31 July 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Rogers Cottage, Ballacrye Road, Ballaugh, Isle Of Man, IM7 5bp
The proposal was for a new detached double garage with store (8.9m wide x 6.5m deep externally, 4.0m eaves height, total 6.6m high) on the site of an existing dilapidated outbuilding, with self-contained living accommodation above including living/kitchenette, bathroom and bedroom, accessed by external stairs.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The officer report concluded the proposal creates 'self-contained living accommodation which would be tantamount to a new dwelling in the countryside in terms of its use and its appearance', on unzone…
General Policy 3
Requires development only in zoned areas with listed exceptions (e.g. agricultural housing, redundant building conversion); none apply here as new build, not conversion/replacement. Officer: site not zoned, proposal tantamount to new dwelling.
Environment Policy 2
In AHLV, landscape character protection paramount unless no harm or essential location; additional building harms despite screening. Inspector: 'adverse effect on the character of the landscape'.
Planning Circular 1/88 Residential Housing in the Country
Discourages residential development in countryside outside zoned areas (paras 3,5,6: Island to remain free from development, fragile countryside); no agricultural need here.
No objection
No objection subject to the provision of a car parking space for the tourist accommodation
No comment on merit but informative note on fire safety if approved
Highways Division had no objection subject to a parking condition; Ballaugh Parish Commissioners had no objections; Fire Safety Officer raised safety concerns recommending deferral or refusal; SPMCE objected strongly to new countryside development.
Key concern: proposed layout is inherently unsafe
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition: One off-street parking space shall be provided for the guest accommodation.
Conditions requested: One off-street parking space shall be provided for the guest accommodation.
Ballaugh Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto.
Department Of Home Affairs Isle Of Man Fire And Rescue Service
ObjectionApplicant to consult with the Fire Safety Department as the proposed layout is inherently unsafe.
Society for the Preservation of the Manx Countryside & Environment
ObjectionThis really amounts to a new house in the countryside with garaging beneath.; is it the latest ploy to get around the restriction on the building of new houses in the countryside? One hopes not but nevertheless it has to be stopped.; The Society OBJECTS in the same terms as on the occasions quoted above
Ballaugh Parish Commissioners
No Objectionmy Commissioners do not wish to add to their previously submitted views and comments, but request that those views and comments are taken into consideration
The original application for erection of a detached garage block with tourist/guest accommodation above at Rogers Cottage in open countryside was refused by the planning authority, primarily for creating a new dwelling contrary to countryside protection policies including Circular 1/88 and Strategic Plan policies. The appellants argued it was ancillary garaging within residential curtilage, compliant with Circular 1/88, needed for tourist/guest use, and distinguished from precedents. The inspector concluded the proposal created an additional self-contained dwelling unit subject to countryside residential restrictions, with adverse landscape impacts in an Area of High Landscape Value, and cumulative effects justifying dismissal despite small scale. The council defended refusal citing policy compliance and precedent from appeal AP07/0013. The appeal was dismissed on 29 October 2007.
Precedent Value
Reinforces that self-contained tourist/guest accommodation over garages/outbuildings in countryside curtilages constitutes new dwellings, strictly controlled regardless of small scale or tourism intent. Future applicants must demonstrate redundancy of existing structures or fit precise policy exceptions; standalone curtilage claims ineffective in unzoned/AHLV areas.
Inspector: David Ward
