26 February 2014 · Hon T Crookall MHK following report of appointed person (independent inspector Stephen Amos), by order of Minister for Infrastructure
Lough Ny Shuin, Jurby East, Isle Of Man, IM7 3ha
The proposal involved altering and converting existing redundant storage outbuildings within the curtilage of the dwelling Lough Ny Shuin, located in open countryside accessed via a private unmade farm track, to create a small one-bedroom tourist accommodation unit with kitchen/lounge, bathroom, new slate pitched roofs…
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The proposal did not strictly comply with Strategic Plan policies such as Spatial Policy 5, General Policy 3(b), and Environment Policy 16(b) as the utilitarian building lacked proven architectural, h…
Spatial Policy 5
Restricts countryside development to General Policy 3 exceptions only. Proposal in open countryside did not fall within GP3(b) (no architectural/historic/social interest), but officer/inspector weighed other material considerations as permitted by s10(4) TCPA 1999.
General Policy 3
Exception (b) allows redundant rural buildings of interest; building redundant (applicant evidence unchallenged) but lacked specific historic/social value. Assessed as not strictly compliant but spirit supported rural re-use.
Environment Policy 4
Prohibits harm to protected species/habitats/sites; no designations, no evidence of adverse wildlife impact from modest proposal.
Environment Policy 16
Criteria for rural building re-use: (a) redundant/intact yes; (b) no special interest/visual attraction; (c) no extension, minor changes ok; (d) no unacceptable traffic; (e/f) small scale ok. Alterations enhanced appearance.
Business Policy 14
Rural tourism (e.g. barn conversions) if complies with GP3/B11/12; redundancy established.
Transport Policy 7
Requires parking per standards; curtilage space adequate for 1 extra vehicle.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Approved plans
The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 2535/13 01 (site location plans), 2535/13 50 (existing) and 2535/13 100 (proposed) received on 20 December 2013. Reason: For the avoidance of doubt.
Holiday let restriction
The holiday let hereby permitted shall not be used or occupied other than for the provision of short let holiday accommodation and shall not be used as a separate dwelling. No person(s) shall occupy or use the accommodation hereby permitted for a single period or cumulative periods exceeding 28 days in any calendar year. Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
no objections
do not oppose
advisory note only - contact for supply
The original application for alterations and conversion of redundant farm buildings to tourist accommodation was approved by the Planning Committee despite policy concerns. The appellant (landowner of adjacent farm) appealed, arguing non-compliance with countryside development policies, access issues on the private track, harm to farm operations, privacy, and wildlife. The Planning Authority and applicant defended the approval citing modest traffic impact, building enhancements, economic benefits, and no material public harm. The inspector found the proposal conflicted with countryside policies due to lack of historic/architectural interest but concluded other material considerations, including visual improvements and minimal impacts, outweighed this, recommending dismissal. The Minister concurred, confirming the approval.
Precedent Value
This appeal shows development plan conflicts in countryside (e.g., lacking special building interest) can be overridden by no-demonstrated harms, visual benefits and modest economic gains, especially for small-scale tourism re-use. Applicants should prioritise evidence on negligible impacts and Act s10(4) material considerations over rigid policy adherence.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
