6 November 2009 · Senior Planning Officer
Close Leece Farm, Patrick Road, St. Johns, Isle Of Man, IM4 3br
The proposal involved approval in principle for erecting four dwellings on part of Field No. 522699, including a new entrance and drainage works, on land designated as open space (agricultural) under the 1991 Braddan Local Plan. The site is in the rural Quines Hill area of Braddan Parish.
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The officer concluded the proposal represents 'unwarranted development in the countryside' as the site is designated open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish Dis…
Policy 5.4 A policy of refurbishment and amalgamation of existing properties in the Conservation Area will apply
Restricts further residential development to avoid encroachment into rural areas, except south of Cronkbourne Village. Officer assessed the Quines Hill site as within protected open space, failing this test as unwarranted countryside intrusion.
Policy 5.8 of Planning Circular 6/91
References circulars limiting countryside housing; exceptions do not apply. Proposal tested against these and found non-compliant as new build not tied to agriculture or conversions.
Castletown Local Plan Policy 13.4
Prohibits further countryside development except for specified cases or national/agricultural needs; open space must be respected. Site fails as no qualifying exception.
General Policy 3
Prohibits development outside zoned areas except listed exceptions (e.g. agricultural housing, conversions, replacements). Officer confirmed proposal fits none, despite applicant claims.
Environment Policy 1
Protects countryside from adverse development unless overriding national need. Assessed as failing due to lack of justification outweighing protection needs.
Housing Policy 4
Limits countryside housing to exceptional cases like agricultural or conversions. Proposal for four new dwellings strictly fails these narrow tests.
Do not oppose
Do not oppose
Interest expressed; contact required for supply and safety
The original application PA09/01535/A for approval in principle for four dwellings, new entrance and drainage works was refused by the Planning Committee. The appellant argued that the scheme addressed previous refusal reasons, cited Circular 6/91 allowing limited infilling in hamlets like Quine's Hill, referenced the abandoned Braddan Plan 2003 which identified the site, and claimed precedent from nearby approvals. The Council defended the refusal on non-compliance with land use policies in Circular 6/91 and Strategic Plan 2007, stating the site is not zoned and development is unwarranted in the countryside; access and drainage were not objected to. The Inspector concluded the proposal conflicted with adopted policies including GP3, EP1 and Housing Policy 4 of the Strategic Plan 2007, rejected weight to the abandoned Braddan Plan based on prior appeal precedents, dismissed precedent claims from older approvals, and found no material considerations outweighed policy conflict. The appeal was dismissed at a public inquiry on 23 February 2010, with the Minister concurring on 21 April 2010.
Precedent Value
This appeal reinforces that abandoned local plans and underlying studies carry no weight; development in unzoned countryside will be dismissed under Strategic Plan GP3/EP1 regardless of resolved technical matters or historical approvals. Future applicants must await Area Plans or demonstrate precise policy exceptions.
Inspector: David G Hollis