10 May 2022 · Planning Committee
The Bungalow, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal involved erecting a new single dwelling (indicative 8m x 12m footprint, 192m² if two-storey) on the rear of the site at The Bungalow, a large single-storey property with extensions, surrounded by agricultural land and mature landscaping north of Ballamanagh Road.
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The officer assessed the proposal against the Strategic Plan's spatial strategy, concluding it conflicts with Strategic Policy 1 (efficient use of resources and infrastructure), Strategic Policy 2 (di…
Strategic Policy 4
Limits development in villages like Sulby to appropriate scale for local need, boundaries via area plans. No need identified, Sulby Local Plan excludes site.
Spatial Policy 5
Permits countryside development only per GP3. No exceptions met for new housing.
General Policy 3
Sets exceptional circumstances for countryside development (e.g. agricultural workers, conversions, replacements). None apply; not a replacement or extension.
Environment Policy 1
Protects countryside for its own sake. Even if screened by landscaping, para 4.3.11 states non-visibility does not justify overriding locational policies; policies inter-related.
support the application (no details or reasons given)
no objection subject to conditions in relation to drainage provision and that access arrangements and visibility splays are built in accordance with Drawing No. 21 1529 01
does not object but requests a landscaping replacement condition before any works on site commence and that the vegetation is only removed outside of the nesting season (March - August); further advise the applicant seek a bat survey prior to any demolition given the proximity to the river and open countryside
No Objection
Highways Development Control, DEFA Biodiversity, DEFA Registered Buildings Officer, DEFA Forestry, and Lezayre Parish Commissioners provided consultation responses, all indicating no objection or support subject to specified conditions related to access, ecology, and trees.
Key concern: removal of mature hedgerow and trees without replanting proposals
Registered Buildings Officer
No ObjectionI do not consider the building to be of sufficient architectural or historic interest that I would object to its loss; I would encourage its retention where possible as it has survived until this time, but I would give it not more weight than any other average dwelling of this period; there is scope to improve on those elements through sympathetic redevelopment of this property
Highways Development Control
Conditional No Objectionvisibility splays of 2.4m x 113m west and 194m east can be achieved; The new access is to be 5m in width; Gates are proposed in the access, and are appropriately setback 6m from the highway. They should also open inwards
Conditions requested: all access arrangements, including visibility splays, to accord to Drawing No. 21 1529 01; Section 109(A) Highway Agreement to be made post planning consent; access to be of consolidated and bond surfacing material for at least 5m from the highway; provide run off / surface water drainage where necessary to prevent water from flowing out onto or damaging the public road; existing road drainage must either be retained or an effective alternative scheme provided
DEFA Biodiversity
Conditional No ObjectionThe bird nesting season is usually between late February and late August or late September in the case of swallows or house martins
Conditions requested: no site clearance, preparatory or development to take place until a tree and hedge planting plan has been submitted to and agreed in writing by the Department; replanting to be undertaken with Manx native or other well established species; vegetation removal to be undertaken outside of bird nesting season where possible
DEFA Forestry
No ObjectionThe tree in question is a poor quality specimen that provides little overall value to the landscape. The Directorate would have no objections to the removal of this tree.
Lezayre Parish Commissioners
SupportCommissioners not quorate, but those present support the application.
The original application for approval in principle for a new dwelling, new access, and partial demolition of The Bungalow was refused by the Planning Committee on 09.05.22 due to conflict with Strategic Plan policies on new housing in the countryside and Sulby Local Plan designations. Appellant argued the site suited two dwellings historically, would retain and restore the existing bungalow, provide sustainable housing near amenities, and avoid a larger replacement dwelling under Housing Policy 14. Council defended refusal emphasizing policy compliance, lack of housing need, and separation from Sulby settlement. Inspector found no harm to countryside character due to mature landscaping and residential context, benefits from retention of existing dwelling and energy efficiency outweighed policy objections to countryside development. Minister accepted Inspector's recommendation on 14.11.22, allowing the appeal subject to conditions.
Precedent Value
Establishes that no demonstrable countryside harm under EP1 can outweigh spatial policies in exceptional cases with retention benefits and sustainability; future applicants should evidence site-specific history, alternatives' harms, and design controllability via conditions.
Inspector: Richard Perrins
