7 November 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Land Between Baroda House And Clay Head Farm, Clay Head Road, Baldrine, Isle Of Man, IM4 6dp
The proposal sought approval in principle for two detached dwellings on a parcel of unbuilt land on the western side of the narrow, winding Clay Head Road in rural Lonan. The site lies beyond the ribbon of existing development, adjacent to an approved single dwelling and near Clay Head Farm, within areas designated as …
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The officer concluded the principle of residential development was 'relatively straightforward' and unacceptable as the site is not zoned for housing but lies in wider areas of open space/agricultural…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Limits residential development to designated proposed/existing residential areas; site unzoned and outside allocations, with plan confident allocated sites meet housing needs so no justification for extras. Officer applied strictly as site in open countryside.
Policy L/OSNC/PR/1
General presumption against development on designated open space; site in wider open space/agricultural area to prevent unwarranted encroachment. Directly failed as no zoning or exceptional justification.
Ecological interest policy
Presumption against development adversely impacting ecological interest areas; site in designated wider area, confirmed by DAFF consultee. Failed protection test despite conditional mitigation suggestion.
Laxey and Lonan Area Plan Policy L/RES/PR/9
Specific to adjacent land (Area 12): suitable for one dwelling only (now approved); proposal for two on/near this exceeds limit per para 4.49, over-intensive.
Request informative note on any approval for water connection
Request informative note on any approval; cables/overhead lines nearby, contact for safety/supply
Interest expressed (adjoins site)
The original application 06/01515/A for approval in principle for two detached single-storey dwellings on unused land in open countryside was refused by the Department of Local Government and the Environment. The appellant argued for small-scale development consistent with Area Plan paragraph 4.49, precedent from an adjacent approved dwelling, housing need due to delivery shortfalls, no ecological interest, and no highways objection. The Council defended refusal citing conflict with Laxey and Lonan Area Plan policies on open space, residential land, and ecological interest, no precedent from the adjacent site, and policy consistency with Planning Circular 1/88. The inspector found the proposal contrary to policies L/RES/PR/1, L/OSNC/PR/1, and L/OSNC/PR/3, rejected precedent and housing need arguments, noted harm to rural character, landscape, ecology, and access, and recommended dismissal. The Minister accepted the recommendation and confirmed the refusal on 17 July 2007.
Precedent Value
This appeal demonstrates that Area Plan designations for open space, landscape, and ecology will be strictly upheld, even with housing shortfalls or adjacent approvals on allocated land. Applicants cannot rely on general plan text or single precedents to justify further countryside ribbon development.
Inspector: Michael Hurley
