7 April 2008 · Delegated - Senior Planning Officer Mrs F Mullen
Field 414367, Surby Road, Surby, Port Erin, Isle Of Man, IM9 6td
The proposal sought approval in principle to erect a single detached dwelling on a 0.3 ha portion of a larger agricultural field north of Surby village, adjacent to the applicant's father's existing property.
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The officer determined the proposal represented an unwarranted development in the Island's countryside on land not designated for development, contrary to the Isle of Man Planning Scheme (Development …
Strategic Aim
Requires planning for sustainable development protecting environment and heritage. Officer found proposal breaches this by unwarranted countryside development in unsustainable location.
Strategic Policy 1
Development must optimise resources, efficient sites, utilise infrastructure (1c). Site unsustainable, car-dependent.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development in towns/villages or sustainable extensions; countryside only exceptional cases (para 6.3). No exception met.
Strategic Policy 10
Promote integrated transport minimising car journeys. Narrow cul-de-sac access fails this.
General Policy 3
No development outside zoned areas except listed exceptions (a-h e.g. ag need). Lacks ag justification unlike prior approval.
Environment Policy 1
Protect countryside outside settlements; no adverse development without overriding need. No such need here.
Housing Policy 4
Cited in refusal; officer assessed against countryside housing restrictions.
Residential Development within Development Area 1
Residential policy restricting to zoned areas.
Policy ENC/P/1
Environmental protection in high landscape areas.
no objections
no objection in principle, subject to conditions on sewer connection and no surface water to foul drains
no objection if single storey low profile moderate size adjacent to existing building and unobtrusive; strongly opposed to further development on unzoned land
Statutory consultees (utilities, drainage, parish) raised no objections with conditions for connections and drainage; multiple local residents objected citing policy non-compliance, scenic value, traffic, and precedent.
IOM Water Authority
Conditional No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
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
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: condition of planning be that the applicant must contact the Authority
Rushen Parish Commissioners
No ObjectionNo objections.
Department of 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 sewer(s). 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) so as to comply with the requirements of the Department of Transport Drainage Division.
The original application PA08/00207/A for approval in principle to erect a detached dwelling on Field 414367, Surby Road, Surby, Port Erin was refused by the Planning Authority. The appellant argued for approval based on personal circumstances: needing more space for her family and to live adjacent to her elderly father for support. The site is in open countryside designated as an Area of High Landscape or Coastal Value. The inspector, after a public inquiry and site visit, found that while sympathetic to the family needs, these did not outweigh the policy presumption against new housing in rural areas outside settlements. Policies such as Strategic Policy 2, General Policy 3, Spatial Policy 5, Environment Policies 1 and 2, and Housing Policy 4 were upheld. The Minister accepted the inspector's recommendation to dismiss the appeal.
Precedent Value
This appeal confirms strict application of Isle of Man countryside policies; personal/family circumstances alone rarely justify exceptions without agricultural need or other policy compliance. Future applicants must demonstrate policy-defined exceptional circumstances beyond sympathy-arousing narratives.
Inspector: Neil A C Holt