6 August 2020 · Head of Development Management (Stephen Butler)
Hampton Court, Quines Hill, Port Soderick, Isle Of Man, IM4 1az
The site is part of the Hampton Court estate, a substantial detached house at the end of a tree-lined driveway off Old Castletown Road, in open countryside designated as Open Space/Agricultural and an Area of High Landscape or Coastal Value and Scenic Significance.
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The officer assessed the proposal against the settlement hierarchy, finding the site not within a named settlement or sustainable urban extension, making it an unsustainable location that encourages c…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in existing towns/villages or sustainable urban extensions; countryside only in exceptional circumstances per para 6.3. Officer found site in open countryside, not a named settlement, failing sustainability test.
Strategic Policy 10
Promotes integrated transport minimising car journeys, maximising public transport, ensuring highway safety and pedestrian movement. Site remoteness would increase private car use.
Strategic Policy 3 - To respect the character of our towns and villages
Defines Service Villages; site not listed, so outside hierarchy for new development.
Spatial Policy 5
New development in defined settlements; countryside only per General Policy 3. Site fails as no GP3 exception met.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (a-h) like agricultural housing, conversions, replacements. Proposal fits none; no overriding national need or alternatives; shed not essential agriculture/forestry.
Housing Policy 4
New housing primarily in towns/villages; countryside exceptions mirror GP3 (agricultural, conversions, replacements). Tourist dwellings fail all tests.
Environment Policy 1
Protects countryside/ecology for own sake; no development adversely affecting unless overriding national need with no alternatives. Proposal introduces built form harming countryside.
Environment Policy 2
In AHLV, landscape character paramount unless no harm or essential location. Three dwellings, shed and entrance harm character/quality in unzoned AHLV.
Environment Policy 15
Agricultural buildings only if need outweighs countryside policy, sited near groups, appropriate scale etc. No demonstrated need; isolated position inappropriate.
Do not object but recommend condition for S.106 Highways agreement for works joining the highway
DEFA Arboricultural Officer raised initial tree protection concerns but later confirmed they were addressed with conditional no objection recommending detailed tree protection and planting conditions; Highways had no objection subject to driveway surfacing condition; Braddan Pari…
Key concern: Contrary to Environmental Policy 1 and fails to justify conformity with Environmental Policy 16 and Business Policy 11
DEFA Arboricultural Officer
Conditional No ObjectionFollowing the submission of a TPP and AMS on the 30th December I can confirm that my concerns relating to protective measures for retained trees have now been addressed.; If this application is approved I recommend that you consider applying the following conditions; this application is still not supported by an arboricultural impact assessment, tree protection plan or landscaping details.
Conditions requested: No retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the dwelling, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-151219r1) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.; The implementation of the tree protection measures required under condition 2 shall be monitored throughout the construction process by a suitably qualified and pre-appointed tree specialist, in accordance with section 3 of the Arboricultural Method Statement prepared by Manx Roots and submitted in support of the application.; Prior to the occupation or use of the dwellings hereby approved, details of the trees to be planted between the A25 Old Castletown Road and the proposed driveway shall be submitted to and approved in writing by the Department. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established.; The tree planting approved under condition 4 above shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Department gives written consent to any variation.
Braddan Parish Commissioners
ObjectionThe Commissioners wished to advise that their objection to the planning application above remained the same:- That the application would be contrary to among others, Environmental Policy 1 and does not explain how in the view of the applicant the proposal conforms among others, Environmental Policy 16 and Business Policy 11.
DEFA Biodiversity Officer
No CommentDue to the scale of this development and the habitat features present the Ecosystem Policy Team recommends a Preliminary Ecological Appraisal (PEA) is undertaken prior to the determination of this application.; Any mature trees proposed for removal will need to be assessed for bats and bat roosts.
Highway Services Division
Conditional No ObjectionThe proposals will make use of an existing vehicular access that was approved through planning application 10/00264/B. The visibility at the access is suitable for an intensification of use.; Recommendation: DNOC
Conditions requested: Prior to occupation of the development the driveway shall be surfaced in bound and stable material over a minimum distance of 5.0m back from the highway boundary.
The original application for alterations, three tourist accommodation dwellings, a storage shed, and driveway was refused by the Department of Environment, Food and Agriculture under delegated powers for breaching countryside protection policies. The appellant argued historical significance, architectural merit overriding policies, and agricultural need for the shed. The inspector found the site to be countryside, the tourist units contrary to settlement and rural policies without exceptions, harmful to landscape character, lacking sufficient historical justification despite the mansion's importance, and no proven agricultural need for the isolated shed. The Minister concurred with the inspector's recommendation to dismiss the appeal on 30 April 2021, upholding the refusal.
Precedent Value
Countryside policies strictly upheld even for tourist uses linked to historic estates; functional agricultural need requires robust financial evidence and optimal siting; unexecuted historical designs carry no policy weight.
Inspector: Michael Hurley BA DipTP
