7 November 2019 · Delegated - Principal Planner (Sarah Corlett)
Field 430886, Kerrowkeil Road, Grenaby, Ballasalla, Isle Of Man, IM9 3bb
The proposal involved erecting a detached garage (6m x 7.5m footprint, including a 1.5m log store) in field 430886, outside the residential curtilage of Edd Beg cottage, accessed via an existing field gate and 75m grass track.
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The officer assessed the proposal against General Policy 3, which presumes against development outside zoned areas unless specific exceptions apply, and Environment Policy 1, which protects countrysid…
General Policy 3
General Policy 3 presumes against development outside areas zoned on the Area Plan unless specific exceptions apply, such as essential agricultural housing or conversions of redundant buildings. The officer tested whether the garage qualified under any exception but found none applied, as it was a new domestic structure in open countryside with no justification provided for extending the curtilage.
Environment Policy 1
Environment Policy 1 protects countryside outside settlements or development zones from adverse development unless overriding national need exists with no alternatives. The proposal was assessed as adversely affecting the countryside by spreading development into an agricultural field, without demonstrated need overriding protections.
Do not Oppose
Highways Development Control has no objection to the proposed erection of a detached garage as it does not change access arrangements or increase traffic generation.
Highways Development Control
No ObjectionThe proposed garage remains part of the existing dwelling albeit in a detached location. There is no change in terms of access arrangement or increases in traffic generation.; As a result, the proposals are considered acceptable from a highways aspect.; There are no suggested conditions.; Recommendation: DNO
The original application (19/00818/B) for erection of a detached garage in Field 430886 adjacent to Edd Beg was refused by DEFA Planning due to its location outside the residential curtilage, constituting unwarranted spread into open countryside contrary to EP1 and GP3 of the IMSP. The appellant argued the site was within the curtilage, within permitted development limits, essential for electric vehicle charging with no reasonable alternative location, and aligned with climate change goals. The Council defended the refusal citing aerial evidence of recent track formation without lawful development status and lack of justification for countryside intrusion. The Inspector found the garage location outside the curtilage based on site visit and photographic evidence, accepted the need for off-road parking and EV charging but deemed it insufficient to override GP3 exceptions, recommending dismissal. The Minister accepted this recommendation on 4 November 2020, upholding the refusal.
Precedent Value
Demonstrates strict enforcement of curtilage boundaries via historical evidence and site visits; personal sustainability needs do not override countryside policies without proving GP3 exceptions. Future applicants must secure lawful development status for tracks/land or demonstrate no curtilage alternatives with robust evidence.
Inspector: Brian J Sims
