22 August 2008 · Minister for Department of Local Government and the Environment (via Chief Executive K. A. Kinrade) - Appeal Dismissed
Land Adjacent To Jurby West Crossroads, Postal Locality, Jurby West, Isle Of Man, IM7 3ay
The proposal sought approval in principle for a single dwelling on an overgrown plot forming part of the curtilage of Arundale, a detached bungalow in the countryside near Jurby West crossroads. The site is unzoned open space/agricultural land in an area of High Landscape Value and Coastal or Scenic Significance.
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The site is a rectangle of overgrown land adjoining an isolated bungalow in the countryside, not part of a village or zoned residential area, despite appellant claims of it being extended garden curti…
Strategic Policy 1
Requires optimising previously developed land and efficient site use utilising infrastructure. Officer noted site as under-used but still countryside, not zoned, so policy directs development to towns/villages first.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages or sustainable extensions; countryside only in exceptional cases. Site not in village, so failed; groups of houses to be assessed in future Area Plans, not ad hoc.
General Policy 3
Prohibits development outside zoned areas except listed exceptions (e.g. ag worker housing). Proposal lacked any exception like agricultural need or redundant building conversion.
Environment Policy 2
Protects High Landscape Value areas unless no harm or essential location. New dwelling would harm character; nearby prison and ag dwelling allowed under other policies but this general house not essential.
Housing Policy 4
New countryside housing only for ag workers, conversions, or replacements. No matching exception; prison housing need unproven and not overriding; infill not permitted.
no objection
Do not oppose subject to off street parking provision and visibility splays of 2.4 metres x 90 metres
Jurby Parish Commissioners and Highways Division raised no objections to application 08/01130/A subject to conditions on parking and visibility splays; Andrew Jessopp objected on planning policy grounds; Lu Woodham objected citing non-compliance with planning policy.
Key concern: contrary to GP3
Jurby Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto.
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Off street parking provision must be in accordance with the Isle of Man strategic plan.; Visibility splays of 2.4 metres x 90 metres
Andrew Jessopp
ObjectionDespite the earlier approval the proposal is contrary to GP3 and no justification to over-ride the policy has been provided.
Lu Woodham
ObjectionThis application, I believe, is not in accordance with planning policy.
The original application (08/01130/A) for approval in principle for a dwelling on part of the curtilage of Arundale was refused by the Planning Committee due to its countryside location in an Area of High Landscape Value without special circumstances. The appellant argued the site was residential curtilage within a hamlet, would not harm character, and addressed housing needs from the nearby prison. The inspector rejected these, finding Jurby West not a village, the site not residential despite curtilage status, and no evidence of housing need or matching special circumstances under Housing Policy 4. The appeal was dismissed on written representations following a site visit.
Precedent Value
This appeal confirms strict application of Housing Policy 4 in countryside; curtilage land remains countryside unless exceptionally justified. Future applicants must provide robust evidence of policy-matching special circumstances, not general needs or comparisons to justified agricultural approvals.
Inspector: David Bushby BA (Hons) MCD MRTPI
