9 March 2006 · Minister for Local Government and the Environment (on appeal)
The Garth, Garth Road, Crosby, Isle Of Man, IM4 2hb
The proposal involved converting and extending stone outbuildings within the curtilage of The Garth dwelling to create ancillary living accommodation (with ground floor hall, toilet, kitchen, sitting room and first floor bedroom, gallery, living room, balcony and lift) and attaching a large extension containing a swimm…
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The officer accepted the principle of converting the outbuilding to ancillary living accommodation for live-in care assistance, stating 'I no major concerns about the principle...
Planning Circular 3/89 Renovation of Buildings in the Countryside
Permits renovation of countryside buildings and modest/appropriate scale extensions only for essential facilities impracticable within the existing building and required by Building Byelaws, matching design/materials with no subsequent extensions. Officer found living conversion acceptable as ancillary but sitting room not essential and swimming pool clearly contrary as non-modest/non-essential; inspector agreed living extension modest/replacing existing but pool unacceptably large; Minister split decision accordingly.
Planning Circular 1/88 Residential Housing in the Country
Limits development outside allocated land to keep areas substantially free from development to protect countryside character. Cited by inspector/Minister as reason swimming pool building causes significant harm despite screening.
Time limit
The development hereby permitted shall be commenced not later than four years from the date of this notice.
Scope limitation
This approval relates only to the alterations and eastward extension of the existing outbuilding to provide additional living accommodation; no approval is hereby granted or implied to the proposed swimming pool building.
Ancillary use only
The proposed living accommodation may be used only for purposes ancillary to the use of the main dwelling as such.
Revised plans
Prior to the commencement of any works, there must be submitted to and approved by the Department a revised floor plan and rear elevation omitting the swimming pool building; the works must be undertaken in accordance with the approved revised drawings.
no objection
no adverse traffic impact subject to condition restricting swimming pool to domestic use to prevent visitor traffic
fully support proposal for swimming pool for health reasons given bilateral hip replacements and joint pains; accommodation for live-in help likely essential
DOT Highways has no objection subject to a condition restricting use to domestic purposes; Marown Parish Commissioners have no objection; Fire Service requires consultation under Fire Precautions Regulations; Environmental Protection notes need for discharge licence if draining to watercourses.
Key concern: proposal falls within the scope of the Fire Precautions (Flats) Regulations 1996
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s): The proposed facilities are used for domestic purposes and will not generate visitor traffic.
Conditions requested: The proposed facilities are used for domestic purposes and will not generate visitor traffic
Marown Parish Commissioners
No ObjectionMy Commissioners have no objection to the following applications being approved: 05-92215 Extension & refurbishment of outbuilding – The Garth, Old School Road, Crosby
Isle Of Man Fire And Rescue Service
Applicant to consult with Fire Safety Department proposal falls within the scope of the Fire Precautions (Flats) Regulations 1996
Environmental Protection Officer (Water)
No CommentYour attention is drawn to the requirement for a “licence to discharge” if it is proposed to drain the swimming pool contents or filter backwash to watercourses comprising streams, ditches, ponds etc.
The original application 05/92215/B proposed alterations and extension to an existing outbuilding for additional living accommodation (approved) and a swimming pool building (refused) due to the pool extension not being modest in scale and contrary to policy. Appellant argued the building had longstanding residential use, extensions were modest within existing footprint, and the pool was essential for her medical conditions including arthritis and hip replacements. Inspector agreed the conversion and modest extension for ancillary living accommodation complied with policy and caused no significant harm, but found the large swimming pool extension contrary to Circular 3/89 as not modest in scale and harmful to countryside character despite personal circumstances. The Minister issued a split decision upholding refusal of the swimming pool but approving the living accommodation subject to revised plans.
Precedent Value
This split decision shows inspectors will allow modest ancillary accommodation extensions in countryside even if not strictly essential, but large leisure facilities like swimming pools are firmly refused regardless of medical needs to protect rural character. Future applicants should prioritise proven ancillary use, minimal footprint changes, and strong screening evidence while avoiding non-essential luxury elements.
Inspector: David G Hollis
