27 March 2013 · Minister for Infrastructure (via Chief Executive I T Thompson)
2 Slegaby Cottages, Ballacottier Road, Onchan, Isle Of Man, IM4 5bh
The proposal sought to change approximately 427 sq m of adjacent agricultural field 534188 (part of a one-third acre area) to domestic garden curtilage for the semi-detached single-storey dwelling at 2 Slegaby Cottages, increasing the total curtilage from 558 sq m to 985 sq m (76% increase) with an additional 10 m road…
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The Planning Officer recommended approval, concluding the extension 'would not appear as a significant extension or intrusion into the countryside' due to roadside screening by sod banking and gorse h…
General Policy 3
Requires development only in zoned areas except specific exceptions (none directly applicable to curtilage extensions). Officer and inspector found principle conflict but actual impact negligible due to screening and scale, tipping balance to acceptability. Committee applied strictly against rural extensions.
Environment Policy 1
Protects countryside for its own sake, prohibiting adverse effects unless overriding need. Assessed on visual/principle basis: inspector found 'little impact' from garden use, screened views, and enhancement to home setting outweighed minor agricultural loss, unlike prominent cases.
Time limit
The development hereby approved shall be commenced before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the change of use from agricultural land to domestic garden as proposed in the submitted documents and drawing 0606A/01 date stamped 9 January 2013 and drawing 1202/01 date stamped 20 February 2013.
Fence repositioning
Within one month of this approval the existing centre fence separating the garden from the field intended to accommodate the goats must be repositioned as shown on drawing 1202/01 date stamped 20 February 2013 and thereafter retained as such. For the avoidance of doubt, no approval is given or implied for the land east of the centre fence being used for residential purposes.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, polytunnels, walls, gates, fences garden sheds, summerhouses, flag poles, decking, garages, car ports or tanks for the storage of oil or gas for domestic heating shall be erected nor solar panels or ground water source heat installations replaced or installed within the additional residential curtilage hereby approved other than as may be expressly approved in writing by the Planning Authority.
no objection to the proposal; supported approval and appeal
no objection to each other's similar proposals
Onchan District Commissioners supported the application and recommended approval; an individual member of the public objected on countryside protection grounds.
Key concern: non-compliance with Environmental Policy 1 of the IoM Strategic Plan 2007 protecting countryside and ecology
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.; The Commissioners have nothing further to add or detract from their views made at the initial stage that the application be approved.
Geoffrey Clark
ObjectionEnvironmental Policy 1 of the IoM Strategic Plan 2007 states: 'The countryside and its ecology will be protected for its own sake.' This proposal does not comply with that requirement.
The original application for change of use of 514 sq m of adjacent agricultural land to domestic garden was refused by the Planning Authority on 27 March 2013 for being an unwarranted extension into the countryside, visually intrusive, and detrimental to the area's character, contrary to General Policy 3 and Environment Policy 1. The appellant argued the land was used for grazing pygmy goats, not intrusive, and neighbours supported similar proposals with no plans for untidy domestic features. The inspector found the existing curtilage deficient by modern standards, the extension reasonable and non-intrusive, potentially enhancing the home's setting without conflicting with countryside policies, provided it remained garden-only without structures. The Minister concurred with the inspector's recommendation on 15 July 2013, allowing the appeal subject to conditions including repositioning a fence and removing permitted development rights.
Precedent Value
This appeal sets precedent that modest curtilage extensions (c. 0.1 acre) for deficient rural estate cottages can be allowed if screened, non-intrusive, and conditioned to prevent further development, even against GP3/Env1. Future applicants should emphasise existing amenity shortfall and commit to garden-only use with PD rights removal.
Inspector: Alan Langton
