20 August 2010 · Minister (via Chief Executive I. T. Thompson) on appeal - upholding delegated refusal by Director of Planning and Building Control (M. I. McCauley)
Melrose Cottage, St. Judes Road, Andreas, Isle Of Man, IM7 3hf
The proposal involved building a kennel block containing 10 individual insulated dog cabins (450x300x450mm) within runs of 1.5x2.5m, measuring 9m wide by 6m deep with 1.8m high walls and a dark green galvanised ribbed sheet roof, sited in the northwest corner of the rear garden at Melrose Cottage, screened by sod banks…
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The independent inspector concluded the appeal should be dismissed because of unacceptable noise, nuisance and disturbance to neighbouring residents at Jemmy Dans (100m away), contrary to Environment …
General Policy 3
Restricts countryside development to specific exceptions (e.g. agriculture, replacements); kennels not listed, treated as inappropriate residential/commercial use despite rural suitability, balanced against amenity/highway harms; inspector found proposal falls outside exceptions.
Environment Policy 22
Prohibits development unacceptably harming amenity via noise/light pollution; failed due to potential dog barking nuisance at 100m to Jemmy Dans in quiet rural area (background LA90 35dB), despite mitigations, as no noise evidence provided and mesh/exercise areas problematic.
Environment Policy 2
Protects landscape character outside AHLV; visual impact assessed acceptable due to low scale (1.8m), dark green finish, sod banks (1.8-2.4m) screening from 53m off A17.
Proposal acceptable subject to conditions; noise mitigated by design, sod banks, fencing; access improved since prior refusal; working dogs quieter
The original application for a kennel block was refused by the Department of Infrastructure on 19 August 2010, primarily due to noise and disturbance to nearby residents and inadequate visibility splays for the commercial use. The appellant argued that the design, screening, and operation with working dogs would mitigate noise, access had been improved, and traffic generation would be low compared to existing uses. The inspector identified main issues as living conditions of neighbours and road safety, finding unacceptable noise nuisance within 300m due to inadequate sound insulation, ineffective screening, and expected barking during exercise, contrary to Environment Policy 22; and insufficient visibility splays (only 2.4x60m achievable versus required 2.4x160m) for the increased traffic of a commercial kennel. The Minister accepted the inspector's recommendation on 18 January 2011, confirming the refusal.
Precedent Value
Demonstrates high bar for rural kennels: must provide robust noise evidence (insulation, barriers around source) and assured visibility splays within control; inspectors prioritise neighbour amenity (300m noise zone) and highway safety standards over low traffic claims or contextual commercial uses.
Inspector: John S Turner
