1 December 2015 · Planning Committee
Volley View, Sulby Glen, Sulby, Isle Of Man, IM7 2az
The application sought permission to build two large detached dwellings, each 440sqm with triple garages, on Field 131452 along Sulby Glen Road, an area of open countryside used for horses and bounded by mature trees and hedgerows.
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The officer identified a long-established presumption against new residential development in the countryside, reinforced by multiple policies: the site is unzoned under the 1982 Plan, contrary to Gene…
Strategic Policy 4
Requires villages like Sulby outside service village hierarchy to maintain existing settlement character and scale for local needs only, with boundaries defined in area plans. Officer found proposal contravenes as site outside boundaries, extending development inappropriately.
Strategic Policy 3
Protects character of towns/villages by avoiding coalescence and using local materials/design. Proposal harms rural separation between developed areas.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. agricultural housing, conversions). Proposal falls into none, in unzoned countryside.
Environment Policy 1
Protects countryside for its own sake unless overriding national need with no alternative. No such need demonstrated for two market dwellings.
Environment Policy 2
Prioritises landscape character in High Landscape Value areas unless no harm or essential location. Dwellings would harm character/quality.
Housing Policy 4
New housing primarily in towns/villages or extensions; countryside only for exceptions like agricultural need. Proposal is market housing with no exception.
No objection subject to condition on visibility splay heights
Minimal impact on trees if construction avoids root protection areas; condition recommended
Lezayre Parish Commissioners refused the application due to unzoned land, traffic issues near school, and design concerns, while the Assistant Forester offered conditional no objection with tree protection measures.
Key concern: land is not zoned for development
Lezayre Parish Commissioners
Objection**Refused 4-1 Majority** The land is not zoned for development. Commissioners envisage traffic issues due to proximity of school entrance. Suggest one entrance to both properties which they feel should be larger bungalows, not dormer bungalows.
Conditions requested: Suggest one entrance to both properties
Forestry, Amenity and Lands Directorate
Conditional No ObjectionIf construction activity stays out of the root protection areas of the trees around the perimeter of the field, this proposal should have a very minimal impact on the trees.; The key will be to ensure construction activity stays out of the root protection areas.
Conditions requested: Putting a condition on the approval that fencing is erected in conjunction with BS5837. This should be inspected and approved in writing (by a Forestry officer if necessary) before construction starts; Requesting that a plan is provided which shows the root protection areas of all the trees concerned and clearly indicates the precise location of the protective barriers that will be erected to form an exclusion zone around the retained trees; Or, a combination of both the above
Planning application 15/00991/B for erection of two detached dormer bungalows with integral garages on unallocated open space within Sulby village boundary was refused due to conflict with countryside protection policies. Appellant argued site is within village boundary, near existing development, and likely for future allocation amid delayed Northern Area Review. Council defended refusal citing presumption against countryside development, AHLV zoning, and Sulby Local Plan open space designation. Inspector found against principle of development and harmful landscape impact, recommending dismissal. Minister disagreed, finding principle acceptable given site within village boundary, natural boundaries, existing development pattern, and lack of prejudice to future Area Plan; also found no material harm to landscape character, allowing the appeal with conditions.
Precedent Value
Demonstrates ministerial discretion can override inspector recommendations on countryside principle where site infills village edge with natural boundaries and no acute housing pressure. Future applicants should emphasise village envelope context, existing development proximity, and delays in plan reviews over strict policy compliance.
Inspector: Ruth V MacKenzie
