14 November 2012 · Minister for Infrastructure (by Order, signed by I T Thompson, Chief Executive)
Kilkenny Wood, Colooneys Lane, Cooil, Douglas, Isle Of Man, IM4 2ag
Mr & Mrs Cowell applied to erect a small timber garden store (2.384m x 1.78m, ridge height 2.137m) and create a 4m x 2m hard standing area of 200mm deep hardcore inside the site gateway for parking, on their small wooded plot designated as open space/agriculture in the countryside.
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The inspector concluded the timber garden store would be an 'alien and intrusive feature' in the rural woodland glade setting, prominent due to its proximity to the lane despite lower ground levels, a…
Environment Policy 1
Protects countryside (land outside settlements/not zoned for development) for its own sake; development not permitted unless overriding national need outweighs protection, for which no reasonable alternative exists. Inspector found no such need demonstrated; proposal causes significant harm to countryside character.
General Policy 3
Restricts development outside zoned areas except specific cases e.g. (f) essential for agriculture/forestry, (h) for interpretation of countryside/wildlife/heritage. Not agricultural (no activity intended); storage/parking not 'interpretation' (typically visitor centres). Would be unwarranted/detrimental to visual amenity/character.
Castletown Local Plan Policy 13.4
No further development permitted in open space/countryside except national strategic/essential agricultural purposes. Site designated open space/agriculture; exceptions do not apply.
Environment Policy 7
No development normally within 8m of watercourse to protect habitats/species. Shed ~2.2m from southern boundary/~6m from stream per appellants; no evidence of harm to aquatic habitats, not determining.
Environment Policy 15
New buildings permitted if agricultural/horticultural need outweighs countryside policy, sited near buildings/appropriate scale etc. No agricultural/horticultural justification; not relevant.
Strategic Policy 10
Development must not adversely affect highway safety. Low traffic lane, no Highways objection, minimal vehicle movements; no significant impact.
no objections
do not oppose subject to visibility splay condition
acceptable if excavations around tree roots minimised; under-planting ok but limited species due to shading; protect mature Beech tree
The original application for erection of a garden store and creation of hard-standing at Kilkenny Wood was refused by the planning authority primarily for conflict with Environment Policy 1 and General Policy 3 of the Isle of Man Strategic Plan 2007, as the site is unzoned countryside. Appellants argued the development was essential for garden use, would improve the site, reduce car trips, and fit within policy exceptions like General Policy 3(h) for countryside interpretation. The council defended the refusal emphasizing lack of essential need and precedent for rural protection. The inspector found the shed and hard-standing would be alien and intrusive in the woodland glade, causing significant harm to character and appearance, not falling within policy exceptions, and outweighing other considerations like highway safety or environmental benefits. The appeal was dismissed on 15 March 2013, upholding the refusal.
Precedent Value
This appeal reinforces strict application of countryside protection policies (EP1, GP3) in unzoned woodland glades; applicants must demonstrate clear policy exceptions or overriding need, not mere convenience for domestic garden storage/parking. Future cases should provide site-specific evidence on visual integration and avoid reliance on personal circumstances.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
