25 November 2005 · Planning Committee on review
Ballavilley, Dhoor, Ramsey, Isle Of Man, IM7 4ed
The proposal involved converting and extending an unfinished two-storey garage (approved under PA 03/00298/B) adjacent to the applicants' dwelling at Ballavilley in the rural area of The Dhoor, Lezayre, to create a self-catering tourist unit for up to 4 people aiming for 5-star quality.
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The Planning Committee determined that the proposal to convert and extend the unfinished garage/hobbies room into self-catering tourist accommodation was 'tantamount to the creation of a new residenti…
General Policy 3
Restricts development outside zoned areas to specific exceptions (e.g. agricultural housing, conversions of buildings of architectural/historic interest, tourism compliant with plan policies). Officer assessed proposal fails as it creates new dwelling-like unit in countryside without qualifying exception; tourism (Business Policy 9) must comply equally with countryside protections.
Planning Circular 1/88 Residential Housing in the Country
Discourages new residential development in countryside to protect fragile rural areas; sympathetic extensions to existing dwellings acceptable but significant increases or new dwellings refused. Proposal seen as tantamount to new dwelling, not mere extension to existing home.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Tourism must comply with sustainable objectives and countryside protections as strictly as other development. Supported for quality rural self-catering but failed due to GP3 non-compliance; no special leniency for tourism.
fully supports the application; compatible with adjoining uses and woodland zoning; low impact self-catering in rural setting near coast/Ramsey; aligns with policy for high-quality rural tourist accommodation; aims for 5-star rating
no adverse traffic impacts
no objection subject to applicant contacting for water connection
Mixed responses to PA 05/01721/B: Lezayre Parish Commissioners objected due to countryside location and traffic concerns, SPMC&E had mixed views with one objection on new holiday structures, while DOT Highways offered conditional no objection, IoMWA requested water connection con…
Key concern: proposed development is tantamount to the creation of a new residential dwelling in the countryside and therefore contrary to the zoning for this area
SPMC&E Society
ObjectionWe have always resisted NEW holiday structures in the countryside as opposed to conversions. At the very least this is 50/50 new/conversion and the Society wishes to OBJECT.
SPMC&E
No ObjectionClearly within the village nucleus. The only worry is loss of trees but if the plans are followed as submitted, actual tree loss will be minimal in an area where tree cover is abundant. No objections.
IoMWA
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: a 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
Lezayre Parish Commissioners
ObjectionHave refused the application on the following grounds; The Commissioners support the Planning Committee's initial decision to refuse this application
Registration and Grading Commission
SupportThe proposal is in sympathy with Registration & Grading Commission policy to encourage the development of high quality self catering tourist accommodation in the Manx countryside.; In conclusion the Registration & Grading Commission fully supports the above planning application.
DOT Highways
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s)
Conditions requested: Visibility splays of 20 metres by 36 metres are required to serve the needs of the development.; Four off street parking spaces are required to serve the needs of the existing dwelling and the development.
Isle Of Man Fire And Rescue Service
No CommentI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration
Registration and Grading Commission
SupportIn conclusion the Registration and Grading Commission fully supports the above planning application at Review.; The proposal is in sympathy with Registration and Grading Commission policy to encourage the development of high quality self catering tourist accommodation in the Manx countryside.
The original application (05/01721/B) for conversion and extensions to an existing garage to create self-catering tourist accommodation was refused by the Planning Committee on 25 November 2005 and confirmed on review on 20 February 2006, primarily because it was tantamount to creating a new residential dwelling in unzoned countryside contrary to the 1982 Development Plan and Planning Circular 1/88. Appellants argued it was an ancillary addition to their existing dwelling, supported tourism needs, had no neighbour objections, and cited precedents and Department of Tourism support. The Council defended the refusal citing countryside protection policies and visual impact. The inspector acknowledged tourism benefits and appellants' intentions but found existing policy strongly against development in the countryside, with nothing outweighing the objection from Circular 1/88. The appeal was dismissed on 13 June 2006.
Precedent Value
Demonstrates strict application of Circular 1/88 even for tourist conversions of domestic garages in countryside; tourism support insufficient without policy compliance. Future applicants should prioritise proposals fitting policy exceptions like agricultural needs or redundant rural buildings.
Inspector: Terrence Kemmann-Lane
