17 November 2008 · Delegated - Senior Planning Officer
Brookfield, Little Mill Road, Onchan, Isle Of Man, IM4 5bf
The proposal sought approval in principle for a modest single-storey 'daughter's annexe' dwelling with a 75m² footprint in the rear garden of Brookfield, a semi-detached house on the rural western side of Little Mill Road in Onchan.
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The officer assessed the site as within countryside designated as open space and unsuitable for development owing to pollution risk to existing or future public water supply near Clypse and Kerrowdhoo…
Policy O/RES/P/22 (Onchan Local Plan)
Prohibits new dwellings outside residential areas, particularly in rural Onchan countryside of high landscape value. Officer found proposal contrary as site is open space in countryside with no exceptional circumstances to override presumption against development.
Policy O/NC/P/2
Presumes against development adversely impacting ecological interest areas. Site partly in ecological/semi-natural vegetation; proposal would encroach without justification.
Strategic Policy 2 - Priority for new development to identified towns and villages
Limits development to towns/villages or sustainable extensions; countryside only in exceptional cases. No exceptions applied here.
Spatial Policy 5
Development only in defined settlements or per General Policy 3 countryside exceptions. Site fails all listed exceptions.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. agricultural housing, conversions). Single dwelling does not qualify.
Environment Policy 1
Protects countryside/ecology unless overriding national need with no alternative. Pollution risk to reservoirs outweighed any personal needs.
Housing Policy 4
New housing only in settlements or specific rural exceptions. Proposal fails as unwarranted countryside encroachment.
Do not oppose subject to condition requiring on-site car parking provision in accordance with Isle of Man Strategic Plan 2007 standards
Onchan District Commissioners objected to the application citing contravention of local and strategic planning policies due to the site's location in open space and rural area unsuitable for development due to water supply risks; Highways Division had no objection subject to parking conditions; private individuals objected on water supply protection grounds.
Key concern: Site in open space/rural area unsuitable for development due to danger of pollution of water supply and contravention of zoning policies
Onchan District Commissioners
ObjectionThe proposals are contrary to the provisions of 0/RES/P/22 of the Onchan Local Plan 2000 and General Policy 3 of the Isle of Man Strategic Plan.; Policy 0/RES/P/22 states "outside those areas designated for residential development new dwellings will not generally be permitted within the local plan area. This applies particularly to the rural part of the district ..."; Development will not be permitted outside those areas which are zoned for development on the appropriate Area Plan; Housing Policy 4 of the Strategic Plan does make provision for housing in the countryside, but only in exceptional circumstances.
Onchan District Commissioners
ObjectionIn consideration of the above the Commissioners respectfully request that the decision to REFUSE the application be upheld.
Department of Transport Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Off street parking standards must be applied in accordance with the IOM Strategic Plan
T.R. Quayle
ObjectionThis proposed dwelling is situated on land designated as possible future public water supply. No building is to take place in this area.
T.R. Quayle
ObjectionTHIS DWELLING WOULD BE ERECTED ON LAND DESIGNATED FOR USE AS A POSSIBLE PUBLIC WATER SUPPLY. AS SUCH NO DEVELOPMENT OF ANY SORT CAN TAKE PLACE.
Andrew Jessopp
ObjectionThis application fails to meet the requirements of GP3 and on the basis of other appeal decisions, for applications in this area, fails to overcome the reasons for refusal.
The original application (08/01811/A) for approval in principle for a dwelling was refused by the Planning Authority citing Onchan Local Plan policies O/RES/P/22 and O/NC/P/2, and Strategic Plan policies confining development to towns/villages and protecting countryside. The appellant argued for the bungalow to allow their daughter to live nearby for support in old age, with available access and drainage. The inspector found the site in protected countryside/AHLVSS, no overriding need or lack of alternatives justifying exception under GP3, dismissed water pollution concerns as conditionable, and accepted access prospects. The Minister accepted the inspector's recommendation to dismiss the appeal on 6 April 2009.
Precedent Value
Reinforces very high bar for countryside infill housing even for family carers; applicants must prove no feasible alternatives in settlements and meet exact GP3 criteria. Nearby refusals set consistent precedent for AHLVSS protection.
Inspector: David Ward