22 December 2010 · Minister for Infrastructure (decision against appointed person's recommendation), issued by I T Thompson Chief Executive
Land Adjacent To, Kerrowkeil, Patrick Road, St Johns, Isle Of Man, IM4 3bn
The proposal was for a new two-storey detached dwelling with two ensuite bedrooms, lounge, utility room, and solar tiles, sited 2m from boundaries on a triangular garden plot of Kerrowkeil, with parking at the front and replacement tree planting after removing an existing ash tree.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The Minister considered the appointed person's report but did not concur, directing refusal under appeal powers. The key reasons were that the development would cause loss of an important boundary ash…
Environment Policy 42
Requires new development in settlements to respect local character and prohibits removal of open/green spaces contributing to visual amenity. Minister found tree loss without suitable replacement harmed rural character, directly conflicting with policy.
Residential Policy RES/P/5 (St John's Local Plan)
Limits new residential outside specific development areas to cases complying with agricultural/countryside circulars 1/88, 3/88, 3/89. Site not in designated areas and proposal not agricultural/renovation, so non-compliant; officer noted tension with para 2.18 on judging infill on merit but Minister prioritised strict policy.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale, not adversely affect landscape character or amenity. Appeal proof argued failure on cramped form, amenity harm, tree loss; officer deemed compliant but Minister overturned.
Transport Policy 7
Requires parking per Appendix 7 standards (2 spaces/unit, 1 behind frontage for dwellings; 1/bedroom for guest houses). Front-only parking failed curtilage/behind-frontage test and impacted Kerrowkeil guest house parking.
Do not oppose; has no traffic management, parking or road safety implication.
The original application for a detached dwelling on a triangular garden plot adjacent to Kerrowkeil, Patrick Road, St Johns was permitted by the Senior Planning Officer on 22 December 2010, considering it acceptable infill development despite policy tensions. Neighbours (Mr & Mrs Walton, represented by Kaz Ryzner Associates) appealed, arguing conflict with St John's Local Plan RES/P/5 limiting development outside designated sites, loss of rural character via tree removal, cramped development, and non-compliance with parking standards. The Planning Authority and applicants defended it as meritorious infill with adequate mitigation. Inspector David Ward held a public inquiry on 10 May 2011 after a site visit, finding inadequate tree replacement planting and parking layout indicating overdevelopment, conflicting with Strategic Plan policies and Local Plan aims. The Minister accepted the recommendation on 8 June 2011, reversing approval and refusing permission.
Precedent Value
Third parties can successfully appeal grants of permission by proving policy conflicts and inadequate mitigation; emphasises need for suitable, site-appropriate landscaping and strict adherence to parking appendices even in infill sites. Future applicants in sensitive villages must demonstrate no 'town cramming' and provide realistic tree replacement.
Inspector: David Ward
