7 December 2007 · Planning Committee
The Creggan And 54 Acres Of Land At Tholt Y Will, Tholt Y Will Road, Tholt Y Will, Sulby, Isle Of Man, IM7 2bf
The proposal was for approval in principle to re-establish habitable status of a derelict two-storey Victorian farmhouse abandoned since the 1960s and an adjacent fire-damaged stone barn (now single-storey appearance) on a site in open countryside zoned as 'white land' under the 1982 Development Plan, within High Lands…
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The officer assessed two options: demolition/replacement under Housing Policy 12, and renovation under Housing Policy 13. Replacement failed Policy 12 as the building had lost residential use by aband…
General Policy 3
Restricts development outside zoned areas except specific countryside exceptions (e.g. ag housing, redundant building conversion, rural dwelling replacement). Officer found proposal lacked exception as failed housing policies and represented unwarranted countryside development.
Environment Policy 2
Protects High Landscape/Coastal Value areas unless development harms no character or location essential. Access reinstatement/engineering works would detrimentally impact landscape character in HLVCSS.
Housing Policy 12
Permits rural dwelling replacement unless abandoned or renovatable historic. Building abandoned >40yrs, derelict, met abandonment criteria (structure, >10yrs non-use, intervening use evidence, abandonment intention); capable of renovation so replacement failed.
Housing Policy 13
Permits renovation of abandoned rural dwellings if substantially intact (3+ walls to eaves), existing usable highway track, services from highway (not in NHA). Met (a) structural; partial (c) servicing; failed (b) no usable track (overgrown, no highway link).
Environmental Policy 6
Seeks National Heritage Area designation for protection. Site in proposed NHA (early discussion stage); limited weight attached as not formal; Policy 13 explicitly excludes NHAs but archaeology not harmed (monuments 36m from track).
Strategic Policy 1
Encourages reuse of redundant buildings utilising infrastructure. Considered but specific housing/landscape policies overrode.
Strategic Policy 4
Protects heritage/landscape/archaeology. Archaeology (Bronze Age burial, keeill, well) unaffected per consultees; limited NHA weight.
Do not oppose subject to condition for parking and turning facilities
Multiple consultees including Society for the Preservation of the Manx Countryside & Environment, Lezayre Parish Commissioners, and Sulby and Lezayre Heritage Trust objected to application 07/01452/A due to concerns over rural building policy, ruins, heritage, and landscape impact, while Highways Division and Andrew Jessopp raised no objection.
Key concern: building is a ruin abandoned over 30 years ago, contrary to Strategic Plan policies on rural building conversions and replacement dwellings
Society for the Preservation of the Manx Countryside & Environment
Objectionbecause of the 'demolition' element, the Society STRONGLY OBJECTS.; There is no justification whatsoever for this blatant proposal to erect an entirely NEW DWELLING IN THE COUNTRYSIDE.
Andrew Jessopp
No CommentI can see why the applicant may wish to re-establish habitable status as it is a pleasant rural setting for a house. However, the proposal would appear to be in conflict with several policies including housing policy 11, 12 & 13 and no agricultural need has been propounded.
Lezayre Parish Commissioners
ObjectionREFUSED – MAJORITY 4-1; The Commissioners wish to have their previous submission dated 7 September 2007 taken into consideration and reiterated their decision to Refuse this Planning Application.
Sulby And Lezayre Heritage Trust
ObjectionThis property is within the proposed (soon to be effective) National Heritage Area and as such should be refused.; The property is effectively on the skyline and will have considerable impact on the scenic beauty of the area.
Conditions requested: it should not create a bigger footprint either in area or height; condition preventing development by “stealth” over future years which could eventually result in a complex of buildings; re establishment of habitable status should be on condition that a farm is re-established and the farmer lives in the premises
Department of Transport, Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions:
Conditions requested: Access, Parking, and Turning facilities shall be provided in accordance with the DOT Highways Division recommendations.
The original application for approval in principle to re-establish habitable status of former stone-built dwelling and bank barn at Creggan was refused by the planning authority for being an unwarranted countryside development contrary to the 1982 Development Plan Order and Strategic Plan policies GP3, EP2, HP12, and HP13. Appellants argued the site's unique historical, architectural, and social value warranted renovation to prevent dereliction, compliance with renovation policies, and minimal landscape impact via an existing ancient track. The inspector found the buildings not substantially intact, no existing usable track from the highway, location unsuitable for sustainable development due to reliance on private vehicles, and proposal conflicting with GP3, EP2, HP11-13. The appeal was dismissed, confirming the refusal.
Precedent Value
This appeal demonstrates strict enforcement of Strategic Plan policies restricting countryside housing to zoned exceptions; renovation requires substantially intact buildings, existing usable track, and zoned compatibility. Future applicants must prioritise policy criteria over heritage arguments and provide robust evidence of track/building condition.
Inspector: Graham F Self MA MSc FRTPI
