18 November 2005 · Minister for Local Government and the Environment (via Chief Executive, following Planning Committee refusal upheld on appeal)
Field 214276, Summerhill Road, Jurby, Isle Of Man, IM7 3br
The proposal sought permission to keep a small timber summerhouse (3.2m x 3.2m x 2.5m with a 1.5m wide veranda) already built in the corner of an agricultural field, 120-160m from the applicant's nearby dwelling at West View.
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The Planning Committee and appeal inspector considered the site in open countryside where policies resist new development unless justified by specific agricultural need.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design, not adversely affect landscape character, provide amenity/road safety/access, and align with zoning. Officer assessed the summerhouse as failing due to inappropriate countryside location, domestic design, and lack of zoning, adversely impacting landscape character.
Environment Policy 1
Countryside to be protected for its own sake; development permitted only if maintaining/enhancing or overriding national need. The domestic/recreational structure lacked overriding need, adversely affecting countryside.
Environment Policy 2
Development control based on landscape classification; adverse effects on character/appearance not permitted. Inspector found harm despite partial screening, as countryside protected inherently.
Environment Policy 4
Open countryside landscape/natural ecology protected; development only in exceptional circumstances per Development Plan. No exceptional circumstances justified the recreational/domestic building.
Policy EP18 (Isle of Man Strategic Plan Modified Draft)
Countryside buildings (including agricultural) must site near building groups, be appropriate in scale/design/materials, sympathetic to landscape; exceptional for isolated sites. Structure was isolated, domestic not agricultural in form, failing sympathy test.
no objection
no views / no adverse traffic impacts
Highways Division and Jurby Parish Commissioners both confirmed no objections to the retrospective application for a timber summerhouse. A public representation from the applicant K Quine supported the application and noted no objections from parish and DOT.
Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Jurby Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto.
Jurby Parish Commissioners
No Objectionmy Commissioners do not wish to add to their already submitted views and comments, but wish those views and comments to be taken into consideration at the Appeal.
Retrospective application 05/01411/R for a 3.2m x 3.2m timber summerhouse with veranda in Field 214276, Jurby, open countryside, was refused by Planning Committee initially on 16 September 2005, confirmed on review 10 February 2006. Appellant argued need for personal recreation due to lack of outlook at home and agricultural use for lambing 60 sheep. Council defended refusal citing inappropriate domestic structure in countryside, no genuine agricultural need as lambing is seasonal and home is 120m away, contrary to countryside protection policies. Inspector found the summerhouse visible despite some screening, incongruous domestic design harmful to countryside character, agricultural justification insufficient for permanent building. Appeal dismissed on 24 May 2006 with enforcement direction to remove structure.
Precedent Value
Demonstrates strict application of countryside protection policies; permanent structures require robust functional need tied to full-year agricultural operations, not seasonal or recreational uses. Applicants must site domestic ancillary structures within curtilage and prove visibility does not reduce harm.
