21 November 2007 · Planning Committee
Hall, Lanjaghan Road, Abbeylands, Isle Of Man, IM4 5ed
The site is a parcel of woodland, grassland, and riverbank containing a derelict single-storey stone cottage used for storage and a dilapidated timber meeting hall, both considered redundant. The proposal seeks approval in principle to demolish these and erect a replacement dwelling, using the existing access off Abbey…
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The officer's assessment starts with planning policy establishing a presumption against new residential development in rural areas outside designated settlements, per O/RES/P/22, Spatial Policy 5, Gen…
Policy O/RES/P/22 (Onchan Local Plan)
Prohibits new dwellings outside residential areas, especially rural countryside of high landscape value. Officer applied strictly to refuse as site in rural Onchan, no exception applies.
Ecological interest (Onchan)
Presumption against development adversely impacting ecological interest areas. Site designated as such; residential use would harm ecology per site visit.
Onchan Local Plan Policy O/NC/P/5
Presumption against tree removal for development. Tree felling likely for dwelling; conflicts with designation.
Spatial Policy 5
New development in settlements or countryside per GP3 exceptions only. Proposal does not qualify.
General Policy 3
No development outside zoned areas except listed cases (e.g. conversions, replacements). Site/buildings do not fit; not previously developed land.
Environment Policy 1
Protects countryside/ecology unless overriding need. Development adversely affects countryside.
Environment Policy 3
No unacceptable loss/damage to woodland of amenity/conservation value. Site private woodland.
Environment Policy 4
No adverse effect on local ecological interests like Areas of Ecological Interest. Site designated as such.
Environment Policy 7
Protect watercourses; no development within 8m normally. Site adjacent to Sulby River.
Housing Policy 4
New countryside housing only in exceptional cases (agricultural, conversions HP11, replacements HP12-14). Proposal none of these.
Housing Policy 11
Conversions only if redundant, intact, special interest, etc.; no rebuilding ruins. Buildings not qualifying.
Housing Policy 12
Replacements unless abandoned/no historic interest. Cottage abandoned; hall never residential.
Housing Policy 13
Renovation of abandoned dwellings if substantially intact (3 walls to eaves). Cottage not qualifying.
Approve
Do not oppose subject to visibility splays of 2 x 18 metres, on-site car parking and on-site turning facility
acceptable subject to any dwelling being in accordance with Housing Policy 14 of the Isle of Man Strategic Plan 2007
no comment but request informative note
Multiple third-party objections focus on tree loss, highway safety, flooding, and environmental impact, while statutory consultees including DAFF Inland Fisheries, DOT Highways, Manx Electricity Authority, and Onchan Commissioners raise conditional no objections or support the application.
DAFF Inland Fisheries
Conditional No ObjectionDevelopment must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance to the river banks and river bed.; For the protection of spawning and juvenile fish, no in-channel works should be carried out between the months of October to June inclusive.
Conditions requested: Development must be a minimum distance of 8 metres from the watercourse; Measures must be in place during construction works to safeguard the watercourse from run-off and sedimentation; no in-channel works should be carried out between the months of October to June inclusive
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
DOT Highways
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Visibility splay of 2 metres by 18 metres shall be provided for the proposed access on to the public highway; On site parking shall be provided within the curtilage of the dwelling in compliance with Manx Roads 1; An on site turning facility shall be provided in the vicinity of the parking area to enable vehicles to turn on site and re-enter the highway in a forward gear
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
Andrew Jessopp
No ObjectionProvided the reserved matters is in accordance with Housing Policy 14 then I have no objection.; On the basis of the supplied information the existing site would appear to be acceptable for residential use.
Conditions requested: reserved matters is in accordance with Housing Policy 14
The original application 07/01635/A for approval in principle to erect a dwelling replacing a derelict cottage and hall was refused by the planning authority, citing conflict with multiple policies protecting countryside, ecology, woodland, and watercourses. The appellant argued the site was brownfield with redundant buildings unsuitable for conversion, suitable for residential use within a belt of properties, and that impacts could be mitigated by conditions. At the inquiry on 29 April 2008, the appellant failed to attend, so the case proceeded on written representations. The inspector found the site heavily vegetated and designated as open space of ecological interest, not qualifying as brownfield compellingly enough to override policies, with development causing loss of ecological value and urbanising the semi-rural area. The appeal was recommended to be dismissed, upholding the refusal for sound policy-based reasons.
Precedent Value
This appeal shows that previous development alone does not qualify rural sites as brownfield overriding ecological and countryside policies, especially with long-abandoned structures and designations; applicants must demonstrate fit within specific policy exceptions like GP3(c) and attend inquiries.
Inspector: Graham F Self
