22 September 2015 · Planning Committee
Part Of Field 434311 Ballamodha Straight Ballamodha Ballasalla Isle Of Man
The proposal involves erecting a new dwelling on a 47m x 37m parcel of open countryside land containing minimal remains of a cottage last occupied in 1928. The design would reflect traditional Manx rural style with Manx stone walls, slated roof, chimneys, and sliding sash windows, incorporating sustainable features lik…
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The officer emphasized that the site is not designated for development in an area of open space under the Area Plan for the South, triggering a presumption against development per General Policy 3, wi…
General Policy 3
Requires presumption against development in undesignated countryside unless specific exceptions apply, such as re-use of existing fabric. Officer assessed that minimal tholtan remains preclude this exception; approval would render policy irrelevant and set precedent for new-builds without structures.
Environment Policy 1
Protects countryside for its own sake. Proposal conflicts as unwarranted development in open countryside despite sympathetic design.
Strategic Policy 2 - Priority for new development to identified towns and villages
Promotes sustainable development. Rural site deemed unsustainable due to car dependency despite sustainable building features.
Spatial Policy 5
Directs development to designated areas. Site in open space per Southern Area Plan, not zoned.
Housing Policy 4
Limits housing in countryside. Conflicts with new dwelling principle.
Housing Policy 11
Likely relates to essential worker dwellings; rendered irrelevant without farm occupancy details.
Does not object provided that visibility from proposed vehicular access would need to meet today's standards of 2.4 x 36 metres in each direction
Malew Parish Commissioners object to the application as it contravenes several policies in the Isle of Man Strategic Plan and Southern Area Plan.
Key concern: proposed development is in an area not zoned for development in the Southern Area Plan
Malew Parish Commissioners
ObjectionThey object to this Application as it is contrary to the provisions of the Strategic Policy 2, Spatial Policy 5, Environment Policy 1 and General Policy 3 of the Isle of Man Strategic plan, in that the proposed development is in an area not zoned for development in the Southern Area Plan.
The original application for approval in principle for erection of a dwelling on the site of a former tholtan at Ballamodha Straight was refused because the remnants were insufficient for reuse, failing General Policy 3 exceptions to countryside development presumption and conflicting with multiple Strategic Plan policies. The appellant argued the site formed part of a dispersed rural settlement, the tholtan was not abandoned but partially demolished, complied with GP3(a),(c),(d) and Housing Policies 11,12,14, supported by local precedents and economic contributions. The inspector meticulously assessed each GP3 exception, concluding no compliance due to abandonment, lack of substantial remains, no agricultural need, and no historic value or prior development status. Visual and sustainability impacts were also harmful despite good design. The Minister accepted the inspector's recommendation to dismiss the appeal on 1 March 2016.
Precedent Value
Strict application of GP3/HP12 abandonment tests requires substantial physical evidence and documented history; undocumented oral evidence insufficient even if recent; open countryside presumption robust against 'replacement' of long-abandoned ruins regardless of economic arguments.
Inspector: Alan Langton
