23 March 2021 · Head of Development Management (Stephen Butler)
Field 210313, Postal Locality, Jurby West, Isle Of Man, IM7 3au
The proposal was for approval in principle to establish the siting and access for a new detached two-storey dwelling on Field 210313 (approx. 0.41 acres or 1644 m²), an unzoned agricultural parcel between existing houses 'Cornerways' and 'Ballakeenan Beg' at Jurby West crossroads.
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The officer determined the site is unzoned agricultural land in open countryside, outside Jurby service village (1km away), failing Strategic Policy 2, Spatial Policies 3 & 5, and Strategic Policy 10 …
Strategic Policy 3 - To respect the character of our towns and villages
Identifies service villages including Jurby for development priority. Site at Jurby West crossroads is outside Jurby village (1km away), in open countryside, failing settlement hierarchy test.
Spatial Policy 5
Requires new development in defined settlements; countryside only per GP3. Site unzoned, so tested against exceptions - failed as no qualifying circumstance.
Strategic Policy 10
Promotes integrated transport; site's remoteness fails sustainable access aims.
General Policy 3
Prohibits development outside zoned areas except listed exceptions (e.g. ag worker housing, conversions, replacements). Proposal new open market dwelling, no exception met despite prior ag dwelling nearby.
Housing Policy 4
New housing in settlements; countryside only for ag housing, conversions, replacements. Not ag worker need (applicants run local business).
Environment Policy 1
Protects countryside/ecology unless overriding national need with no alternatives. No such need; alternatives in Jurby.
Environment Policy 2
Protects AHLV character unless no harm or essential location. New dwelling harms unzoned landscape.
Environment Policy 10 - Development and flood risk
Requires flood risk assessment where risk potential. Site high/medium surface water risk; hard surfaces would exacerbate, no mitigation submitted.
Transport Policy 4
Highways must accommodate traffic safely. Existing access acceptable per Highways Services.
Transport Policy 7
Parking per standards. Provision for 3 cars + turning met standards.
no objection, visibility splay acceptable, five conditions if approved
no objection
Multiple neighbouring residents and Jurby Parish Commissioners object to the application citing flooding risks, lack of zoning, highway safety concerns, overdevelopment, and landscape impacts, while statutory consultees Highways and Flood Risk Management raise no opposition (with Flood Risk later deferring for further information).
Key concern: history of flooding and poor drainage on site
Jurby Parish Commissioners
ObjectionWe are opposed to the proposed plans within this area.; Any further vehicular usage will increase restriction in view and danger in access and exit onto a very fast and at times busy A10 road.
Department of Infrastructure Highways
Conditional No ObjectionThe proposal raises no significant roads safety or highway network efficiency issues. Accordingly, Highway Services raise no opposition to the proposal subject to standard condition(s)
Conditions requested: Highway access dimensions; Pedestrian and vehicle internal movement arrangements; Bicycle and vehicle parking provisions in accordance with the adopted standards; Waste bin storage and collection; Section 109(A) Highway Agreement post planning consent
Department of Infrastructure Flood Risk Management Division
No ObjectionDNO
Department of Infrastructure Flood Risk Management Division
No CommentDEFER; ask the applicant to provide the finished floor levels for the proposed property and proposed bio disc/septic tank in metres Douglas 02 datum so we can review the risk of surface water flooding further.
Conditions requested: provide the finished floor levels for the proposed property and proposed bio disc/septic tank in metres Douglas 02 datum
West Nappin Smithy resident
ObjectionThe site has a history of flooding.; The area is designated as one of "High Landscape Value".
East Nappin Farm resident
ObjectionObjection on the grounds that the application site is not zoned for residential development and contrary to the IOM Planning Scheme (Development Plan) Order 1982.
Olrig building contractor
Objectionthe land currently has extremely poor drainage during inclement weather which results in the garden of the existing dwelling flooding over an extensive area.
Church View Cottage resident
ObjectionThe application site is within an area of High Landscape or Coastal Value and Scenic Significance, is not zoned for residential development and is therefore contrary to the Isle of Man Planning Scheme (Development Plan) order 1982
The original application 21/00078/A for approval in principle for a dwelling to determine siting and access on agricultural land in the countryside/Area of High Landscape Value was refused by DEFA on policy grounds including non-compliance with Strategic Policy 2, Spatial Policy 5, General Policy 3, Housing Policy 4, and Environment Policies 1 and 2. Appellants argued the site is infill in Jurby service village, has prior residential potential from severed curtilage of adjacent Ballakeenan Beg (06/01565/A), meets local needs for disabled appellant, low flood risk, and cited precedents. The inspector analysed it as countryside, rejected infill/settlement status, found no General Policy 3 exception despite personal circumstances, noted visual harm in AHLV, equivocal flood risk, and recommended dismissal. Outcome: appeal recommended dismissed.
Precedent Value
Reinforces strict countryside presumption; personal/disability needs rarely justify new dwellings outside settlements even with local ties; requires clear GP3 exception or Area Plan; severed curtilage does not inherit residential rights.
Inspector: Michael Hurley BA DipTP
