23 August 2023 · Delegated - Principal Planner (Jason Singleton)
Land West Of Merrion Park, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1bb
The proposal sought approval in principle for siting a dwelling and garage on a 1,617 m² grassed site bounded by hedging, with an existing gated access to be replaced by a new central 4m wide access meeting highway visibility standards.
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The officer determined that the principle of a dwelling in this unallocated countryside site is unacceptable as it contravenes policies strictly controlling development outside zoned areas, with no ov…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in existing towns/villages or sustainable extensions, with countryside development only in exceptional circumstances (para 6.3). Officer assessed site lacks such exceptions, as no agricultural need demonstrated despite family farm links.
Spatial Policy 5
Protects countryside; referenced in refusal but not detailed in report. Officer applied alongside SP2 to reject principle of unallocated rural housing.
General Policy 3
Prohibits development outside zoned areas except specific exceptions like essential agricultural housing (a). Officer found no functional test met, as applicants not agricultural workers requiring tied occupancy.
Housing Policy 4
New countryside housing only for agricultural workers (a), conversions (b), or replacements (c). Proposal fails (a) as no agricultural need/occupancy tie proposed.
Environment Policy 1
Protects countryside for its own sake unless overriding national need with no alternative. Development adversely affects countryside character without justification.
General Policy 2
Requires good siting, design, scale protecting amenity/character (b,c,h). Acceptable for neighbour amenity/highways but fails visual/character test by harming semi-rural gap.
No objection subject to conditions on access, parking, bicycle storage, and drainage details
No objection
Highways Division raised no objection subject to conditions on access, parking, and drainage; Braddan Parish Commissioners had no objection; DEFA Biodiversity requested conditions for montbretia eradication and native planting; DEFA EPU sought confirmation on sewage discharge method.
Key concern: Montbretia invasive species spread and biodiversity net loss
Department of Infrastructure Highways Development Control
Conditional No ObjectionThe proposal is to an acceptable standard to allow Highway Services Development control to have no objection to the proposal in principle.; Recommendation: DNOC; Highways Development Control notes the additional information... Accordingly, the recommendation of DNOC remains with requested conditions and advisories
Conditions requested: Access arrangements conforming to drawing No. 2; Gradient of maximum 1:14 (7%) from access to highway; Acceptability of drainage solution confirmed by Highway Services Drainage Team; Section 109(A) Highway Agreement post planning consent; Details of parking and internal layout to be submitted to the Department for approval prior to the commencement of construction; Parking provision of a minimum of two spaces with space within curtilage to turn and exit in forward gear confirmed at reserved matters stage; Bicycle parking provision in a secure and covered location at rate of one space per bedroom
Braddan Parish Commissioners
No ObjectionI can confirm that they had no objection to the following application:- PA23/00267/A
DEFA Biodiversity
Conditional No ObjectionMontbretia is a Wildlife Act 1990 Schedule 8 invasive non-native plant species.; Irresponsible working methods could enable the spread of this plant into the wild which would be an offence
Conditions requested: No works including construction and enabling works unless a montbretia avoidance and eradication plan has been submitted to Planning for written approval and works undertaken in full accordance; Detailed application to be accompanied by a plan for native replacement planting
DEFA Environmental Protection Unit
No CommentPlease can the following information be confirmed by the applicant or agent; Discharge method for the proposed Klargester Biodisc sewage treatment works.
The original application 23/00267/A for approval in principle to site a dwelling and garage, discharging siting and access, was refused by DEFA for conflicting with countryside protection policies (Strategic Policy 2, Spatial Policy 5, General Policy 3, Housing Policy 4, Environment Policy 1) due to no overriding need and loss of green gap harming rural character (General Policy 2, Environment Policy 1). Appellant argued infill in Ballaveare hamlet, no landscape harm, local family need, precedents, and sustainability via bus access. Council defended refusal on policy conflict and visual harm. Inspector found no harm to character/landscape, local circumstances weighed in favour per IMSP Section 8, overturned refusal and recommended approval with conditions.
Precedent Value
Sets precedent for IMSP s8.8 sensitive infill in unzoned rural hamlets where no demonstrable landscape harm, even post-2016; local family needs + precedents can override GP3/EP1 if no visual harm proven. Future applicants should evidence hamlet status, no harm, and tie to s8.8 benefits.
Inspector: Brian J Sims BSc (Hons) CEng MICE MRTPI
