6 January 2023 · Delegated - Principal Planner (Abigail Morgan)
Glen Moar Cafe, Glen Helen Road, Laurel Bank, St. Johns, Isle Of Man, IM4 3nn
The site is at Glen Moar Cottages on the A3 road in the rural Neb Valley, an Area of High Landscape Value, currently featuring holiday cottages, a converted garage, and seasonal temporary marshalling scaffold.
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The officer determined the proposed extension into rural grassland would create prominent built development lengthening the row of cottages, harming the rural, verdant character of the A3 streetscene …
Environment Policy 1
Protects the countryside for its own sake. The officer assessed the greenfield extension as harmful built development in rural countryside, with no essential need justifying intrusion.
Environment Policy 2
Protects Areas of High Landscape Value from harmful development not essential in that location. Neb Valley site is in such an area; extension seen as unduly prominent and visually intrusive in verdant valley.
General Policy 2
Requires development to respect siting, layout, form of buildings and surrounding landscape. Proposal's prominent lengthening of cottage facade failed this test in rural A3 streetscene.
General Policy 3
Discourages buildings/uses outside zoned areas not essential for rural purposes, unless overriding national need (g). No such need found; alternatives available.
no significant negative impact
no objections
initial requirement for common lizard survey satisfied by Reasonable Avoidance Measures Statement (RAMS) which could be secured by condition
letter of support for improved steward facilities
DEFA Biodiversity initially raised concerns about protected lizards and birds but later accepted a Reasonable Avoidance Measures Statement (RAMs) with conditions; other consultees raised no objections or minor concerns but no outright objections.
Key concern: potential damage to protected viviparous lizards and their habitats
DEFA Ecosystem Policy Team
Conditional No Objectionwe are happy with the approach taken and that no further assessment is required, as long as the works are carried out in line with these RAMs; we agree with these comments [bird strikes]
Conditions requested: RAMS for viviparous lizards, including the creation of the new lizard hibernaculum is secured as a condition on approval; details of measures to be undertaken to prevent bird strikes on clear glazing, to be provided to Planning for written approval prior to the installation of glass balustrading - this could include use of etching, ultraviolet coating, ultraviolet decals etc.
DOI Highways Division
No Objectionno significant negative impact upon highway safety, network functionality and /or parking
DEFA Forestry, Amenity & Lands Directorate
No ObjectionWe have no objections to the proposed development.
German Parish Commissioners
ObjectionMy Commissioners object to this application
DEFA Inland Fisheries
Conditional No ObjectionDEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse
Conditions requested: precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river
The original application for installation of glass balustrading and a single storey side extension with viewing platform/marshals tower on grassland adjacent to holiday cottages at Glen Moar/Black Dub was refused by a Principal Planner for harm to countryside/AHLV character (EP1, EP2) and conflict with GP2/GP3, finding no overriding national need outweighed by alternatives. Appellant argued established marshal use, site as curtilage/previously developed land, low prominence, safety/access benefits, consistency with precedents, and alignment with Visitor Strategy. Council defended refusal emphasising visual prominence, temporary scaffold fallback, garage conversion alternative, and low weight to benefits. Inspector found limited harm to character (moderated by context) but accepted overriding national need for TT safety/facilities at this essential location with no reasonable alternative, strongly outweighing policy conflicts; recommended appeal allowed with conditions.
Precedent Value
Confirms policy exceptions (GP3g/EP1/EP2) can be met for essential TT infrastructure in AHLV/countryside where location-specific need proven and no alternatives; limited harm can be outweighed by strong national benefits/strategic alignment.
Inspector: Frances Mahoney MRTPI IHBC
