13 May 2014 · Planning Committee
Ballaveare, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1bb
The site at Ballaveare, Old Castletown Road, Port Soderick, is 0.66 ha and contains an existing dwelling described as an unfortunate mix of traditional and modern elements, including flat-roofed additions, screened by mature trees and topography.
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The critical issue was compliance with Housing Policy 14 (HP14), which presumes against substantial changes in siting or size for replacements unless resulting in environmental improvement, generally …
General Policy 3
Presumes against development in Open Space and High Landscape Value areas. Assessed as complied with via HP14 replacement provisions resulting in environmental improvement through better design replacing poor form.
Environment Policy 1
Presumes against development in High Landscape Value and Scenic Significance areas per Braddan Local Plan 1991. Overridden by HP14 allowance for replacement dwellings improving character.
Environment Policy 2
Presumes against development in High Landscape Value and Scenic Significance areas per Braddan Local Plan 1991. Overridden by HP14 allowance for replacement dwellings improving character.
Housing Policy 14
Requires replacements not substantially different in siting/size unless environmental improvement; generally footprint overlap and <50% larger; design per Planning Circular 3/91; exceptions for poor form replacements with traditional character or less visual impact. Proposal tested on size (62% larger), siting (footprint overlap, further from highway), design (cohesive traditional per Circular 3/91); exception applied as existing is poor form, new design justifies increase despite no major visual impact reduction.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. REASON: to ensure that the planting shown in the approved details is introduced and maintained to minimise the visual impact of the proposed development.
do not oppose the application
do not object to the application
Manx Utilities requests contact for electricity supply discussions; Braddan Parish Commissioners and Highways Division have no objection to the application.
Manx Utilities
Conditional No ObjectionSee Note 2; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application
Braddan Parish Commissioners
No ObjectionThe Commissioners unanimously resolved that they had no objection to the following applications:; PA14 00381 B - Hartford Homes Ltd - Erection of a replacement dwelling with detached garage and creation of improved vehicular access - Ballaveare Old Castletown Road Port Soderick
Highways Division
No ObjectionDo not oppose
The original application (linked to 14/00381/B context) for a replacement dwelling was refused under delegated powers on 31 January 2012 solely for failing Housing Policy 14 by exceeding 50% floor area increase without replacing a poor form dwelling with one of more traditional character or achieving less visual impact. Appellants argued compliance with IOMSP policies including HP14, citing Georgian tradition, precedents like Ballacomish, and reduced visual impact via design and siting. The inspector agreed the existing dwelling is of poor form but found the proposed Georgian mansion not 'more traditional' in the Manx context of Port Soderick, appearing incongruous and cramped on the narrow site; additionally, its greater size, bulk, height, and width result in more visual impact despite setbacks and landscaping. No other policy disputes or amenity/highway issues. Inspector recommended dismissal.
Precedent Value
Demonstrates strict 'Manx context' interpretation of HP14 'more traditional character' strand requires local vernacular fit, not just any historical style; visual impact assessment must prioritise measurable size/height increases over design improvements or landscaping, even on large sites.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
