Close Jairg Beg, Old Church Road, Crosby, Isle Of Man, IM4 2ha
Appeal against the condition 2 for the erection of replacement stone wall; creation of new vehicular access and driveway; erection of boundary fencing with drainage channel
Erection of replacement stone wall; creation of new vehicular access and driveway; erection of boundary fencing with drainage channel
Appeal against the refusal for creation of new vehicle access, erection of boundary fence and landscaping
Creation of new vehicle access, erection of boundary fence and landscaping
Creation of a campsite with associated access road and facilities to be used annually for the duration of the TT and Grand Prix / Festival of Motorcycling
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The original application PA 25/90192/B for erection of a replacement stone wall, new vehicular access and driveway, and boundary fencing with drainage channel was approved by the Planning Committee on 28 July 2025 subject to Condition 2, which mandates permanent 1.8m fencing to ensure physical and functional separation between the house and adjoining fields for highway safety reasons per General Policy 2(h) and Manual for Manx Roads. The appellant contests Condition 2, arguing the fence is only to prevent dual vehicular access and contain pets, not to redefine curtilage, and cites a 2021 High Court judgment quashing Area Plan Map 10 for the site due to procedural unfairness. The Council's statement defends the condition as essential to the approval's highway safety justification, referencing applicant's correspondence confirming functional separation, prior appeal refusal, and UK case law on curtilage redefinition through physical/functional severance. No inspector's analysis or decision is provided in the documents. The appeal (AP25/0029) is at the written representations stage with a hearing elected.
Precedent Value
This ongoing appeal highlights that conditions securing functional land use separation (e.g., fencing to prevent dual access) can be robustly defended using applicant correspondence and UK curtilage case law, even where historical planning permissions suggest larger curtilage; appellants should anticipate curtilage reassessment based on approved operational changes rather than title/history alone.
