17 September 2013
Mines Cottage, Ballakilpheric Road, Colby, Isle Of Man, IM9 4bx
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The original application (13/00868/B) for a solar-powered four-bedroom house linked to the existing cottage as a guest suite, incorporating an abandoned mine shaft, was refused by the Planning Committee. The appellant argued the proposal respected the site's industrial heritage, provided sustainable off-grid living, utilised previously developed land, and qualified under exceptions in General Policy 3, Housing Policies 14 and 15 of the Strategic Plan. The Planning Authority and Rushen Parish Commissioners contended it conflicted with countryside protection policies, causing adverse visual impact and failing General Policy 3 exceptions. The inspector concluded the proposal conflicted with Environment Policy 1 and General Policy 3, did not qualify for exceptions including previously developed land or heritage interpretation, and offered no material considerations of sufficient weight to justify approval. The Minister accepted the inspector's recommendation to dismiss the appeal on 14 January 2014.
Precedent Value
This appeal demonstrates strict application of GP3 exceptions in countryside; applicants must provide robust evidence for previously developed land (no blending into landscape) and heritage benefits (public access required); innovative designs must demonstrably avoid adverse visual impact and fit policy criteria precisely.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
