19 February 2008 · Planning Committee
Field 434756 (Formally 660), Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3ay
The proposal sought approval in principle for a new dwelling on an undeveloped field (434756, formerly 660) on the eastern side of the A3 Ballamodha Straight, Ballamodha, Ballasalla, in the Parish of Malew.
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The officer assessed the site as lying within 'white land' countryside under the Isle of Man Planning Scheme (Development Plan) Order 1982, where strict rural policies apply, allowing new dwellings on…
General Policy 3
Requires development only in zoned areas except for specific exceptions like essential agricultural housing (Housing Policies 7-10). Officer assessed no evidence of viable agricultural need or compliance with functional/location tests; 4ha insufficient holding.
Strategic Policy 1
Development must optimise previously developed land and utilise infrastructure. Site is greenfield countryside, failing efficient resource use.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages; countryside only in exceptional para 6.3 cases. Proposal lacks exception, being unwarranted rural housing.
Spatial Policy 5
New development in defined settlements; countryside per GP3. Site outside settlements in white land.
Strategic Policy 10
Promote integrated transport minimising car journeys. Site car-dependent on strategic A3 route.
Environment Policy 1
Protect countryside/ecology unless overriding national need with no alternative. No such need demonstrated.
Housing Policy 4
Implied restriction on new countryside housing; failed alongside other housing policies for agricultural need.
Had no objection to previous refused proposal but suggested applicant provide supporting information on agricultural activities for justification
Note that for single dwelling connection, contact Customer Services tel 695949
DAFF Agricultural Advisor found some agricultural merit in the proposal if expansion occurs but questioned the necessity of the location; IoM Water Authority requested standard connection conditions; Malew Parish Commissioners deferred decision pending site visit.
Key concern: necessity of the proposed location does not seem clear
DAFF Agricultural Advisor
Conditional No Objectionthe proposed new agricultural dwelling would have some agricultural merit if the proposed agricultural expansion was to occur, although the necessity of the proposed location does not seem clear; This is of a size that the department would view as an agricultural business
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 IoMWA Customer Services, tel. 69 59 49
Malew Parish Commissioners
No CommentThe Commissioners wish to notify you that they wish to defer their decision, pending a site visit
The original application for approval in principle to erect a dwelling on Field 434756, Ballamodha Straight, was refused by the Planning Committee on 15 February 2008. The appellant argued agricultural need from business expansion, taking over family farm, and family housing needs. The council defended refusal citing strict countryside policies requiring exceptional justification like agricultural need, which was not satisfied. The inspector acknowledged potential merit in expansion plans but found insufficient certainty without full implementation, recommending dismissal. A prior 2006 inquiry into a partially-built dormer bungalow on adjacent land was also dismissed for breaching rural policies, design guide, personal circumstances not overriding policy, and highway visibility issues. Both appeals upheld the refusals.
Precedent Value
Appeals set firm precedent that countryside dwelling permissions require robust, evidenced agricultural need with functional necessity at the site; future applicants must implement expansion plans and provide DAFF-verified labour units before applying, as sympathy for Manx families or security needs insufficient against policy.
Inspector: Neil A C Holt
