29 December 2011 · Delegated - Development Control Manager (Jennifer Chance)
Kennaa Cottage, Kennaa Road, St. Johns, Isle Of Man, IM4 3lw
The site is the curtilage of a detached dwelling in the countryside, designated as high landscape or coastal value and scenic significance. The proposal sought to demolish a single-storey stone outbuilding with corrugated roof and replace it with a larger tourist accommodation unit featuring a gabled front porch, loung…
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The officer's starting point was the principle of development in the countryside, where there is a longstanding presumption against new building under General Policy 3 of the Isle of Man Strategic Pla…
General Policy 3
Prohibits development outside areas zoned on Area Plans except for specific exceptions including conversions of redundant rural buildings of value, redevelopment of previously developed land that improves landscape, or essential agricultural/forestry works. Officer assessed the proposal as new residential-type development in countryside with no qualifying exception; erection of tourist unit replacing outbuilding not listed. Appeal inspector confirmed non-compliance as site partly undeveloped field, no redundancy evidence, and no landscape improvement from larger building.
Business Policy 11
Requires tourism development to accord with sustainable objectives and countryside protection policies applied with equal weight; permits rural building conversions under Environment Policy 16 in some cases. Officer noted tourist use confers no special treatment, must meet GP3; no conversion proposed.
Do not oppose; has no adverse traffic management, parking or road safety implications
no objection to this application
Express interest; note underground cables/overhead lines present, require contact for working practices and supply
Manx Electricity Authority, Highways Division, and German Parish Commissioners raised no objections with MEA requesting contact for electricity supply; one individual objected on landscape grounds while another supported the tourist accommodation.
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Department of Infrastructure Highways Division
No ObjectionDo not oppose has no adverse traffic management, parking or road safety implications
German Parish Commissioners
No ObjectionMy Commissioners have no objection to this application.
The original application (11/01575/B) for demolition of an outbuilding and erection of tourist accommodation was refused by the Development Control Manager under officer delegation, primarily because it constituted unwarranted development outside zoned areas and did not meet exceptions under General Policy 3 of the Isle of Man Strategic Plan 2007. The appellant argued the site was previously developed land under GP3(c), the proposal would improve the landscape, and it offered economic benefits from tourism. The Council defended the refusal, asserting tourist accommodation counts as residential development with no policy exceptions applying. The Inspector rejected the appellant's claims, finding part of the site not previously developed, no evidence of redundancy, and the larger building causing significant harm to countryside character and appearance, outweighing unquantified economic benefits. The appeal was dismissed by written representations following a site visit, with the Minister confirming the refusal on 21 May 2012.
Precedent Value
This appeal confirms strict application of GP3(c) requires entire site to be previously developed, proven redundancy, and net landscape improvement; future applicants must provide quantified economic evidence and ensure proposals fit exactly within policy exceptions to avoid dismissal.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
