20 February 2009 · Delegated - Senior Planning Officer
Land Abutting Peel Road Opposite The Braddan Church Junction, Peel Road, Braddan, Douglas, Isle Of Man, IM4 4lb
The proposal sought approval in principle for one detached dwelling and garage on a site between Peel Road and the River Dhoo, currently used for temporary storage but designated as open space under the Braddan Parish District Local Plan 1991.
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The site is designated open space under the Braddan Parish District Local Plan 1991 (Plan No.2) and not zoned for residential development, conflicting with General Policy 3 of the Isle of Man Strategi…
General Policy 2
Requires development in accordance with zoning and no adverse impacts on landscape character, habitats, amenity, highways. Officer assessed proposal fails due to unzoned site, harm to sylvan character around churches/Heritage Trail, proximity to river.
General Policy 3
Prohibits development outside zoned areas except specified exceptions (e.g. agricultural housing, redundant buildings, previously developed land). Site unzoned open space; no exceptions apply as not previously developed or essential need.
Environment Policy 3
Prohibits loss/damage to woodlands of amenity/conservation value. Site has tree belt; development risks trees despite retention intent, conflicting with sylvan setting protection.
Environment Policy 7
Protects watercourses; no development within 8m. Proposal sited >8m but risks run-off/sedimentation during works; consultee interest noted.
Transport Policy 3
Protects rail routes/heritage trails. Inspector in prior appeal found harm to Heritage Trail enjoyment via riverbank views; one dwelling reduces but does not eliminate.
Do not oppose subject to visibility splays of 2.4 x 36 metres kept clear
The original application 08/02040/A for approval in principle for a detached dwelling and garage on land abutting Peel Road, Braddan, was refused by the Department. The appellant argued that the site was suitable for a single dwelling with no adverse impacts, citing past planning officer views, an abandoned local plan inquiry, and legitimate expectations from road works. The Department defended the refusal based on open space zoning in the 1991 Braddan Parish District Local Plan and IoM Strategic Plan 2007 policies. The inspector found the proposal contrary to adopted policies protecting open space and would harm the area's appearance and Heritage Trail, recommending dismissal. The Minister accepted this recommendation on 20 October 2009, confirming the refusal.
Precedent Value
Appeals on open space zoned land will fail without policy change, even for single dwellings with mitigated impacts; adopted local plans and Strategic Plan policies take precedence over abandoned plans or infrastructure-enabled access.
Inspector: John S Turner
