19 January 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Thie-Ny-Garee, Ballaragh, Laxey, Isle Of Man, IM4 7pl
The proposal involved erecting a timber summerhouse with a dark pitched roof in the rear garden of an isolated dwelling in open countryside, sited about 45m from the house on land rising to the rear where trees had recently been removed.
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The officer report states that the proposed summerhouse is sited too far from the dwelling (approximately 45m), appearing as a detached structure encroaching into the countryside to the detriment of v…
Policy L/OSNC/PR/1
The policy establishes a clear presumption against development in designated open space (private woodland, parkland, glens and plantations) within an area of high landscape value and scenic significance. The officer assessed the summerhouse site as falling outside the natural curtilage in this designated land, making it appear detached and harmful to visual amenity. The appeal inspector confirmed no overriding circumstances justified departure.
Lonan Parish Commissioners recommend refusal of the planning application for a summerhouse due to concerns over its use, size, location, and adverse visual impact.
Key concern: adverse visual aspect due to location too far from main residential unit
Lonan Parish Commissioners
Objectionrecommend Refusal of the above Planning Application; The Board question the use and size of the summer house requested and believe that it’s location is too far from the main residential unit, such that it will cause adverse visual aspect
Planning application 06/01823/B for a 6.1m x 5.5m timber summerhouse 45m behind the house was refused on 19 January 2007. The appellant argued the site was former hen house location, trees would be replanted for screening including a shelter belt, enhancing scenic beauty and wildlife, and it was the best non-crowded position. The Council defended refusal citing the site outside natural curtilage in designated open space (private woodland) of high landscape value under Policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005, causing visual intrusion. The inspector upheld the policy presumption against development, finding no public interest override, interim conspicuous impact before screening matures, and tree planting achievable without the building. The appeal was recommended to be dismissed following a public inquiry.
Precedent Value
Demonstrates strict application of open space/woodland designations in high landscape areas; appellants must show no interim harm and non-separable public benefits to overcome policy presumptions against development.
Inspector: Michael Hurley
