30 May 2014 · Planning Committee
Land Adjacent To Number 72 Slieau Curn Park Kirk Michael Isle Of Man
The proposal involves building one 3-bedroom bungalow (House Type A) and three 2-bedroom dormer bungalows (House Type B) on a site at the end of the Slieau Curn Park residential estate, continuing the existing building line with matching dash render, uPVC windows/doors, and interlocking roof tiles.
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The officer determined that the zoning line separating residential and Open Space (Agriculture) zones cannot be accurately located on modern maps due to the hand-drawn 1:2500 scale Kirk Michael Local …
Kirk Michael Local Plan Policy 5.9
Restricts residential development to zoned areas. Officer assessed zoning line's uncertain location (hand-drawn, thick line, no markers) cuts through existing approved dwellings/gardens, questioning its weight; site's edge-of-estate character and neglect justified departure.
Kirk Michael Local Plan Policy 12.4
No release of open space for development. Site partly in Open Space (Agriculture) but assessed as not contributing to landscape due to fly-tipping/fencing; 'rounding off' estate acceptable given visual impression.
Environment Policy 1
Protects countryside outside settlements. Site enclosed, neglected, not publicly accessible or part of open fields; development loss acceptable as it detracts from landscape and completes settlement edge.
General Policy 2
Permits zoned development respecting site/surroundings, amenity, highways. Proposal matches local bungalow style, sufficient separation (18m front-to-front), 11 parking spaces, boundary treatments conditioned.
General Policy 3
Restricts development outside zoned areas except exceptions. Zoning uncertainty and site as 'previously disturbed' (fly-tipping, fenced) allowed via countryside protection balance.
Strategic Objective 3.2(c)
Guide development to existing settlements using infrastructure. Kirk Michael is Service Village; site uses existing services/road.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Manx sod hedge northeast of House Type A
The boundary treatment to the northeast of House Type A shall be formed of a Manx sod hedge and this shall be retained thereafter. It shall run the full length of the northeastern curtilage of House Type A on its boundary with the adjacent land as shown on approved Drawing No 2, date-stamped as having been received on 21st January 2014. Reason: In the interests of the character and appearance of the site and surrounding area.
Rear/side fencing House Type B
The boundary treatment to the rear gardens of all three House Type B dwellings shall be of solid timber construction for 1.2m in height, and shall have a 0.6m-high trellis above. This fencing shall be both to the rear and side curtilages of all three House Type B dwellings. Reason: In the interests of the character and appearance of the site and surrounding area.
Five bar gates between boundaries
The boundary treatment on the 7.5m boundary line between the two sets of boundary treatment set out under conditions 2 and 3 above shall comprise one or more five bar gates and attached to timber gate posts. The gate(s) shall not be higher than 1.2m in height. Reason: In the interests of the character and appearance of the site and surrounding area.
Low-level front boundary House Type B
Forward of the building line, the boundary treatment to all three House Type B dwellings shall be low-level (in any case no greater than 1.05m in height) and constructed of vertical posts with spaces between. Reason: In the interests of the character and appearance of the site and surrounding area and in the interests of highways safety.
Pavement standard
The pavement hereby approved shall be in accordance with the Manx Roads standard. Reason: In the interests of highways safety.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
Support to finish estate, prevent fly-tipping/parking of motorhomes, provide first-time buyer homes
Support for first-time buyer provision to help get on property ladder
acceptable subject to conditions - pavement in accordance with Manx Roads standard
The original application for erection of four detached dwellings was approved by the Planning Committee on 30 May 2014 subject to conditions, despite prior refusals on the site for larger schemes. Residents led by Mr & Mrs Corris appealed, arguing the site was designated Open Space (Agricultural), contrary to Local Plan Policy 5.9, with concerns over density, parking, construction impacts, traffic, and loss of open space. The inspector found the development would complete the 'unfinished' estate, comply with Strategic Plan policies prioritising development in settlements, provide adequate parking and amenity, and that the imprecise Local Plan zoning line (drawn for a non-implemented bypass) carried limited weight due to changed circumstances. Previous refusals for larger schemes were distinguished as this was limited to road-frontage development. The Minister accepted the inspector's recommendation to dismiss the appeal and confirm the approval on 14 October 2014.
Precedent Value
This appeal sets precedent that imprecise local plan boundaries, especially those linked to abandoned schemes like bypasses, carry limited weight against more recent strategic policies directing infill to villages. Future applicants should emphasise scheme merits, physical completion of estates, and compliance with current standards over historical refusals.
Inspector: Alan Langton
