13 February 2023 · Committee
Outbuildings, Middle Cordeman, Cordeman Road, St Marks, Ballasalla, Isle Of Man, IM9 3aj
The application sought approval in principle to significantly expand St Marks Country Park, a site in remote open countryside in the central southern part of the Isle of Man. The proposed development included 6 tourist chalets (a mix of one and two bedroom units), motorhome overnight parking for approximately 6 vehicles, camping provision, and 4 or 5 craft studios. The applicant's stated aim was to make the park a top tourist attraction rivalling comparable UK sites. The site is in unzoned countryside where Policy GP3 of the Isle of Man Strategic Plan 2016 restricts development to a limited set of exceptional circumstances. Officers concluded the proposals did not meet any of those criteria. The applicant argued the development represented an overriding national need under GP3(g), but this was rejected — small-scale tourism chalets, craft cabins, and camping were not considered to meet that threshold.
The development would unacceptably harm the rural character of the local landscape by effectively transforming the site into a small holiday park in an unzoned countryside location. The remote setting would also place visitors in unsustainable reliance on private motor vehicles. The proposals did not qualify under any of the exceptional development criteria in Policy GP3, and were directly contrary to tourism policies BP11 to BP15, which protect the countryside from new tourism accommodation.
Refusal Reasons
General Policy 3 - Development outside of areas zoned for development
The proposals are not one of the exceptional types of development listed in Policy GP3
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Business Policy 11
contrary to Policies BP11, BP12, BP13, BP14 and BP15
Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designat ions 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. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 situations where existing rural buildings could be used f or tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Business Policy 12
contrary to Policies BP11, BP12, BP13, BP14 and BP15
Business Policy 12: Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.
Business Policy 13
contrary to Policies BP11, BP12, BP13, BP14 and BP15
Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such u se would not compromise the amenities of neighbouring residents.
Business Policy 14
contrary to Policies BP11, BP12, BP13, BP14 and BP15
Business Policy 14: Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12.
Business Policy 15
contrary to Policies BP11, BP12, BP13, BP14 and BP15
Business Policy 15: In new Area Plans, the Department will seek to identify buildings and sites which are redundant for tourist use, and will propose new uses therefor. CHAPTER 10 SPORT, RECREATION, OPEN SPACE AND COMMUNITY FACILITIES CONTENTS 10.1 Introduction 10.2 Sport and Recreation 10.3 Open Space 10.4 General Leisure 10.5 Civic and Community Facilities 10.6 Neighbourhood Centres 10.7 Community Centres 10.8 Retention of Existing Local Shops and Public Houses 10.9 Hospitals 10.10 School Sites 10.11 Community Health Care Facilities 10.12 Police Service 10.13 Fire Service CHAPTER 10 SPORT, RECREATION, OPEN SPACE AND COMMUNITY FACILITIES 10.1 Introduction 10.1.1 The quality of life on the Island and the quality of our environment are improved by attractive open space and by facilities for recreation and other community purposes. This chapter sets out policies which combine to form a land-use planning framework for the provision, protection and enhancement of such space and facilities. 10.2 Sport and Recreation 10.2.1 The Sport and Recreation Strategy 2002-2012 - "Planning for Sport" sets out a vision for the continued development and growth of sport on the Island and the benefits that this will bring. The Island is fortunate in that over the recent years a network of sporting facilities has been provided across the Island. The Sport and Recreation Strategy envisages improving on these both in terms of sport development and, as appropriate, new facilities. 10.3 Open Space 10.3.1 The presence and use of various forms of Open Space in towns and villages on the Island form an integral par t of the fabric of community life. Open Space takes various forms and serves many purposes. It ranges from formally laid parks to the wide and extensive public footpath network including Raad Ny Foillan and Millennium Way. 10.3.2 Open Space forms part of our heritage as well as being an attractive and usable asset, and, in the wider context, provides visual and spiritual relief from the developed urban settlements on the Island. In addition, it provides recreational enjoyment in respect of various active and some less active forms of sporting activity. Open Spaces also provide a means of improving the health and fitness of the Island's population. Open Space is defined in this context as land used for recreational purposes, both formal and informal, inclu ding amenity space whether privately or publicly owned. 10.3.3 The Strategic Plan needs to facilitate sport and recreation opportunities and to ensure that areas of open space are retained, and provided to meet local needs. The Strategic Plan will facilitate this by a three pronged approach: a) protecting existing assets; b) making good deficiencies in existing provision; and c) providing adequate provision within new development. In pursuing these three objectives, it is recognised th at developers will not be expected to make good existing deficiencies in recreational facilities as a requirement of carrying out their developments. 10.3.4 To ensure that suitable provision is made for sport and recreation development across the Island it is proposed that Area Plans should incorporate an assessment of sport and recreation need and provisions. This should include, where appropriate water -based sport and recreation. Such assessments should recognise that sport and recreation facilities may benefit local communities across defined Area Plan boundaries.
Farm shop
permitted on review
Agricultural building
two farmhouses
farmhouse
allowed at appeal
amendments to farmhouse
agricultural building
barn
2nd farmhouse
Farm shop to café and alterations
Extension to barn
visitor centre, tourism uses, 3 tholtons and alterations
craft workshop and alterations
erection of hut, positioning of portacabins (retro)
changes to barn (retrospective)