18 June 2007 · Minister for Department of Local Government and the Environment
Land Adjacent To Jurby West Crossroads, Postal Locality, Jurby West, Isle Of Man, IM7 3ay
The proposal sought approval in principle for three dwellings on a rectangular agricultural site at the eastern quadrant of Jurby West crossroads, within an Area of High Landscape Value. The site is surrounded by scattered rural dwellings, ruins, and the nearby Isle of Man Prison on former airfield land.
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The site lies in open countryside not zoned for development, designated as an Area of High Landscape Value (AHLV), where residential development is strictly controlled under General Policy 3 (exceptio…
General Policy 3
Restricts development outside zoned areas to specific exceptions (e.g. agricultural dwellings); proposal for general residential dwellings does not qualify, failing the policy test for countryside protection.
Housing Policy 4
Directs new housing to zoned towns/villages; site in isolated countryside promotes car-dependence, contrary to sustainability aim, with no hamlet infill exception.
Environment Policy 2
Prioritises landscape protection in AHLV; development would harm character/quality without essential location justification or proof of no harm.
No objection subject to visibility, parking, and turning conditions
No objection
Public representations include objections from SPMCE and neighbouring residents on countryside policy and amenity grounds, a supportive comment from Andrew Jessopp, and a conditional no objection from MEA after withdrawing initial concerns about electricity cables; Disability Access Office provided accessibility guidance without objection.
Key concern: Not zoned and outside the Jurby Village Study boundary
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society OBJECTS.
Manx Electricity Authority
Conditional No ObjectionThe MEA withdraws its objection to the above planning application after an on site meeting; building over these cables is not permitted
Conditions requested: No building or obstruction above the electricity cable which would prevent its maintenance, inspection, repair or renewal; Architect to discuss layout with MEA at early stage before detailed planning permission; All work on site to be carried out in accordance with Health & Safety Note HS(G)47
Disability Access Office
No ObjectionThese dwelling should be built under the Part M building regulations and so accessible to everyone including unassisted wheelchair users
Conditions requested: Dwellings to be built under Part M building regulations; Appropriate dropped kerbs and tactile paving when connecting to public highways; Clear delineation line between pavement and road if shared surface option used
The original application for approval in principle for three dwellings on land adjacent to Jurby West Crossroads was refused by the Planning Committee due to the site being unzoned countryside in an Area of High Landscape Value (AHLV) with no exceptional circumstances. The appellant argued the site was part of the historic hamlet, the nearby prison created visual blight justifying development to regenerate the area, and policies supported small-scale infill in hamlets. The council defended the refusal citing Circular 1/88, Strategic Plan Environment Policy 2 and Housing Policy 4, prior refusals, and lack of material change. The inspector found no evidence for hamlet regeneration policies, concluded the proposal conflicted with countryside protection policies, rejected the prison as justification for exceptions due to precedent risks, and recommended dismissal. The Minister accepted the recommendation and dismissed the appeal on 30 October 2007.
Precedent Value
This appeal demonstrates that strict countryside/AHLV policies are upheld without clear policy support or exceptional locational need; appellants must provide documentary evidence for claimed policies, and major infrastructure does not automatically open rural sites to housing due to precedent concerns.
Inspector: David Ward BSc CEng MICE FIHT
