conditional No ObjectionI note that the site is zoned as agriculture/open space in the 1999 Local Plan so there would be a material reason to object to this proposal.; I would, if the application is approved, prefer that the building is designed using eco/sustainable development principles
Conditions requested: designed using eco/sustainable development principles in preference to a 'traditional' design
The original application for approval in principle to demolish metal outbuildings and erect a disabled person’s dwelling adjacent to Allandale Farm, Sulby, was refused by the Planning Committee on 31/05/07 primarily because the site lay outside zoned development boundaries in an area of high landscape value. Appellants argued urgent need due to their daughter Molly's rare progressive disability (Ataxia-Telangiectasia), exhaustive searches for zoned sites without success, site's run-down condition suitable for infill, and balance favouring personal circumstances. Council defended refusal citing strict countryside policies (Circular 1/88, Sulby Local Plan, GP3, EP2) unmet by proposal. Inspector acknowledged policy conflict but found exceptional personal need, site's integration into Sulby without significant landscape or sustainability harm, and tempered policy objections outweighed harms; recommended allowance subject to conditions. Minister approved on 07/11/07, modifying occupancy condition as legally invalid for sales restriction.
Precedent Value
Establishes that rigorously evidenced exceptional disability needs can exceptionally override strict countryside/zoning policies where site integrates without significant harm and alternatives exhausted. Future applicants must provide comprehensive medical proof, site search records, and accept strict conditions limiting occupancy/siting.
Inspector: David Ward
