4 July 2011 · Delegated - Senior Planning Officer
Field 432558, Douglas Road, Ballasalla, Isle Of Man, IM9 3ad
The application sought approval in principle for a new dwelling on Field 432558, an almost 6-acre (2.3 ha) agricultural field on the northwest side of the A5 Douglas to Castletown Road in Ballasalla, with 145m road frontage and depth of 110-140m.
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The officer assessed that the site is not designated for development on the prevailing Area Plan, so it must be considered against policies presuming against countryside development, including General…
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. essential agricultural housing, redundant rural building conversion, replacements). Officer found no exceptions apply as no agricultural justification, not a replacement, and site is Greenfield; proposal fails this core test presuming against countryside development.
Environment Policy 1
Protects countryside/ecology for its own sake, outside settlements or unzoned land; development not permitted without overriding national need and no alternative. Officer noted no overriding need demonstrated, site in High Landscape Value area.
Environment Policy 2
Uses landscape classifications like High Landscape Value/Scenic Significance for control. Site designated thus under 1982 plan and Incised Slopes in draft Southern Plan; new housing would extend urbanising influences contrary to conservation strategy.
Strategic Policy 1
Requires best use of resources, prioritising developed land and existing infrastructure. Rural Greenfield site fails location test.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates new development in towns/villages or urban extensions; countryside only in exceptional cases per para 6.3. No exception justified.
Strategic Policy 10
Promotes integrated transport minimising car journeys and ensuring highway safety. Missing visibility splays raised safety concerns.
Spatial Policy 2
Directs development to settlements; part of suite guiding to zoned areas.
Spatial Policy 3
Reinforces settlement focus.
Spatial Policy 4
Settlement-directed.
Spatial Policy 5
New development in defined settlements or per GP3 in countryside; fails here.
Housing Policy 4
New housing primarily in towns/villages or extensions; countryside exceptions limited to agricultural, conversions, replacements. None apply.
The original application 11/00750/A for approval in principle for erection of a dwelling on Field 432558, Douglas Road, Ballasalla was refused by the Department of Infrastructure. The appellant argued the site is amongst dwellings, disrupted by a gas pipeline making grazing unsafe, and needed for a high net worth individual justifying countryside policy exceptions. The Council defended refusal citing restrictive countryside policies (Strategic Policy 2, General Policy 3, Housing Policy 4, Environment Policy 2), High Landscape Value designation, lack of exceptions, and prior dismissed appeals. The inspector found no sufficient justification to override policies, giving limited weight to pipeline disruption and high net worth arguments, and dismissed the appeal. The Minister accepted the recommendation on 8 December 2011.
Precedent Value
Reinforces strict application of countryside policies (SP2, GP3, HP4, EP2); applicants must provide robust evidence for exceptions, not mere assertions about economic benefits like high net worth housing. Prior dismissals limit success of repeated arguments on same farm.
Inspector: Ruth V MacKenzie
