19 June 2007 · Planning Committee
Field 524262, South Of Mount Rule Junction, Mount Rule, Douglas, Isle Of Man, IM4 4ht
The proposal sought approval in principle for residential development on an unzoned agricultural field in the rural hamlet of Mount Rule, with a diagrammatic layout showing capacity for around 6 houses and a new access from the A23 road.
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The officer assessed the site against the adopted Braddan Parish Plan (Planning Circular 6/91), where Policy 5.6 identifies Mount Rule as warranting further study for limited infill but states 'No dev…
Braddan Parish Plan Policy 5.6
Policy identifies Mount Rule as a hamlet for further study to assess scope for limited infill; states no development permitted until studies completed, and interim approvals only if not prejudicing studies. Officer found no studies undertaken, so proposal conflicts as it would prejudice process.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in existing towns/villages or sustainable extensions; countryside only in exceptional cases. Site in countryside hamlet not identified for growth, so non-compliant.
Spatial Policy 5
New development within defined settlements; countryside per GP3 exceptions. Site outside zoned settlement.
General Policy 3
Development not permitted outside zoned areas except specific exceptions (e.g. agriculture, conversions); residential infill not qualifying.
Housing Policy 4
New housing primarily in towns/villages or extensions in Area Plans; countryside only exceptional cases like agricultural housing. Infill in unstudied hamlet not exceptional.
No objection in principle, subject to conditions on foul sewer connection, no surface water to foul systems, percolation tests
Do not oppose
Express interest; condition that applicant contact for water supply connection
Express interest; note on underground cables/overhead lines, contact for supply and safety
Braddan Parish Commissioners objected to the application citing over-intensive development and intrusion into high landscape significance area; IoMWA and MEA raised no objections but requested contact for utilities; Transport Drainage Division had no objection subject to drainage…
Key concern: over intensive development and intrusion into area of high landscape significance
Braddan Parish Commissioners
ObjectionThe Commissioners would recommend to the Planning Committee that there are material planning reasons to object to the principle and detail of the application as submitted and in the Commissioners opinion would represent over intensive development of the site and the development would be intrusive in an area of high landscape significance.
Isle of Man Water Authority
No ObjectionDo Not Oppose
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Manx Electricity Authority
No ObjectionConditions requested: condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: The proposed development must be connected to the public foul sewer. Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); The use of any foul pumping station for this development must only be used after consultation with the Department of Transport Drainage Division; necessary percolation tests are carried out and approved, prior to any detailed planning application being submitted in order to support the soakaway proposal
Wildlife and Conservation Division
No CommentThe Planning Committee should give serious consideration to the appropriateness of developing this very wet field, which provides good local wildlife interest
Conditions requested: survey for this protected species and for evidence of breeding is recommended; Information should be sought on the use of the site by birds and bats; Any trees are to be removed then they should be checked for bat roosts; Any bat roosts should be retained; suitable buffer area
Society for the Preservation of the Manx Countryside & Environment
Objectionthe Society will join in the OBJECTIONS to what amounts to a new housing estate in the open countryside.
The original application 07/00510/A for approval in principle for residential development on Field 524262 south of Mount Rule junction was refused by the Planning Committee primarily because the site was not zoned and development was premature pending Local Plan studies. The appellant argued compliance with Circular 2/92 interim policy criteria, citing infill nature, no prejudice to future studies, and support from a draft Braddan Plan. The Council defended refusal on lack of zoning, conflict with Strategic Plan and Circular 2/92, and harm to rural character. The inspector prioritised the recent Strategic Plan over older policies, found the proposal extended the settlement boundary harming character and appearance, rejected Circular 2/92 compliance, and recommended dismissal. The appeal was dismissed.
Precedent Value
This appeal demonstrates that recent strategic plans take precedence over interim circulars and old local plans; proposals must strictly avoid extending settlement boundaries in unallocated rural hamlets, even if framed as infill. Future applicants should prioritise alignment with current statutory plans over historical studies or drafts.
Inspector: Andrew D Kirby RD* MA MSc FRTPI
