12 January 2012 · Delegated - Development Control Manager (Jennifer Chance)
Land Adjacent To, Sheeoil, Jurby Road, Lezayre, Ramsey, Isle Of Man, IM7 2ea
The proposal sought approval in principle for a dwelling on a 0.2 hectare triangular site described as domestic curtilage of the adjacent dwelling Sheeoil, containing trees and lawn with no defined boundary to the main curtilage.
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The officer emphasized that despite the site being part of the residential curtilage of Sheeoil with residential use, this does not create a presumption in favour of further development outside design…
Environment Policy 1
Presumption against development in areas designated as Woodland on the 1982 Development Plan. Site lies in such an area west of Ramsey boundary. No exceptions under GP3 apply as proposal not essential agricultural housing, redundant building conversion, previously developed land, replacement dwelling, or other listed categories.
General Policy 3
Sets exceptions to ENV1 prohibition on development outside zoned areas. Officer assessed proposal against list (agricultural housing HP7-10, HP11 conversions, brownfield redevelopment, rural replacements HP12-14, minerals/services, agriculture/forestry, national need, countryside interpretation) and found none applicable to new dwelling in curtilage.
Strategic Aim
Requires sustainable development locations. Site's countryside location outside zones conflicts as reiterated in recent Strategic Plan.
Strategic Policy 2 - Priority for new development to identified towns and villages
Sustainable development patterns. Proposal in undesignated area fails test for appropriate location.
Spatial Policy 5
Development confined to designated areas. Site not zoned, so policy breached.
Housing Policy 4
Housing in suitable locations. Undesignated countryside site unsuitable.
do not oppose; has no adverse traffic management, parking or road safety implications
no objection; request applicant contact for electricity supply and note underground cables/overhead lines present
Multiple consultees responded to application 11/01676/A for approval in principle of a dwelling on land adjacent to Sheeoil, Jurby Road, Lezayre; Highways and Manx Electricity Authority raised no objections while Parish approved by majority vote, but Community Planning Service objected due to lack of zoning and Water Authority required flood risk assessment.
Key concern: Land is not zoned for development
Lezayre Parish Commissioners
Conditional No ObjectionApproved 3-1 Majority. Is this land zoned for development?
Manx Electricity Authority
Conditional No ObjectionSee Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Isle of Man Water & Sewerage Authority
ObjectionThe following application require flood risk statements to prove that there is no flood risk to the proposals. The Authority's stance is objection till flood risk statements has been provided and found to be satisfactory.
Community Planning Service
ObjectionThis land is not zoned for development, but shown as Woodland on the 1982 Development Plan, and is otherwise white land.; It is highly questionable that the land is residential; even so this would not be a reason to allow development for housing.; The poor economic climate and need to boost the construction industry is NOT a satisfactory reason to relax the firmly established planning policies and procedures.
Highways Division
No ObjectionDo not oppose has no adverse traffic management, parking or road safety implications
Lezayre Parish Commissioners
No CommentThe Commissioners wish to defer their views on the following planning applications until after their meeting which will be held on 5th January 2012.
The original application PA 04/01595/A for approval in principle to erect a dwelling on land adjacent to Sheeoil was refused by the Planning Committee on review. The appellant argued the site was an infill in an existing residential area with prior residential use, citing nearby developments at Cronk Ruagh and Baldromma, and a precedent at Oatlands Bungalow. The Council defended the refusal citing open countryside policy under the 1982 Development Plan and Circular 1/88 to keep such areas substantially free from development, distinguishing the cited sites. The inspector found the site not comparable to precedents, rejected infill status due to its 100m frontage, and concluded it would harm countryside policy objectives. The Minister accepted the inspector's recommendation to dismiss the appeal on 14 June 2005.
Precedent Value
This appeal reinforces strict application of countryside policies in unzoned areas, rejecting infill exceptions for sites with substantial frontages even in residential curtilages. Future applicants must demonstrate precise policy compliance rather than relying on dissimilar precedents or character change arguments.
Inspector: David Ward
