19 October 2011 · Delegated - Development Control Manager (Jennifer Chance)
Harleys, Killane, Ballaugh, Isle Of Man, IM7 5bb
The application sought permission to build a detached 1.5 storey garage/store (10m x 9.8m, 6.1m ridge height, 149 sqm floor area) with office/sleeping space above, a new driveway with turning area, and extension of the residential curtilage into adjacent field 224042 behind the existing dormer bungalow.
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The officer assessed the proposal against GP3, ENV1 and ENV2, finding no exceptions applied as the site is unzoned White Land in AHLV countryside; the garage/office (149 sqm, larger than the 148 sqm h…
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. ag housing, rural conversions, replacements); proposal fits none as new build garage/office ancillary to existing dwelling in unzoned countryside, extending built form without improving landscape.
Environment Policy 1
Protects countryside/ecology for its own sake against adverse development unless overriding national need with no alternative; garage/curtilage extension adversely affects countryside without such justification.
Environment Policy 2
Prioritises landscape character protection in AHLV unless no harm or essential location; building's size/siting (149sqm, storey-and-half) harms open field character despite screening claims, visible from roads.
No opposition, subject to contacting Network Operations prior to highway works
No objections
The original application PA 11/01229/B for erection of a detached garage and store with study/office above, creation of a vehicular access and drive, and extension of domestic curtilage was refused by the Development Control Manager on 19th October 2011 for reasons of unwarranted domestic intrusion into the countryside and a building tantamount to a dwelling, contrary to General Policy 3, Environment Policy 1 and Environment Policy 2 of the IoMSP 2007. The appellant argued need for garaging/storage, poor existing access, home working benefits, screening by planting, non-agricultural field history, and policy support for domestic outbuildings. The inspector found the proposals would undermine rural character through bulk/height of the building comparable to a dwelling, spread of domestication via new drive/curtilage extension, and conflict with countryside protection policies despite personal circumstances and access improvements. The appeal was heard at a public inquiry on 26 January 2012 following a site visit, with the inspector recommending dismissal, which the Minister accepted on 29 February 2012.
Precedent Value
Demonstrates strict application of GP3/EP1/EP2 in AHLV preventing domestic outbuildings of dwelling-like scale sited away from house, even with access/need arguments; future applicants should propose minimal structures within existing curtilage or demonstrate policy exceptions.