28 January 2011 · Minister for Infrastructure (Phil A Gawne MHK), on appeal, directed by I T Thompson Chief Executive
Bungalow, West Craig Farm, St Judes Road, West Craig, Ramsey, Isle Of Man, IM7 3by
The proposal sought retrospective permission for a new single storey building (18.1m width x 6m depth x 4m ridge height) for tourist accommodation on the site of a demolished former brickworkers' cottages at the historic West Craig brickworks site in the countryside.
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The Minister found arguments finely balanced: rigorous Strategic Plan policy application led to refusal as new countryside building, per Inspector's conclusion that it failed GP3(c) previously develop…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in towns/villages, countryside only in exceptional circumstances (para 6.3). Officer/Inspector applied rigorously, finding proposal as new countryside build fails; Minister balanced against heritage but noted policy leads to refusal.
General Policy 3
Restricts countryside development except exceptions including previously developed land (c) where redundant, reduces landscape impact, improves environment. Site debated as previously developed (excl. minerals extraction?); post-demolition cleared site means new build increases impact, fails criteria per Inspector; Minister weighed heritage positively.
Housing Policy 4
New housing in countryside only in exceptional cases (agricultural, conversions, replacements). Proposal tantamount to new dwelling, self-contained, fails as no special circumstances.
Housing Policy 11
Permits conversion of rural buildings of historic interest if structurally capable, intact, no rebuilding/replacement. Prior approval under similar Circular 3/89; demolition then new build explicitly not permitted ('no permission for rebuilding or replacement buildings of similar form').
Business Policy 14
Tourism development in rural areas if complies with Plan (GP3, BP11/12). Favours farmhouse/self-catering in conversions; new build fails GP3 base policy, though Minister noted tourist use positively.
Approved plans
This approval relates to the erection of a single-storey building for use as tourist accommodation (retrospective) as proposed in the submitted documents and drawings numbered 231-08A and 231-20, all received on 21st September 2010.
Roof materials
The roof must be finished in dark natural slate.
Salvaged bricks reuse
Salvaged bricks from the original building must be used where possible in non-structural elements of the new building and in the hard landscaping which forms part of the scheme required by condition (4) below.
Landscaping scheme
No further development may take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority, and these works shall be carried out as approved. Details of the hard landscaping works shall include all footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the accommodation hereby permitted. All planting shall be carried out in accordance with the approved details and in the first planting and seeding seasons following that first occupation. Any trees or shrubs which, within 5 years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
Parking hardstanding
Prior to the first occupation of the accommodation, the hardstanding to the front of the building must be completed to allow the parking provision to be used.
No objections
Do not oppose, has no traffic management, parking or road safety implication
Supports the proposal; applicants of highest integrity, genuine misunderstanding, improves environment, preserves industrial archaeological significance on brownfield/previously developed land
Supports the proposal
The original application for conversion of a derelict brickworkers' cottages into tourist accommodation was approved in 2006, but during works the structure was found unsound and demolished, leading to a retrospective application for a new build which was refused on 26 January 2011. Appellants argued it qualified as development on previously developed land under GP3, would meet tourism needs including for disabled access, and preserved industrial heritage. The inspector held a public inquiry on 12 May 2011, analysed GP3 criteria and found the proposal failed as the site was now a cleared garden with no building, increasing landscape impact, and distinguished it from a cited precedent. Despite the inspector's recommendation to dismiss, the Minister found arguments finely balanced, noted the site's industrial archaeology interest, prior approval, and similar form, and allowed the appeal with a condition to reuse salvaged bricks.
Precedent Value
Demonstrates ministerial discretion can allow rebuilds on historic brownfield sites despite inspector policy-based dismissal if finely balanced with heritage and prior consent. Future applicants must ensure robust structural surveys and consider retention conditions; tourism benefits alone insufficient without policy fit.
Inspector: David Ward BSc(Hons) CEng MICE FCIHT
