23 June 2008 · Planning Committee
Land At, Ballacashin Farm, Lane From Lanjaghan Road To Ballacashin Farm, Abbeylands, Isle Of Man, IM4 5eg
The proposal sought approval in principle to erect a dwelling and garage on vacant land (actually containing a large shed and hardstanding) at Ballacashin Farm in the rural Abbeylands area of Onchan. The site is designated as open space under the Onchan Local Plan and lies in the countryside.
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The officer concluded the site is in open countryside designated as open space under the Onchan Local Plan, subject to a presumption against new residential development per policy O/RES/P/22 of Planni…
Policy O/RES/P/22 (Onchan Local Plan)
Prohibits new dwellings outside residential areas, particularly in rural Onchan countryside protected by prior circulars and designated high landscape value. Officer assessed the site as rural open space; proposal failed as it represented new housing without exception.
Spatial Policy 5
Requires new development within defined settlements; countryside only per GP3 exceptions. Site outside settlements; no GP3 exception met, tipping to refusal.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. agricultural housing, redundant conversions). Proposal did not qualify under any listed exceptions.
Environment Policy 1
Protects countryside for its own sake; no development adversely affecting it unless overriding national need. Proposal adversely affected countryside without justification.
Housing Policy 4
New housing only in settlements or specific countryside exceptions (agricultural, conversions, replacements). Personal downsizing not exceptional.
Do not oppose
Note received; express interest and request contact for water supply connection
Multiple consultees responded to planning application 08/00579/A for approval in principle to erect a dwelling and garage at Ballacashin Farm, Abbeylands, Onchan; Onchan District Commissioners recommended refusal on policy grounds while others raised no objections or requested conditions related to water supply and drainage separation.
Key concern: The proposal represents a new dwelling in the countryside contrary to planning policies, contrary to the Local Plan and contrary to the Island's Strategic Plan.
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: a 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
Andrew Jessopp
ObjectionThis application, among other policies, is not in accordance with GP3 and no justification to over-ride the policy has been provided.
DLGE Environmental Water Protection
Conditional No ObjectionIt is important to provide at least 100 metres separation between the source of this supply and any foul drainage soakaway system in order to avoid contamination of the water supply.
Conditions requested: provide at least 100 metres separation between the source of this supply and any foul drainage soakaway system; incorporate this requirement into the design of any drainage system
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons: "The proposal represents a new dwelling in the countryside contrary to planning policies, contrary to the Local Plan and contrary to the Island's Strategic Plan."
Department of Transport Highways
No ObjectionDo not oppose
The original application (00/00708/A) for approval in principle to erect a dwelling and garage at Ballacashin Farm was refused by the Planning Committee. The appellant argued the site was within an envelope of built development, needed for family accommodation, with no local objections and precedents in the area. The Council defended the refusal citing breach of countryside protection policies in the recent Local Plan, insufficiency of personal circumstances alone, visibility on open hillside, and objections from Parish Commissioners and others. The inspector found the site prominently visible on open hillside, not part of an established group of dwellings, and that personal circumstances were insufficient to override policy, recommending dismissal. The Minister accepted the recommendation and dismissed the appeal on 26 April 2001.
Precedent Value
This appeal reinforces strict application of countryside protection policies; personal needs do not justify exceptions without agricultural tie or other strong policy compliance. Future applicants must demonstrate unique circumstances matching approved precedents or policy infill criteria, avoiding reliance on visibility claims.
