3 February 2004 · Minister for Local Government and the Environment (appeal decision confirming Planning Committee refusal)
Fields 534485 & 534486, (County Series 905), Adjacent Abbey Court, Abbeylands Douglas
The proposal sought approval in principle for a new dwelling and garage on two sloping fields (534485 and 534486) designated as Open Space/Agricultural land and High Landscape Value on the Onchan Local Plan, located adjacent to Abbey Court in the rural Abbeylands area near Onchan.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The Planning Committee refused the application because the site is designated Open Space/Agricultural land and High Landscape Value/Scenic Significance on the Onchan Local Plan adopted by Tynwald in 2…
Onchan Local Plan (adopted by Tynwald March 2000)
Designates site as Open Space/Agricultural land and part of wider High Landscape Value and Scenic Significance area, prohibiting development in countryside except where justified e.g. by agricultural need. Officer assessed proposal fails as no agricultural justification, not infill, and breaches general countryside protection; Local Plan provisions strictly applied with no exceptions for personal/family connections.
Residential Development - Houses in the Countryside
Zoned areas for new housing mainly as extensions to towns/villages to use infrastructure; remaining countryside to stay substantially free from new housing. Inspector applied strictly on appeal, rejecting infill claim and noting fragile Manx countryside harmed by unjustified development, with precedent risk.
No adverse traffic impacts, subject to conditions on parking, turning, gradient, and sight lines
No objection subject to septic tank not connecting to watercourse and 8m riparian habitat from watercourse
Highways Division offered conditional no objection subject to specific access and parking conditions; DAFF raised septic tank and soakaway requirements; Onchan District Commissioners and Manx Countryside strongly objected due to countryside zoning and lack of agricultural need.
Key concern: land designated as Open Space/Agricultural by the Onchan Local Plan 2000 with no proven agricultural need
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: Parking arrangements on site shall comply with the provisions of Manx Roads 1.; The access drive arrangements shall comprise a turning feature to permit a motor car to turn round within the site, so that the vehicle can emerge from the site in forward gear.; The gradient of any vehicles access drive shall not exceed 1 in 10.; Sight splays/sight lines shall be provided in compliance with Manx Roads 1.
Society for the Preservation of the Manx Countryside and Environment
ObjectionWe object.
Department of Agriculture, Fisheries And Forestry Wildlife and Conservation Office
Conditional No Objectionseptic tank must not be connected to any watercourse or land drainage system; proposed soakaway system must not be situated within ten metres of any ditch or watercourse; construction must be a minimum of eight metres from the watercourse
Conditions requested: The septic tank must not be connected to any watercourse or land drainage system and the proposed soakaway system must not be situated within ten metres of any ditch or watercourse. The construction must be a minimum of eight metres from the watercourse to ensure some riparian habitat is retained to minimise disturbance to the watercourse and reduce the potential for riverbank erosion.
Onchan District Commissioners
ObjectionThe Commissioners would support the initial decision and respectfully request that the decision be upheld and the application be REFUSED.
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED
The original application for approval in principle for a dwelling and garage on fields 534485 and 534486 adjacent to Abbey Court, Abbeylands, Onchan was refused by the Planning Committee on 29 January 2004 due to the site's non-designation for development and detrimental impact of the access on the area's appearance. The appellant argued the site was within an existing hamlet suitable for infilling, unsuitable for agriculture, and needed for family support of a local farm, with personal ties to the community. The Planning Committee, Onchan District Commissioners, and third parties defended the refusal citing countryside protection policies in the Onchan Local Plan, lack of agricultural justification, and precedent risks. The inspector rejected infilling claims due to spacing of dwellings, found no agricultural need, and emphasized Circular 1/88 protecting countryside from non-agricultural housing, recommending dismissal. The appeal was dismissed, upholding the refusal.
Precedent Value
Reinforces strict protection of countryside/High Landscape Value areas; infilling requires close proximity to existing groups; personal ties or casual farm help do not justify exceptions without agricultural worker need.
Inspector: David G Hollis
