6 January 2020 · Delegated - Principal Planner (Sarah Corlett)
Cloghwilley Cottage, Tosaby Road, St. Marks, Ballasalla, Isle Of Man, IM9 3an
The proposal sought retrospective permission for a cabin already erected within the grounds of Cloughwilly Cottage, a modest cottage on Tosaby Road, St Marks, Ballasalla. The cabin has three bedrooms, a lounge, and a timber-framed carport, with a footprint of 13m by 9.2m, eaves height of 1.9m, and ridge height of 3.3m,…
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The officer determined the cabin represents the erection of a new dwelling in the countryside on unzoned white land/Open Space, contrary to the presumption against such development in General Policy 3…
General Policy 3
Prohibits development outside zoned areas except on previously developed land where redevelopment reduces landscape impact and improves environment. Officer assessed the cabin as new dwelling not meeting exceptions, in open agricultural field within residential curtilage but unzoned white land.
Environment Policy 1
Protects countryside (land outside settlements or unzoned) for its own sake; no development adversely affecting it unless overriding national need with no alternative. Site in countryside with ecological interest; cabin's erection, tree removal, and excavation caused significant harm with no overriding need.
Environment Policy 3
No development causing unacceptable loss/damage to woodland with amenity/conservation value. Development removed young/mature trees, shrubs, overgrowth, significantly altering site character in short and long term.
Spatial Policy 5
New development must positively contribute to Island's environment; may require Design Statement. Cabin not sympathetic in scale/layout/location to landscape.
Housing Policy 4
Reinforces presumption against development outside settlements. Cited alongside others in refusal for new countryside dwelling.
do not oppose
Department of Infrastructure (DOI) Highways Division issued a 'Do not oppose' response with no conditions for the retrospective cabin erection at Cloughwilly Cottage.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 29 Nov 19
The original application 19/01241/B for a retrospective three-bed insulated cabin and car port was refused due to being an unwarranted new dwelling in the countryside, visual harm to the landscape, and tree loss. The appellant argued it was ancillary accommodation for family with mobility needs (Huntington's disease), within PDL, screened by woodland, and compliant with IMSP policies including GP3 exceptions. The Inspector found it constituted an unwarranted new dwelling contrary to StP2 and GP3, intensified residential character eroding the landscape against GP2, EP1, StP5, with some woodland damage under EP3, and personal needs insufficient to override policy harms. The appeal was dismissed on 13 August 2020, upholding the refusal.
Precedent Value
Reinforces strict application of GP3/StP2 countryside protections; ancillary claims fail for scaled units resembling dwellings; personal needs rarely override public policy harms. Future applicants must prove GP3 exceptions (e.g. actual landscape benefits) and consider alternatives before additional rural units.
Inspector: Brian J Sims
