6 May 2011 · Senior Planning Officer (delegated under Article 3(13) of Town and Country Planning (Development Procedure) Order 2005); refusal upheld by Minister on appeal
Hilltop Nurseries Land, Vicarage Road, Douglas, Isle Of Man, IM2 2np
The proposal sought full planning permission for a substantial 5/6 bedroom detached house with traditional materials (white render, Manx stone, natural slate) on a 0.66 ha triangular site north of Vicarage Road adjacent to a roundabout, formerly used as Hilltop Nursery until 2005 when structures were removed for road i…
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The site is designated partly open space (agriculture) and partly wood under the extant 1991 Braddan Parish District Local Plan (Plan No.
Policy 5.4 A policy of refurbishment and amalgamation of existing properties in the Conservation Area will apply
Restricts further residential areas except south of Cronkbourne Village to avoid rural encroachment. Site not designated residential; proposal fails test.
Policy 5.8 of Planning Circular 6/91
Defers to circulars restricting countryside houses; must be respected. Proposal new dwelling in countryside, no exception applies.
Castletown Local Plan Policy 13.4
No further development except strategic/agricultural needs; open space must be respected. Site open space; residential not permitted.
General Policy 3
Prohibits development outside zoned areas except specific list (e.g. ag housing, redundant conversions); single dwelling does not qualify.
Environment Policy 1
Countryside (unzoned land outside settlements) protected unless overriding national need; proposal adversely affects without alternative.
Environment Policy 3
No unacceptable loss/damage to woodland; site partly wood designation, development would intrude.
Housing Policy 4
New housing in towns/villages or exceptions (ag, conversions, replacements); site countryside, no exception met.
no objection
Do not oppose; has no adverse traffic management, parking or road safety implications
The original application for erection of a detached dwelling at Hilltop Nursery, Vicarage Road, was refused by the Department of Infrastructure for being unwarranted development in countryside contrary to 1991 Braddan Local Plan and 2007 Strategic Plan policies. The appellant argued the site is brownfield on Douglas outskirts, suitable for infill, with housing shortage and road improvements implying development potential. The inspector found the site north of Vicarage Road remains countryside despite changes, rejecting infill status and exceptions for high-value houses, concluding harm to rural character. Precedents of refused appeals nearby were noted. The Minister concurred with the inspector's recommendation to dismiss the appeal on 24 August 2011.
Precedent Value
Reinforces strict countryside protection north of urban edges like Vicarage Road; approvals risk setting harmful precedent for ribbon development. Applicants must demonstrate policy exceptions or special circumstances beyond ownership/compensation issues.
Inspector: Alarilagaton
