14 November 2012 · Minister for Infrastructure (Hon D Cretney), on appeal, overturning officer refusal
Kionslieu Farm, Kionslieu Hill, Foxdale, Isle Of Man, IM4 3hb
The proposal involved demolishing a dilapidated redundant barn approximately 8m behind the farmhouse at Kionslieu Farm and replacing it with a similar-sized building providing a garage for personal use, recreational/games room for guests of the existing tourist cottages, and a small two-storey ancillary living unit, co…
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The Minister found arguments for and against finely balanced but determined the proposed end use as ancillary tourist accommodation and leisure critical, noting the site's 'open space' designation ano…
General Policy 3
Prohibits development outside zoned areas except specific cases like conversion of redundant rural buildings of value (cross-ref Housing Policy 11); replacement not permitted. Officers found non-compliant as new build tantamount to countryside dwelling; Minister outweighed by site precedent and limited impacts despite 'open space' zoning.
Environment Policy 1
Protects countryside for its own sake with presumption against development unless overriding need. Officers refused on this basis; Minister accepted no overriding need but site-specific tourist precedent and no harm sufficient to override in this anomalous context.
Housing Policy 15
Extensions to countryside properties must respect proportion/form/appearance, only exceptionally >50% floorspace. Officers viewed linked building as non-subordinate separate extension; not re-assessed post-appeal as Minister focused on tourism use.
Housing Policy 11
Allows conversion of redundant rural buildings of architectural/historic/social value if structurally sound etc., explicitly prohibits replacement/rebuilding even identical form. Officers noted conversion possible but replacement not; Minister did not directly assess.
Business Policy 11
Tourism must comply with countryside policies; conversions possible per ENV16. Officers applied strictly; Minister accepted via expansion precedent.
Business Policy 12
Conversion of redundant countryside buildings to tourist use if complies with HP11. Officers noted non-conversion; Minister via functional expansion.
Business Policy 14
Encourages rural tourism like farmhouse/barn conversions complying with GP3/BP11/12. Supported by DED; Minister aligned with this.
Foxdale Local Plan Policy F/P/T/1
Encourages tourism promotion via conversions or expansion of proven facilities without countryside harm. Officers saw residential elements dominant; Minister via precedent.
Plans reference
This permission relates to the principle of the erection of a building to provide garage space, recreational room and ancillary living accommodation to replace existing redundant barn defined on plans received 28 June 2012.
Reserved matters approval
Approval of the details of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called the 'reserved matters') shall be obtained from the Planning Authority in writing before any development is commenced.
Reserved matters application time limit
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
Development commencement time limit
The development to which this approval relates shall begin within 4 years of the date of this approval or within 2 years of the final approval of the reserved matters, whichever is later.
Fully supports; sympathetic to policy encouraging quality tourist accommodation and diversification to boost economy; provides much needed facility for family market visitors; tourism makes significant economic contribution.
Supports; planned reception area improves management especially in inclement weather; reasonable development enhancing facilities for families at Kionslieu Cottages.
Supports as sustainable improvement to tourist facilities; replacement only viable option for dilapidated barn; accords with various policies if viewed as tourism enhancement.
Detailed appeal explaining business needs for improved indoor facilities/reception due to poor weather impacts; barn structurally unsound; enhances established family farm holiday business.
No comment; remain neutral.
Tourism Division fully supports the application for its alignment with tourism policy and economic benefits; Patrick Commissioners resolved to make no comment and are content for approval; DEFA Biodiversity recommends a bat survey due to roost potential.
Key concern: high potential to hold bat roosts requiring survey before decision
Department of Economic Development Tourism Division
SupportIsle of Man Tourism, Department of Economic Development fully supports the above planning application.; this proposal is in sympathy with the Department's policy to encourage quality tourist accommodation and to encourage the diversification of such sites to boost the local economy.
Patrick Parish Commissioners
No Commentthey resolved to make no comment on the proposal from which you may infer that they neither object to nor support the proposals you have but are content for approval to be given.
DEFA Biodiversity
Conditional No ObjectionI recommend an assessment for the presence of roosting bats before making a decision on this application. The Manx Bat Group or the Manx Wildlife Trust could undertake such a survey.
Conditions requested: recommend an assessment for the presence of roosting bats before making a decision on this application
The original application for approval in principle to erect a building replacing a redundant barn was refused for failing Housing Policy 15 (not respecting the dwelling's proportion/form/appearance) and appearing as a new dwelling in the countryside contrary to General Policy 3 and Environment Policy 1. The appellant argued it supports successful tourist accommodation, replaces a dilapidated barn, and complies with tourism policies like GP2, EP15, HP12/14. The inspector assessed it as unwarranted countryside development outside policy exceptions for replacement buildings, recommending dismissal despite tourism benefits. The Minister disagreed, finding the site's 'open space' designation anomalous given surrounding tourist uses and precedent from prior permissions, allowing the appeal as integral to existing tourist facilities with no highway safety or visual harm, subject to reserved matters conditions.
Precedent Value
This appeal shows Ministers can override inspector recommendations and strict countryside policies where proposals integrate with established tourist uses, treating prior permissions as de facto rezoning despite 'Open Space' designation. Future applicants should emphasise functional integration, economic benefits, and third-party tourism support, but note ministerial warning that cases are decided on unique merits.
Inspector: Alan Langton
