21 September 2015 · Planning Committee
Field 234268, Douglas Road, Kirk Michael, Isle Of Man, IM6 1at
The proposal involved erecting two identical dwellings of roughly 175sqm each on a dog-leg-shaped grassy field northeast of Douglas Road, part of the ownership of Cass-a-Lergy dwelling, with access from the existing track off the TT course road.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The officer concluded the site falls within countryside to be protected for its own sake, as it is not zoned for development on the Kirk Michael Local Plan and appears agricultural despite adjacency t…
Kirk Michael Local Plan Policy 5.9
Policy states no further areas should be allocated for residential development. The officer assessed the unzoned site as countryside, with no material grounds to override the presumption against development.
General Policy 3
Development not permitted outside zoned areas except in specific exceptions (e.g. agricultural housing, conversions), none applicable here. Site failed as unzoned countryside development with no overriding need.
Environment Policy 1
Countryside protected for its own sake; development not permitted unless overriding national need with no alternative. Proposal adversely affected countryside character, no such need justified.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily within towns/villages; site close to Kirk Michael services made it sustainable but did not override zoning.
Strategic Policy 10
Promotes integrated transport minimising car journeys and ensuring highway safety; site accorded due to proximity to services and acceptable access.
In principle the visibility sightlines and off road parking can be achieved. Highways will comment in full if planning approval is approved.
Michael Commissioners objected to planning application 15/00815/A in two consultation responses due to the land being zoned as agricultural.
Key concern: land being zoned as agricultural
Michael Commissioners
ObjectionThe Commissioners have an objection to this planning application as they think the land maybe zoned as agricultural. Please would you clarify if the land is zoned as agricultural.; OBJECTION
Michael Commissioners
Objectiondue to the land being zoned as agricultural, the Commissioners object to the planning application above.; OBJECTION
The original application for approval in principle for two dwellings, addressing siting and access, was refused by Planning Committee on 21 September 2015 due to the site being outside residential zoning on the 1994 Kirk Michael Local Plan, contrary to Policy 5.9, General Policy 3 and Environment Policy 1 of the Strategic Plan. Appellants argued the site was infill within Kirk Michael village, sustainable, with no neighbour objections, acceptable access, and Passivhaus benefits. Council defended refusal emphasising countryside protection and lack of material circumstances to override zoning. Inspector, after site visit and public inquiry on 8 December 2015, found the proposal finely balanced but allowable as two well-designed houses fronting the road would not significantly harm countryside protection aims, treating layouts as illustrative. Minister accepted recommendation on 2 February 2016, approving subject to conditions including reserved matters, tree protection and levels.
Precedent Value
Reinforces that unzoned edge-of-village sites can succeed on appeal if demonstrably infill-like, sustainably located in Service Villages, with no tangible countryside encroachment, even against outdated Local Plans; assess underlying policy aims (no harm) over rigid boundaries, but requires strong visual/landscape evidence and frontage-facing design.
Inspector: Alan Langton DipTP CEng MRTPI MICE MCIHT
