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
Water and Sewerage Authority Drainage Division offered no objection subject to specific drainage and flood-related conditions; Manx Electricity Authority requested contact for supply arrangements; Patrick Parish Commissioners raised concerns but did not object outright; multiple …
Key concern: river bank erosion risk requiring protection measures
Water and Sewerage Authority Drainage Division
Conditional No ObjectionNo Objection subject to the following; The assessment shows that the proposed dwelling will be above the 1 in 100 year plus climate change flood level; the risk of bank erosion is high that the developer provides protection to the river banks below the property
Conditions requested: proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority, Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense; NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); written consent is required from the Isle of Man Water & Sewerage Authority for any work carried out on any watercourses; developer provides protection to the river banks below the property to negate any potential undermining of the property; if Planning permission is granted that the levels for the site are given to Douglas02 Datum
Manx Electricity Authority
No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; See Note 2
Conditions requested: applicant must contact the Authority
Patrick Parish Commissioners
No CommentThe Commissioners generally do not oppose the resurrection of disused buildings; concerned that a consistency of approach should be followed in this area of High Landscape Value; It is recommended that the Applicant conduct a full Flood Risk Assessment
Conditions requested: full Flood Risk Assessment prior to any works being undertaken
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
