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25/90884/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90884/B Applicant : Ms Jacalyn Riding Proposal : Replacement of existing outbuilding with new outbuilding including additional use for tourist accommodation (Class 3.6) Site Address : Dhowin Cottage Smeale Road Andreas Isle Of Man IM7 4JA
Planning Officer: Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 20.11.2025 __ Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed tourist accommodation is located in an isolated countryside setting and does not comply with Strategic Policy 2 and Spatial Policy 5, which direct new development to defined settlements and restrict development in the countryside to exceptional circumstances. While the replacement of the outbuilding aligns with General Policy 3(c) as redevelopment of previously developed land, the introduction of tourist use does not meet any of the exceptions identified in General Policy 3 and is therefore contrary to the Strategic Plan's spatial strategy.
Although Business Policy 13 supports the use of private residential properties for tourist accommodation where amenity impacts are acceptable, this provision does not override the Strategic Plan's spatial strategy or the presumption against new development in the countryside. The proposal introduces a new detached building for tourist use rather than adapting the existing dwelling and therefore falls outside the scope and intent of BP13.
R 2. The proposal conflicts with Strategic Policy 8 and Business Policies 11-14, which collectively require rural tourism development to reuse existing built fabric of interest, support rural diversification, and comply fully with countryside protection policies. Business Policy 11 applies the same weight of countryside protection to tourist development as to other forms of development, while Business Policy 12 encourages conversion of redundant rural buildings rather than demolition and new build. Business Policy 13 permits the use of private residential properties for tourist accommodation only where amenity impacts are acceptable, but this does not extend to the creation of new detached buildings. Business Policy 14 confirms that rural tourism may be permitted only where it complies with all relevant policies and prioritizes farmhouse accommodation or barn conversions linked to rural activities. This proposal involves demolition and new build, provides no functional or economic link to rural land management, and relies on private car access, contrary to the sustainability objectives of the Strategic Plan. Accordingly, the scheme falls outside the scope and intent of Business Policies 11-14 and Strategic Policy 8.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Visit Isle of Man Agency - No objection
It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: o DOI Highways Division - No objection subject to ancillary use restriction which has not been applied.
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Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of Dhowin Cottage, Smeale Road, which sits on the eastern side of the B6 (Smeale Road), at the junction with a private lane that serves The Cronk, a large two-storey traditional Manx dwelling located to the eastern side of the Smeale Road, and set about 985m along the lane, and approximately 825m east of the application site.
1.2 The site in its current context houses the main dwelling, which is a two-storey traditional property finished in white render with a pitched slate roof, and an adjacent outbuilding which is also traditional in form. Both the cottage and the outbuilding directly abut the private lane, making them clearly visible from the approach. The cottage is set behind a small landscaped garden enclosed by mature hedgerows and trees, which provide partial screening from Smeale Road but do not obscure views from the lane. Historic mapping indicates that both the dwelling and the outbuilding were present on the 1860s map, confirming their long-established presence within the rural landscape.
1.3 The outbuilding is positioned close to the lane and constructed from Manx stone with a white limewash finish and a corrugated metal roof. It is in poor structural condition, with substantial vertical and diagonal cracks and deteriorated pointing. The southern boundary is defined by hedgerows, with open agricultural land to the north and east. The openness of the junction and the absence of substantial screening mean the site forms a noticeable element within the rural roadside scene.
1.4 The surrounding area is strongly rural in character, comprising open fields and agricultural land defined by hedgerow boundaries and occasional mature trees. Built development is limited to sporadic traditional dwellings, generally clustered near road junctions and set back from the main road network. The landscape pattern is predominantly agricultural, with narrow lanes and hedgerow enclosures contributing to a sense of countryside seclusion. There are no urban features, and the overall setting is consistent with the rural character of the northern parts of the Island.
2.0 THE PROPOSAL 2.1 Planning approval is sought for replacement of existing outbuilding with new outbuilding including additional use for tourist accommodation (Class 3.6).
2.2 The proposed works would include the demolishing the existing traditional outbuilding on site and erecting a new building within its footprint and of size form. The new building would measure 8.45m x 4.67m, which is exactly the same footprint as the existing. The building would, however, be 3.9m tall (2.5m to the eaves), which is an increase in height over the existing which is 3.48m tall (2.1m to the eaves).
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2.3 The replacement building would retain a traditional gable-ended form and occupy the same position as the existing structure. External finishes are proposed as sand/cement render painted white to match the existing barn, with a pitched roof finished in slate to match the existing dwelling. The roof incorporates new rooflights positioned similarly to the existing structure. Openings include full-height uPVC windows with frames finished in black, and thermally broken aluminium bi-fold doors on the west elevation, also finished in black.
2.4 Internally, the building would accommodate an open-plan living/kitchen area, bedroom, and ensuite bathroom facilities.
2.5 No changes are proposed to the existing access arrangements from the private lane, and the development would continue to rely on the established curtilage for parking and servicing. Landscaping within the garden area would remain largely unchanged.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The application site is within an area recognised as land not zoned for development under the Isle of Man Development Plan Order 1982, and the site is not within a Conservation Area. There are no registered trees within the site, and it does not lie within or adjoin any designated tree protection area. The site does not lie within a flood prone area.
3.2 National: STRATEGIC PLAN (2016) 3.2.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning application: 1. General Policy 3 - Exceptions to development in the countryside. 2. General Policy 2 - Development Criteria, ensuring developments are appropriate for their location, support sustainable economic and social outcomes, and do not harm the character of the area. 3. Environment Policy 1 - Protection of the countryside and inherent ecology. 4. Strategic Policy 2 - Priority for new development to identified towns and villages. 5. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. 6. Strategic Policy 5 - Design and visual impact. 7. Strategic Policy 8 - Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions. 8. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3. 9. Environment Policy 4 - Protects biodiversity (including protected species and designated sites). 10. Environment Policy 5 - Mitigation against damage to or loss of habitats. 11. Business Policy 1 - Supporting economic growth through business developments that benefit local employment and sustainability. 12. Business Policy 11 - Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. 13. Business Policy 14 - Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. 14. Transport Policy 4 - Highway capacity and safety considerations. 15. Transport Policy 7 - Parking considerations/standards for development. 16. Community Policies 7 - provide guidance in respect of minimising criminal activity and antisocial behaviour.
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3.3 Area: AREA PLAN FOR THE NORTH AND WEST
3.3.1 It must be noted that at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. This means that the 1982 development plan remains the correct land use designation, and no material weight is given to the Draft Area Plan for the North and West.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.1.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
4.2 Residential Design Guide (2021) 4.2.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.3 Policy on the Development of Non-Serviced Accommodation 2019. 4.3.1 This document is an offshoot of the Isle of Man Non-Serviced Accommodation Futures - Final Report (2017). It sets out governments priorities as it relates to tourism, provides a summary of the non-serviced study, whilst also outlining the current visitor economy strategy, in addition to articulating the Island Policy towards tourism development.
4.4 Isle of Man Visitor Economy Strategy 2022-2032 4.4.1 The Strategy's headline targets are to grow the annual visitor numbers to 500,000 by 2032 and increase the annual economic contribution of the Island's Visitor Economy to £520m. This will mean attracting an additional 170,500 visitors per year compared to 2019. The aim is to triple the holiday and short break market as well as grow all of the other visitor markets. Combined with an expected increase in average spending per visitor, driven by strong growth in longer staying and higher spending leisure markets, these visitor numbers should result in a more than doubling of annual visitor spending on the Island to £310m, which will support an increase in Visitor Economy jobs to 5,000 and generate an annual Exchequer benefit of £49m.
4.4.2 Programme 3: Visitor Accommodation Transformation A key aspiration is to widen our non-serviced accommodation supply with the introduction of the innovative offers that are finding a strong market in competitor destinations, such as back- to-nature retreats, lifestyle and wellness resorts, sea cabins, treehouses, sky huts and luxury glamping sites.
4.5 Planning Policy Statement (PPS): Planning & the Economy (A Consultation Document February 2012) 4.5.1 "In applying the provisions of the Strategic and Area Plans, particularly General Policy 1 and General Policy 3 of the Strategic Plan, the Department will seek proposals to be supported by evidence that demonstrates that the proposed development would secure sustainable, long term economic growth of Island wide benefit, which meets the wider objectives of sustainable development by weighing market and other economic matters alongside environmental and social costs and benefits."
5.0 PLANNING HISTORY 5.1 The application site has been the subject of the following planning applications which are considered relevant in the assessment and determination of the current application: 1. PA 96/00014/B for Alterations and extensions to form additional living accommodation, Dhowin Cottage, Smeale Road, Andreas . This was approved by the Planning Committee on 26.04.1996.
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2. PA 98/00640/C for Change of use of dwelling to tourist accommodation, Thie Dhowin, Smeale Road, Andreas. This was approved by the Planning Committee on 24.08.1998.
5.2 Both applications confirm that the dwelling and outbuilding are within the same curtilage, reinforcing their presence within the historic curtilage depicted on the 1860s map, although the site layout has changed slightly since that time.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the existing site layout, access and parking can cater for the existing and proposed development on the site, providing the development remains ancillary to the existing building for the lifetime of the development via condition (6 October 2025).
6.2 The DEFA Registered Buildings Officer has made the following comments on the application (7 October 2025): 1. He notes that both the dwelling and the outbuilding appear on historic mapping from the 1860s, confirming their long-established presence at this location. 2. The outbuilding is not a registered building and does not fall within a conservation area. 3. No objection is raised to the demolition and replacement of the outbuilding. 4. The replacement building should respect the traditional form and maintain compatibility with the rural character of the setting.
6.3 Visit Isle of Man Agency Officers have made the following comments on the application (18 November 2025): 1. The proposal would create a self-catering tourist accommodation unit, which contributes to the objectives of the Our Island Our Future Visitor Economy Strategy 2022-2032 endorsed by Tynwald. 2. The strategy seeks to increase the quality and choice of visitor accommodation and attract new visitor markets, particularly through distinctive, contemporary and eco-friendly developments. 3. Although modest in scale, the development aligns with strategic aims to boost off-peak demand and support growth in holiday and short-break markets, including target segments such as Traditional Travellers, Curious Explorers, Experience Seekers and Family Adventurers. 4. No objection is raised to the development, which is anticipated to achieve a high-quality finish and support the Island's competitiveness as a visitor destination.
6.4 Andreas Parish Commissioners have not made any comments on the application although they were consulted on 29 September 2025.
6.5 No comment has been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this application are: 1. The principle of the proposed development, including demolition of the existing outbuilding and erection of a replacement building with tourist accommodation use. (General Policy 3, Strategic Policy 2, Strategic Policy 8, Spatial Policy 5, Environment Policy 1, Business Policies 11 and 14); 2. Ancillary use and severability risks (General Policy 3, Business Policy 14, Planning Circular 3/91); 3. Design, Landscape, and Heritage Considerations (Strategic Policy 5, Strategic Policy 4, General Policy 2(b, c, e), Housing Policy 11; Residential Design Guide 2021; and Planning Circular 3/91);
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4. Ecological and biodiversity impact (Environment Policies 4 and 5, Biodiversity Strategy 2015-2025); 5. Highway safety and access (Transport Policy 4, Transport Policy 7, General Policy 2(f)); and 6. Residential Amenity and Neighbour Impact (General Policy 2(d), Residential Design Guide 2021)
7.2 THE PRINCIPLE OF THE PROPOSED DEVELOPMENT 7.2.1 The application seeks permission for the demolition of an existing outbuilding and its replacement with a new structure of identical footprint, incorporating tourist accommodation use. The site lies within the established curtilage of Dhowin Cottage, as evidenced by historic mapping and previous planning approvals. The existing outbuilding is not registered, does not fall within a conservation area, and is of limited architectural or historic interest. Its poor structural condition means retention is not justified. The principle of replacing the outbuilding as a domestic ancillary structure is acceptable under General Policy 3(c), which permits redevelopment of previously developed land in the countryside where the continued use is redundant and where redevelopment would reduce the impact of the current situation on the landscape or wider environment. The proposal occupies the same footprint, avoids encroachment into open countryside, and maintains the spatial relationship between built form and surrounding land. On this basis, the principle of replacement as an ancillary outbuilding is supported.
7.2.2 However, the inclusion of tourist accommodation use introduces a material change that engages wider Strategic Plan policies. Strategic Policy 2 and Spatial Policy 5 direct new development primarily to existing towns and villages, or sustainable urban extensions, and permit development in the countryside only in exceptional circumstances identified in General Policy 3. Those exceptions include essential housing for agricultural workers, conversion of redundant rural buildings of architectural or historic value, and redevelopment of previously developed land where it improves landscape impact. None of these exceptions extend to the creation of new commercial tourist accommodation in isolated locations without diversification benefit. The site is not part of a farm or rural enterprise, offers no link to rural activities, and therefore fails to meet the policy intent behind Business Policies 11-14, which encourage tourism development only where it supports sustainable rural economies and complies fully with countryside protection policies.
7.2.3 The proposal also fails to satisfy the underlying objectives of Business Policies 11-14, which collectively aim to ensure that rural tourism development strengthens sustainable rural economies and complements countryside protection policies. These policies encourage accommodation that is integrated with rural land-based activities, such as farmhouse stays or barn conversions, because such schemes deliver diversification benefits and maintain the viability of agricultural holdings. They also require compliance with General Policy 3, which sets a presumption against new development in the countryside unless exceptional circumstances apply. In this case, the proposed tourist use introduces a standalone tourist unit in an isolated location without any functional or economic relationship to rural land management. It does not contribute to agricultural sustainability, does not reuse a building of architectural or historic interest, and does not enhance the rural economy beyond the provision of a single unit. Consequently, the scheme conflicts with the intent of Business Policies 11-14 and undermines the Strategic Plan's approach to sustainable rural development.
7.2.4 Further to the above, Strategic Policy 8 supports tourism development only where it makes use of existing built fabric of interest and quality, does not adversely affect environmental or highway interests, and enables enjoyment of natural and man-made attractions. This proposal involves demolition and new build, offers no heritage value, and introduces additional activity in a location with poor public transport accessibility. While bus stops exist at approximately 980m and 1.34km from the site, these distances cannot be considered realistically sustainable, particularly during winter months and wet conditions
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common on the Isle of Man. Reliance on private car travel is inevitable, which conflicts with the Strategic Plan's sustainability objectives.
7.2.5 Although Business Policy 13 allows the use of private residential properties as tourist accommodation where amenity impacts are acceptable, and Business Policy 14 permits rural tourism development subject to compliance with the Plan, these policies do not override the presumption against new development in the countryside. The proposal fails to demonstrate sustainable access, does not contribute to rural diversification, and does not align with the Strategic Plan's emphasis on protecting the rural environment from inappropriate development.
7.2.6 Previous approvals for similar proposals, such as PA 15/00063/B and PA 23/00270/B at Glen Drink, Ballaragh Road, Laxey, were granted strictly for domestic ancillary use, not for tourist accommodation. In those cases, conditions were imposed to ensure the buildings remained incidental to the main dwelling and could not operate independently or commercially. This reflects a consistent policy approach: replacement outbuildings in the countryside may be acceptable where they serve a subordinate domestic function, but introducing a new self- contained building for holiday unit in this case (where it does not seek re-use of an existing building) represents a material change that conflicts with the Strategic Plan's sustainability objectives.
7.2.7 Therefore, allowing tourist use in this instance would encourage the erection of isolated tourist development in the countryside, undermining the integrity of General Policy 3, which restricts development outside defined settlements except in exceptional circumstances, and eroding the principles embedded in Strategic Policy 2 and Spatial Policy 5, which direct new development to towns and villages. It would also disregard the intent of Business Policies 11- 14, which encourage rural tourism only where it supports sustainable rural economies and complies fully with countryside protection policies. For these reasons, the principle of tourist use cannot be supported under Strategic Policy 8, General Policy 3, Business Policies 11-14, or the sustainability objectives of the Strategic Plan.
7.2.8 While the Officer comment from Visit Isle of Man highlights the strategic ambition to expand and diversify visitor accommodation under the Visitor Economy Strategy 2022-2032, this does not override the statutory planning framework. The Strategic Plan remains the primary policy document, and its presumption against new development in the countryside under General Policy 3, Strategic Policy 2, and Spatial Policy 5 carries the greatest weight. Tourism strategies are material considerations, but they cannot justify a departure from adopted development plan policies where conflict arises.
7.2.9 Strategic Policy 8 is clear that tourist development proposals will only be supported where they make use of existing built fabric of interest and quality, do not adversely affect environmental or highway interests, and enable enjoyment of natural and man-made attractions. Similarly, Business Policy 14 confirms that tourism development in rural areas may be permitted only where it complies with all relevant policies in the Plan, with priority given to farmhouse accommodation or quality self-catering units in barn conversions linked to rural activities. This proposal does not meet those requirements: it is a new-build in an isolated location, offers no diversification benefit, and relies on private car access. Accordingly, while the tourism strategy objectives are noted, they do not alter the conclusion that the principle of tourist use is unacceptable under Strategic Policy 8, Business Policy 14, General Policy 3, and the sustainability principles that underpin the Strategic Plan.
7.3 ANCILLARY USE AND SEVERABILITY RISKS 7.3.1 The proposed building is located within the established curtilage of Dhowin Cottage and would continue to rely on shared access, services, and garden space with the host dwelling. These shared arrangements, along with its siting and proximity to the main property, support an ancillary relationship. However, the internal configuration comprises a self-contained unit
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with living, kitchen, bedroom, and bathroom facilities, introducing a degree of functional independence that must be carefully assessed in terms of long-term planning control.
7.3.2 The building is physically detached and includes features such as full-height windows and bi-fold doors, which reinforce its residential character. Although no separate access is proposed, the combination of internal facilities and external form raises legitimate concerns regarding severability and the potential for future independent occupation.
7.3.3 The Inspector's findings in the Yn Rheash appeal (AP22/0051) are instructive in this context. In that case, the Inspector accepted that a detached building could be considered ancillary, provided its physical relationship, internal layout, and functional integration with the host dwelling were sufficiently robust to prevent severability. The decision clarified that ancillary status is not determined solely by proximity or shared access, but by whether the building is subordinate in use, dependent in function, and unlikely to operate independently without a material change of use. The Inspector also emphasised the importance of planning conditions to reinforce ancillary status and prevent future subdivision, including restrictions on occupancy, retention of the approved internal layout, and removal of permitted development rights.
7.3.4 In light of these considerations, and to ensure compliance with General Policy 3 and Business Policy 14, planning conditions are necessary to safeguard against the creation of a separate dwelling in the countryside. These should restrict the use of the building to purposes ancillary to the residential occupation of Dhowin Cottage, prevent its independent sale, letting or occupation, require retention of the internal layout as shown on the approved plans, and remove permitted development rights for further extension, alteration or change of use. These controls are essential to maintain the building's subordinate status and to prevent any future material change of use that would conflict with the Strategic Plan.
7.3.5 Subject to the imposition of these conditions, the proposal from an ancillary accomodation point of view can be considered acceptable in planning terms. The building would remain functionally and legally tied to the host dwelling, and the risks of future severance would be effectively mitigated. This approach is consistent with established policy and appeal reasoning and ensures that the development remains within the scope of what is permissible for ancillary residential accommodation in the countryside.
7.4 DESIGN, LANDSCAPE, AND HERITAGE CONSIDERATIONS 7.4.1 The Strategic Plan establishes clear expectations for rural design quality. Strategic Policy 4 seeks to protect and enhance the landscape character of rural areas and the setting of heritage assets, while Strategic Policy 5 requires new development to make a positive contribution to the Island's environment through high-quality design. General Policy 2(b) and (c) reinforce these objectives by requiring proposals to respect siting, scale, form, and design and to avoid adverse effects on rural character. Housing Policy 11 prioritises the conversion of rural buildings of architectural or historic interest, although it does not preclude replacement where retention is unjustified. In addition, Planning Circular 3/91 and the Residential Design Guide (2021) provide detailed guidance on rural design principles, including proportion, materials, and fenestration, which inform the assessment of this proposal.
7.4.2 The existing outbuilding is a modest, single-storey structure of simple rectangular form with a pitched roof and whitewashed stone walls. While its vernacular finish contributes to the rural scene, the building is in poor structural condition and lacks architectural or historic interest. Its retention would not deliver the objectives of Housing Policy 11 or Strategic Policy 4 in terms of conserving heritage value.
7.4.3 The proposed replacement respects the established footprint and gable-ended form, maintaining the spatial relationship within the curtilage. It retains key rural characteristics, simple massing, pitched slate roof, and white-painted walls, consistent with Circular 3/91
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Policies 3 and 4. However, the scheme introduces contemporary elements, notably full-height glazing and bi-fold doors, which conflict with Circular 3/91 Policy 5 on fenestration and door proportions. The absence of a chimney also departs from Policy 6. These features create a more domestic and modern appearance than the restrained vernacular advocated by the Circular.
7.4.4 Despite these departures, the overall design remains low-profile, avoids encroachment into open countryside, and preserves existing topography and vegetation. The building's scale and siting mitigate visual impact, and no harm arises to designated or non-designated heritage assets. Subject to conditions securing traditional materials and limiting further alterations, the proposal can achieve an acceptable design outcome that aligns with Strategic Policy 5 and the broader intent of Circular 3/91 to maintain rural character.
7.4.5 While the proposal does not comply with Housing Policy 11 or all aspects of Circular 3/91, these conflicts are outweighed by compliance with General Policy 3(c), Strategic Policies 4 and 5, and the absence of landscape harm. On balance, and subject to conditions, the design and landscape impacts are considered acceptable within the scope of the Strategic Plan.
7.5 ECOLOGICAL AND BIODIVERSITY IMPACT 7.5.1 Environment Policies 4 and 5 seek to protect biodiversity, including designated sites and protected species, and require mitigation against habitat loss. The application site comprises the curtilage of an existing dwelling and an outbuilding that has been present since at least the 1860s. The footprint is fully developed, and the proposal involves demolition and replacement within the same position. No trees, hedgerows, or sod banks would be removed, and the surrounding agricultural land remains unaffected.
7.5.2 The site does not lie within or adjacent to any designated ecological area, and the proposed development remains confined to the existing footprint, away from established vegetation and boundary features. The scale and nature of the works do not introduce new land take or fragmentation of habitat, and no evidence has been presented to indicate the presence of protected species.
7.5.3 On this basis, the proposal does not give rise to adverse ecological impacts and is considered to comply with Environment Policies 4 and 5.
7.6 HIGHWAY SAFETY AND ACCESS 7.6.1 The proposal raises no new issues in terms of access or parking because it relies on the existing arrangements serving Dhowin Cottage. The private lane connection to Smeale Road remains unchanged, and the curtilage provides sufficient space for parking and turning without requiring additional land or infrastructure.
7.6.2 Further to the above, the Department of Infrastructure Highways Division has confirmed that the development would not adversely affect highway safety or network functionality, provided the building remains ancillary to the host dwelling. While the introduction of tourist accommodation could result in a higher turnover of visitors and therefore some degree of traffic intensification, this is not considered significantly alter the context of the site's capacity and existing access arrangements. The ancillary nature of the use, combined with shared access and parking within the curtilage, ensures that any increase in vehicle movements would remain within acceptable limits and would not compromise highway safety.
7.6.3 It is also worth noting that visibility at the junction with Smeale Road is unaffected, and no alterations are proposed to the lane or boundary treatments that could compromise safe ingress or egress. On this basis, the scheme satisfies the access and parking requirements of General Policy 2(f) and accords with Transport Policies 4 and 7, which seek to ensure safe and efficient operation of the highway network.
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7.7 RESIDENTIAL AMENITY AND NEIGHBOUR IMPACT 7.7.1 The proposal must be assessed in terms of its effect on the living conditions of neighbouring occupiers, having regard to General Policy 2(d) and the Residential Design Guide (2021), which seek to prevent unacceptable impacts from overlooking, overshadowing, or noise.
7.7.2 The site is rural in character and largely isolated from other dwellings. The nearest residential property lies approximately 825 metres to the east, and no representations have been received from adjoining landowners. The closest structure is an agricultural building situated about 28 metres to the south-west. This building is not in residential use and is visually separated from the application site by roadside vegetation, which provides a degree of screening and helps maintain privacy and visual containment.
7.7.3 The replacement building is single-storey and occupies the same footprint as the existing outbuilding, avoiding any increase in massing or change in orientation that could introduce overlooking or overbearing effects. Openings are concentrated on the west elevation, facing into the curtilage rather than towards neighbouring land. The proposed use as ancillary tourist accommodation is unlikely to generate activity beyond that associated with the existing residential curtilage, and the intensity of occupation remains modest.
7.7.4 On this basis, the proposal does not give rise to harm to residential amenity or the functioning of nearby land uses. It satisfies the requirements of General Policy 2(d) and accords with the guidance in the Residential Design Guide (2021).
8.0 CONCLUSION 8.1 The proposal involves the demolition of an existing outbuilding and its replacement within the curtilage of Dhowin Cottage. While the principle of replacing the outbuilding as an ancillary domestic structure is supported under General Policy 3(c), the inclusion of tourist accommodation introduces a material change that conflicts with the Strategic Plan's spatial strategy and sustainability objectives. The scheme does not comply with Strategic Policy 8, Business Policies 11-14, or Housing Policy 11, as it fails to reuse existing built fabric of interest, offers no rural diversification benefit, and relies on private car access in an isolated countryside location.
8.2 Although the design respects the established footprint and retains key rural characteristics, it departs from aspects of Planning Circular 3/91 in terms of fenestration and detailing. These conflicts could be mitigated through conditions securing materials and restricting alterations, ensuring visual compatibility with the rural setting. However, such measures do not overcome the fundamental policy conflict arising from the proposed tourist use. Accordingly, while ancillary replacement could be acceptable subject to strict conditions preventing severability, the principle of tourist accommodation is contrary to Strategic Policies 2 and 8, Spatial Policy 5, General Policy 3, and Business Policies 11-14. For these reasons, the proposal cannot be supported under the Strategic Plan.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
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9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Refused Date: 25.11.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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