25 August 2016 · Planning Committee
Land At, Ballacashin Farm, Lane From Lanjaghan Road To Ballacashin Farm, Abbeylands, Isle Of Man, IM4 5eg
The proposal seeks approval in principle for a 147sqm bungalow (approx. 7m x 21m) on a site comprising the curtilage of an existing steel-framed storage/depot building adjacent to Ballacashin Farmhouse, in a rural hillside area designated as open space in the Onchan Local Plan.
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The officer assessed the proposal against strict countryside policies (O/RES/P/22 of Onchan Local Plan, Spatial Policy 5, General Policy 3, Housing Policy 4, Environment Policy 1, Strategic Policy 10 …
Policy O/RES/P/22 (Onchan Local Plan)
Prohibits new dwellings outside designated residential areas, particularly in rural countryside protected by Planning Circular 1/88 and designated high landscape value. Officer found proposal contrary as site is open space, not planned for development, representing unwarranted countryside development.
Spatial Policy 5
Presumes against new housing outside settlements. Officer noted site not designated, conflicting with policy directing development to towns/villages.
General Policy 3
Allows countryside development on previously developed land subject to criteria; site qualifies as previously developed (existing structures) but fails subsequent criteria like Housing Policy 4 exceptions.
Environment Policy 1
Protects landscape character; officer found no undue harm due to screening, topography, and integration with existing building cluster.
Housing Policy 4
Permits countryside housing only in exceptional cases (agricultural, conversions, replacements); proposal does not qualify, adding unjustified dwelling in unsustainable location.
Strategic Policy 10
Links development location to transport sustainability; remote site increases private car use without public transport, contrary to policy.
Time limit for commencement
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Time limit for reserved matters
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Approval of reserved matters
Details of the design, external appearance, internal layout, and landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Details required for reserved matters
Plans and particulars of the reserved matters referred to in Condition 3 shall include (but not be limited to) details of: (a) the provision to be made for the parking and turning of vehicles within the site; (b) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (c) all external materials to be used in the development; (d) existing and proposed ground and floor levels; (e) landscaping, including the retention of any existing trees.
Access and visibility splays
Prior to any construction the access shown on drawing no onc/bcashin/2a rev B date stamped 16/06/16 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Single storey only
The development hereby permitted shall be single storey only.
Occupancy restriction
The development hereby permitted shall in the first instance be occupied by the applicant or a member of his family.
Visibility splays acceptable following amended plans; no objection subject to condition on access construction and unobstructed splays
Highways Division initially deferred but later issued DNOC with a specific condition on access and visibility splays after amended plans; Onchan District Commissioners recommended refusal due to countryside location without agricultural need.
Key concern: presumption against development in the countryside and no demonstration for agricultural need
Department of Infrastructure (DOI) - Highways Division
Conditional No ObjectionDo not oppose with condition/comment; DNOC on 21/07/16; Visibility is acceptable; Splays of 2.4 x 36 metres are required for a single dwelling. If this site is to be utilised by more that one property these splays may have to be increased.; Reason: In the interest of highway safety
Conditions requested: Prior to any construction the access shown on drawing no onc/bcashin/2 rev B date stamped 16/06/16 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED on the grounds that:- "There is a presumption against development in the countryside and there is no demonstration for agricultural need."
Department of Infrastructure (DOI) - Highways Division
No CommentDefer - awaiting information; Applicant is to provide information on the access arrangements including visibility splays from proposed access. Splays of 2.4 x 36 metres are required for a single dwelling.
The original application for approval in principle for a single-storey bungalow addressing siting and access was recommended for refusal by the Planning Officer but approved by the Planning Committee due to exceptional family personal circumstances involving disability and care needs. Onchan District Commissioners appealed, arguing conflict with countryside protection policies in the Onchan Local Plan and IOMSP, and that personal circumstances were insufficient. The applicant defended with evidence of disability needs, low visual impact, site security, and precedents. The inspector found minimal visual harm, no amenity or highway issues, and that personal circumstances combined with other material considerations outweighed policy objections. The Minister accepted the inspector's recommendation to dismiss the appeal and uphold the approval subject to conditions including single-storey limit and family occupancy.
Precedent Value
This appeal shows personal circumstances can exceptionally justify new countryside dwellings if combined with no harm to visual amenity, neighbours or highways, and unique site factors like screening and prior development; future applicants must provide robust medical/security evidence and prove all other impacts minimal to outweigh strict policy.
Inspector: Anthony J Wharton
