30 October 2006 · Minister for Local Government and the Environment (following appeal inspector recommendation)
Goldies Loughan, Jurby East, Isle Of Man, IM7 3ez
The proposal sought permission to retain and complete works on a single-storey holiday cottage (14.7m x 4.4m, 4.2m ridge height, plus small outrigger) built on the footprint of a former byre east of the main farmhouse, using one retained gable end, traditional materials to match surroundings, and a new 3.6m wide access…
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The Planning Committee refused as the works constituted a new building/replacement in countryside, retaining only one gable after collapses, contrary to policies requiring buildings to be 'substantial…
Planning Circular 3/89 Renovation of Buildings in the Countryside
Requires redundant countryside buildings to be substantially intact and structurally capable of renovation for alternative use; renovation must re-establish original appearance using same materials. Officer assessed prior approval assumed this but collapses left only one gable, making it replacement (para 7 prohibits even identical form). Inspector found partial compliance via prior approval intent and unique circumstances.
Planning Circular 1/88 Residential Housing in the Country
Resists new residential development in countryside unless exceptional circumstances. Officer viewed holiday cottage as tantamount to new dwelling; inspector distinguished as tied to approved tourist conversion augmenting existing B&B, no undermining of policy.
Approved plans
Subject to condition 2, this permission relates to the retention and completion of works to a holiday cottage originally approved as a conversion from a Manx byre as shown in drawing number P.L.11/001 and photographs stamped 29 August 2006 and a letter from Yvonne Marshall dated the 28th of August 2006.
Revised rear elevation
Prior to the recommencement of works, a revised rear elevation incorporating the door indicated on the submitted floor plan shall be submitted to and approved in writing by the Planning Authority.
Tourist letting restriction
Between 1st March and 1st October in any one year the holiday accommodation hereby permitted must only be used for individual lets, not exceeding four weeks in duration, to bona fide tourists. Outside of this period longer lets to bona fide tourists are permissible.
Roof materials
The roofs of the building and bathroom extension must be finished in dark natural slate.
Windows
All windows must be timber framed and must be retained as such in perpetuity.
Doors
The doors must be timber and must be retained as such in perpetuity.
Gates and gateposts approval
Prior to the recommencement of works, details of the gates and gateposts shall be submitted to and approved in writing by the Planning Authority and thereafter the gate shall be erected in accordance with those details.
Stonework sample
Prior to the recommencement of works, a sample panel of the facing stonework shall be submitted to and approved in writing by the Planning Authority and thereafter the building shall be completed in accordance with those details.
Hardstanding details
Prior to the recommencement of works, details of the hardstanding (including samples of the materials to be used) shall be submitted to and approved in writing by the Planning Authority and thereafter the hardstanding shall be constructed in accordance with those details.
No objection
Fully support; in sympathy with policy for high quality self-catering tourist accommodation
Recommend mains wired smoke detectors (Building Regulations matter)
Multiple consultees responded to application 06/01482/R for retention and completion of a new holiday cottage at Goldies Loughan, Jurby East, with Jurby Parish Commissioners and Registration and Grading Commission offering no objection or support, SPMC&E noting no objection to am…
Society for the Preservation of the Manx Countryside and Environment
No ObjectionA lot better than the original proposal but still not sliding sashes.; No objection.
Registration and Grading Commission
SupportThe Registration and Grading Commission fully support the above planning application.; The application is in sympathy with Registration and Grading policy to encourage the development of high quality self catering tourist accommodation in the Island to meet the visitor demands and expectations.
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 put forward any further comments or views at this stage, but request that their previously submitted views and comments are taken into consideration at the Appeal.
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
The original application PA 04/01517/B approved conversion of an old Manx byre to holiday accommodation, but after storm damage and wall collapse during works, a retrospective application PA 06/01482/R for retention and completion of a new holiday cottage was refused by the Planning Committee as new build in the countryside. Appellants argued it was essentially the same scheme as approved, with collapses unintentional, supported by prior officer advice and no third-party objections. The Council defended refusal citing policies against new dwellings or replacement buildings (Planning Circulars 1/88, 3/89; Strategic Plan Housing Policies 11,13). Inspector G Farrington found the case distinguished by prior approval, unintentional collapses, and evidential context augmenting existing tourist business, allowing the appeal without setting precedent. Permission granted subject to conditions including holiday let restrictions, materials, and revised drawings.
Precedent Value
Appeal sets precedent that post-approval structural collapses outside applicant control, combined with prior permission and evidential context like existing tourism, can justify retrospective new build where policy normally resists replacements. Future applicants should secure structural surveys upfront and document officer advice meticulously.
Inspector: G Farrington
