26 April 2010 · Planning Committee (initial refusal); Appeal dismissed by Mr D.A. Callister MLC acting as deputy to Minister for Infrastructure
Land At, Sound Road, Glen Maye, Isle Of Man, IM5 3bj
The proposal was for a new detached house with attached garage and vehicular access off Sound Road in Glen Maye, a narrow lane serving residential properties and forming part of a public footpath. The site is thickly vegetated with shrubs and trees, dropping to the river, and contains ruins of an old building.
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The Inspector found the site not zoned for residential development per the 1982 Development Plan, confirmed by a prior 2001 appeal inspector despite unclear 1991 Sector Plan maps lacking Tynwald adopt…
Western Sector Plan (Circular 8/91)
Zoning unclear ('leave something to be desired'); site determined outside residential areas. Limited weight as never Tynwald-approved/adopted.
Strategic Plan
General thrust protects countryside from urban development unless exceptional circumstances; none apply here as not infill or other exception.
Residential Development - Houses in the Countryside
Applies to countryside sites; no agricultural need advanced.
Renovation of Buildings in the Countryside
Residential use of ruins abandoned; does not permit new countryside dwellings via rebuilding.
No objection subject to conditions on sewer connection, no surface water to foul sewer, watercourse consent, and bank protection advice
The original application (09/01768/B) for erection of a detached dwelling was refused by the Planning Committee primarily because the site is not zoned for residential development and is in countryside requiring protection. The appellant argued the site is within a 1991 residential zoning, the design fits the area, no unwarranted countryside intrusion, low flood risk, and minimal tree loss. The inspector found the site is semi-rural on the fringe of settlement, not zoned residential per prior appeal and unclear maps, and the proposal would extend urbanisation into countryside contrary to Strategic Plan policies. Objections on access, trees, and flooding were considered supplementary and not decisive. The appeal was dismissed, confirming the refusal.
Precedent Value
Unadopted or unclear plans carry limited weight; fringe sites risk being seen as countryside extension despite ruins or nearby dwellings. Applicants must demonstrate exceptional circumstances for unzoned rural sites under Strategic Plan.
Inspector: Graham Self MA MSc(Eng) FRTPI