15 April 2014 · Planning Committee
Field 320977, Main Road, Crosby, Isle Of Man, IM4 4bq
The proposal sought approval in principle for a shop building (illustrative footprint 30m x 12.5m), 28 car parking spaces, and access alterations on a 86m x 53m field portion at Ballawilleykilley, Main Road, Crosby. The site abuts the A1 road, opposite St.
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The officer recognised the Commissioners' efforts to serve the community and logical site choice for passing trade and local access, with highway safety and neighbour amenity concerns resolvable via c…
Environment Policy 1
Requires protection of countryside (land outside settlements or not zoned for development) unless overriding national need outweighs protection and no reasonable alternative exists. Officer assessed proposal fails as local shop need lacks demonstrable support to justify overriding designation; no national need shown.
Environment Policy 2
Protects Areas of High Landscape Value and Scenic Significance (AHLV) unless development does not harm character/quality or location is essential. Site in AHLV; officer found shop would harm landscape character and separation of settlements, with no essential location justification due to viability doubts.
General Policy 3
Presumption against development outside zoned areas except specific exceptions (e.g. agriculture, conversions, national need). Proposal does not fit exceptions; officer confirmed no overriding need or alternative to justify shop on open space.
Community Policy 1
Requires community benefits like neighbourhood centres in new/expanded residential areas. Noted but not applicable as site not in such area; officer acknowledged parish need but lack of support undermined.
Community Policy 2
New facilities should serve local population, be accessible to non-car users, reuse vacant buildings where possible. Site logic for access/parking accepted, but lack of support and non-reuse failed overall test.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages or sustainable extensions; countryside only in exceptional cases. Site in countryside; no exception met due to insufficient local justification.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
New retail (except neighbourhood shops in specific cases) in town/village centres on zoned land. Proposal outside centres; neighbourhood exception not justified by support/need evidence.
Environment Policy 2
Safeguards 9m either side of high tension power cables from development. Existing supplies noted; condition proposed to address if approved.
much needed
do not oppose subject to visibility splays of 2.4m by 90m, car parking at 1 space per 15 sq m, turning space, access constructed first, traffic regulation order, Section 109a agreement
no objection
The original application for approval in principle for a multi-purpose shop on unzoned countryside land at Ballawilleykilley, Main Road, Crosby (14/00139/A) was refused by the Planning Committee on 15 April 2014 primarily due to lack of demonstrable local support, conflict with open space and AHLV designations, and precedent risks eroding separation between Crosby and Glen Vine. Appellants argued strong local need following closure of the Crosby shop, overwhelming support (over 100 letters), compliance with policies allowing essential development in AHLV, suitable location serving both villages, and minimal impacts via reserved matters. The inspector found insufficient dispassionate evidence of community support, harmful countryside and landscape intrusion eroding settlement separation under EP1/EP2, less than ideal highway safety on a strategic route, and potential residential amenity issues, outweighing benefits. The appeal was dismissed by the Minister on 21 October 2014, upholding the refusal with reasons citing GP3, BP10, EP1, and EP2.
Precedent Value
Demonstrates that even local authority-backed community retail proposals in countryside require robust, dispassionate evidence of need/support to outweigh Strategic Plan protections for unzoned land and AHLV; future applicants should prioritise formal consultations and smaller-scale designs, pursuing site allocations via Area Plans.
Inspector: Alan Langton
