30 July 2015 · Planning Committee (decision presented by C Balmer, signed by Director of Planning and Building Control)
Field Number 230451 At Overdale, Balleira Road, Kirk Michael, Isle Of Man, IM6 1ee
The proposal involved erecting a detached dwelling with a 150m² footprint centrally within a 1.2-acre undeveloped agricultural field (Field Number 230451) next to the applicants' existing home 'Overdale', sharing the sloping driveway access to Balleira Road.
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The officer emphasized a 'long established presumption against new residential development in the countryside', reinforced across multiple policies including Spatial Policy 5 requiring development wit…
Strategic Policy 3 - To respect the character of our towns and villages
Requires new development within defined settlements like service villages (Kirk Michael); site is outside settlement in open space, failing to maintain settlement character or direct housing appropriately.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. agricultural housing, rural building conversions, replacements); proposal fits none, confirming general bar on countryside dwellings.
Environment Policy 1
Protects countryside/ecology 'for its own sake'; development not permitted without overriding national need and no alternative, neither demonstrated here.
Housing Policy 4
New housing primarily in towns/villages or sustainable extensions; countryside only in exceptional cases like agricultural housing or conversions/replacements, none applicable.
Transport Policy 4
Highways must accommodate development traffic safely; submitted plans lack visibility splays, site entrance substandard per officer visit.
Kirk Michael Local Plan Policy 12.4
No release of open space for development except areas already proposed; site explicitly zoned open space/agriculture.
no objection... If the application is approved the applicant to contact highways regarding access and visibility issues
Michael Commissioners object to the planning application because the land is zoned as agriculture.
Key concern: land is zoned as agriculture
Michael Commissioners
ObjectionThe Commissioners have an objection to this planning application as the land is zoned as agriculture.
The original application for approval in principle for a detached dwelling, including siting and access, on agricultural 'Open Space' land was refused by the Planning Committee for breaching countryside protection policies (SP3, GP3, EP1, HP4, KMLPO 12.4) and lacking visibility splays (TP4). Appellants argued the site formed part of the original residential curtilage of Overdale under a 1964 permission, within village boundaries, with no agricultural use, and justified by Mr Harvey's disability needs. The inspector rejected these, confirming the site's current 'Open Space' designation under KMLPO 1994, paddock appearance, access visibility issues, and insufficient weight from personal circumstances or history to override policies. The appeal was recommended for dismissal.
Precedent Value
Appeals cannot override current development plan designations based on historical permissions alone; personal disabilities carry weight only in exceptional cases and must not create perpetual countryside dwellings; challenge plan zoning during adoption, not retrospectively.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
