15 December 2006 · Director of Planning and Building Control (M. I. McCauley) under delegated authority per Article 3(13) of Town and Country (Development Procedure) Order 2005
Field 534135, Little Mill Road, Onchan, Isle Of Man, IM4 5bf
The proposal involved approval in principle for erecting a dwelling with two garages on an open field on the western side of Little Mill Road in Onchan, intended as accommodation for the applicant and her elderly parents to allow family care.
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The officer assessed the site against Onchan Local Plan designations, finding it mostly open space (not zoned for residential use), with parts ecological interest/semi-natural vegetation and within wa…
Policy O/RES/P/22 (Onchan Local Plan)
Requires presumption against new dwellings outside designated residential areas, especially in rural countryside protected by Planning Circular 1/88. Officer found site as open space (not residentially zoned), making proposal contrary as it represented unwarranted countryside encroachment.
Policy O/NC/P/2
Presumption against development adversely impacting ecological interest areas. Site includes such land along western boundary; even if dwelling could avoid direct impact, inclusion in red-line site triggered policy breach.
Planning Circular 1/88 Residential Housing in the Country
General presumption against countryside housing except for agricultural needs (paras 3,5,6 emphasise protecting fragile landscapes from encroachment). Officer applied as backing to local policy, noting no agricultural justification and personal needs insufficient.
General comment; highlighted two raw water mains on site requiring protection if approved
Supporting the proposal in principle
No objection; supports the application
Multiple responses including objections from Society for the Preservation of the Manx Countryside & Environment (SPMCE) and Onchan District Commissioners citing zoning, countryside policy, and access issues; conditional no objection from Water Authority; mixed public representations.
Key concern: Zoned ‘Woodland’ on the Onchan Local Plan and within an Area of Ecological Interest/Semi-Natural Vegetation
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society STRONGLY OBJECTS to new development in what amounts to open countryside despite being on the edge of the town.; The Society supports the Refusal of the Application for Approval In Principle
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons; The Commissioners continue to support the decision of the Planning Committee to REFUSE the application
Water Authority
Conditional No ObjectionWe are not writing to object to the application at this point
Conditions requested: should the application be approved, we would like a condition be applied to the Notice that the Applicants should discuss with the Water Authority locating and protecting the water main before construction work commences
Onchan District Commissioners
ObjectionThe Commissioners continue to support the decision of the Planning Committee to REFUSE the application
The original application 06/01824/A for approval in principle for a dwelling and two garages on Field 534135, Little Mill Road, Onchan was refused by the Director of Planning and Building Control for reasons including presumption against residential development under Onchan Local Plan, adverse impact on ecological interest, and proximity to reservoirs. The appellant argued medical needs of her parents justified rebutting the presumption, cited a misplaced support letter, precedents of nearby approvals, and no objections from key authorities. The Inspector found the medical circumstances insufficient to overcome strong countryside protection policies, noted adverse visual and ecological impacts from any siting, and recommended dismissal. The Minister concurred and confirmed the refusal on 21 March 2007.
Precedent Value
This appeal demonstrates that even compelling personal medical needs will not override strict countryside protections under Onchan Local Plan and Circular 1/88 unless 'overwhelming'; future applicants must provide exceptional material planning justifications beyond welfare, and expect site-specific impacts to dominate assessments.
Inspector: John S Turner
