28 January 2008 · Director of Planning and Building Control (M. I. McCauley)
Cronk Moar House, Dalby, Isle Of Man, IM5 3bw
The proposal was for approval in principle to erect a new dwelling and detached garage on land forming part of the curtilage of Cronk Moar House, a recently extended cottage on the A27 coast road between Glen Maye and Dalby.
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The officer concluded the site is not designated for development, constituting a policy objection as it lies in the countryside within an Area of High Landscape or Coastal Value.
Strategic Aim
Requires directing development to meet community needs sustainably while preserving Manx natural heritage. Officer assessed the new countryside dwelling adversely affects this by introducing urban development into protected rural area without sustainability benefits.
Strategic Policy 1
Directs development to zoned areas. Proposal fails as site is unzoned countryside, not an exceptional case.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages; countryside only in exceptional circumstances (para 6.3). No exceptional need demonstrated, e.g. not agricultural housing.
Strategic Policy 10
Promotes integrated transport minimising car journeys and ensuring highway safety. Site on rural road bend raises safety issues despite DOT non-objection.
General Policy 3
Prohibits development outside zoned areas except listed exceptions (e.g. agricultural housing HP7-10, rural conversions HP11, replacements HP12-14). Proposal fits none; 'would not appear to satisfy any of the above criteria'.
Environment Policy 1
Protects countryside/ecology unless overriding national need with no alternative. New dwelling adversely affects protected Area of High Landscape/Coastal Value without such need.
Housing Policy 4
Presumed to restrict unexceptional new housing; referenced in refusal as failed alongside countryside policies.
Do not oppose subject to visibility splay of 2m x 70m, on-site parking per Strategic Plan, and on-site turning facility
Multiple consultees and public representations object to application 07/02086/A primarily on countryside development policy, ribbon development, access safety on a blind bend, and proximity to neighbouring properties; utilities raise conditional requirements for services.
Key concern: new house in the countryside contrary to strategic plan policies
Patrick Parish Commissioners
ObjectionThe Application, if granted, will result in ribbon development along the coast road between Glen Maye and Dalby.; The proposed development is on a blind bend and the Commissioners have real concern about access arrangements and the likelihood of a serious accident.
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe description of 'existing use' on the Application Form is misleading. This property is not just a dwelling but also operates as an Art Gallery open to the public and, we understand, where Art Tuition also takes place.; We can see no justification for this which is quite definitely a new house in the countryside. The Society STRONGLY OBJECTS.
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
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 single connections to a water main (i.e. a single dwelling) the applicant should contact loMWA Customer Services, tel. 69 59 49
Manx Electricity Authority
Conditional No ObjectionThe MEA may need to object to the above planning application unless the following condition is met: There is an LV cable in the area highlighted for the proposed works in your planning application, this cable may need to be diverted before work can commence.
Conditions requested: contact Andy Cowie, MEA Operations and Maintenance Manager (Tel: 687741) to discuss your application; All work is to be carried out in accordance with Health & Safety Guidance Note HS(G)47
Manx Electricity Authority
Conditional No ObjectionAfter discussions between the Applicant and MEA Operations and Maintenance Department it has been agreed that the LV cable crossing the site will be diverted away from the proposed dwelling. This will be at no cost to the MEA.
Conditions requested: After discussions between the Applicant and MEA Operations and Maintenance Department it has been agreed that the LV cable crossing the site will be diverted away from the proposed dwelling. This will be at no cost to the MEA.
Andrew Jessopp
ObjectionThere appears to be insufficient justification to override the policies of the strategic plan (e.g. STP1 & 2) to warrant approval.
The original application 07/02086/A for approval in principle to erect a dwelling and detached garage on land at Cronk Moar House was refused by the planning authority for being contrary to Strategic Plan policies controlling countryside development. The appellant argued family ties to the land owned for over 180 years, unsuitability for agriculture, traditional design fitting the area, no road safety issues, and personal/community connections. The council defended the refusal on policy grounds restricting new housing outside settlements absent exceptional circumstances like agricultural need. The inspector concluded the proposal conflicted with policies promoting sustainable development and rural character preservation, with supplementary concerns on road safety and neighbour amenity; personal circumstances were not compelling enough to override policy. The appeal was dismissed on 14 May 2008.
Precedent Value
This appeal demonstrates that longstanding family land ownership and personal circumstances do not constitute exceptional reasons to permit new countryside dwellings under Strategic Plan policies. Future applicants must demonstrate policy-compliant exceptional needs, such as agricultural housing, rather than relying on sentiment or design mitigation.
Inspector: Graham F Self MA MSc FRTPI
