6 May 2005 · Minister for Local Government and the Environment (on appeal, accepting Inspector's recommendation)
The Gate, Bayrauyr Road, St. Marks, Ballasalla, Isle Of Man, IM9 3at
The proposal involved erecting a new detached dwelling and garage within the garden curtilage of The Gate Lodge, using an existing shared vehicular access off a minor rural road east of the B30/B29 crossroads.
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The site is designated as Open Space on the 1982 Development Plan Order, not zoned for development, and falls under the restrictive policies of Circular 1/88 for residential development in the country…
Isle of Man Planning Scheme (Development Plan) Order 1982
Designates site as Open Space ('white land'), not for development. Officer assessed proposal as departure from Tynwald-approved plan, especially given prior refusals nearby; infill between two dwellings does not override designation.
Planning Circular 1/88 Residential Housing in the Country
Presumption against new dwellings in countryside except special circumstances (e.g. agricultural need, not present here). Inspector confirmed policy remains current, reinforced by emerging Strategic Plan; personal/garden curtilage arguments insufficient to depart.
Strategic Plan
Policies protect countryside for its own sake; infill in small rural groups now deferred to Area Plans, not ad hoc appeals. First draft allowed groups of 6+ dwellings but replaced to avoid piecemeal decisions; site lacks compact group/identifiable place.
Do not object but raised serious concerns regarding visibility
No objection; visibility not problematical given existing access and traffic speeds
No objection; recommend note for applicant to contact for water connection
Malew Parish Commissioners raised no objection but noted visibility concerns; IoM Water Authority requested a standard connection condition; Department of Transport acknowledged receipt without decision; Manx Countryside Society strongly objected on precedent and rural policy grounds.
Key concern: precedent for additional dwellings in rural area
Malew Parish Commissioners
Conditional No ObjectionThe Commissioners wish to notify you that they do not object to this planning application, but raised serious concerns regarding visibility.
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Department of Transport Highways
No CommentDoT Highways acknowledges receipt of the above application and will respond to the Secretary to the Planning Committee as soon as possible.
Society for the Preservation of the Manx Countryside and Environment
ObjectionThe Society will STRONGLY OBJECT.; Having succeeded with one new house, they now want another (which, of course, is just what we dread about precedent!)
The original application (04/2520/A) for approval in principle for a detached dwelling with garage and shared access on garden land next to The Gate Lodge was refused by the Planning Committee due to the site's 'white land' designation under the 1982 Development Plan Order, countryside protection policies in Circular 1/88, and unsustainability. Appellants argued the site was residential curtilage, well-screened garden land, not open countryside, with precedent approvals nearby and no highway or amenity issues. The council defended refusal citing policy against new countryside dwellings, precedent risks, prior refusals, and distance from services. Inspector acknowledged low visual and highway impacts but upheld policies as current, dismissed precedents as distant and irrelevant, and recommended dismissal to protect countryside.
Precedent Value
Reinforces strict policy against new dwellings on white land in countryside even in curtilages or small clusters; personal merits or low impacts insufficient without policy compliance; distant precedents carry no weight.
Inspector: Terrence Kemmann-Lane
