25 July 2005 · Planning Committee (review decision)
Harleys, Killane, Ballaugh, Isle Of Man, IM7 5bb
The site is in an Area of High Landscape or Coastal Value and Scenic Significance along the A10 coast road, featuring an existing small farm worker's cottage built over 40 years ago, surrounded by unkempt grass, shrubs, a chicken run, and shed, with a plant nursery opposite.
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The Planning Committee and appeal inspector determined the proposal unacceptable due to its disproportionate scale, siting, and curtilage extension in a designated Area of High Landscape or Coastal Va…
Planning Circular 1/88 Residential Housing in the Country
Discourages residential development in countryside, recognising its fragility; allows sympathetic replacement of existing dwellings but examines with particular care significant size increases that create detrimental visual impact or loss of character. Officer/inspector assessed proposal as significant increase (194% footprint) with relocated siting and curtilage extension harming open character.
Housing Policy 14
Replacement dwellings generally on original footprint with ≤150% external floor area unless changes improve environment; design per Circular 3/91. Proposal exceeded limits (194% footprint, nearly 200% floorspace), full two-storey mass more obtrusive than existing, siting further from road increased prominence without environmental gain.
Environment Policy 3
Prohibits development harming character/quality of designated landscapes unless essential. Site in High Landscape/Coastal Value area; proposal's scale, mass, accesses, and curtilage encroachment would detract from openness and scenic significance.
no objections provided that the proposed dwelling will be built in keeping with similar dwellings in the surrounding area
no objection; recommends smoke detectors
Highways Division objects due to inadequate visibility splays for road safety; Ballaugh Parish Commissioners have no objection if built in keeping with surroundings; Fire and Rescue Service recommends smoke detection; SPMC&E cannot form an opinion due to lack of drawings.
Key concern: Proposed entrances do not provide adequate visibility splays of 2.4 x 160 metres for 50 mph road
SPMC&E
No CommentThere are no drawings or even a photograph such that would give us any idea of the style, condition or worth of the existing dwelling and thus we cannot form an opinion as to whether the proposal represents an improvement or a loss, in terms of visual effect on the countryside.; The site plan could be read to imply that the new siting (well removed from the footprint of the present dwelling, it would seem) trespasses into agricultural land outside the present domestic curtilage?
DOT Highways Division
ObjectionThe proposed entrances do not provide adequate visibility to serve the needs of the development. Visibility splays of 2.4 x 160 metres are required to accommodate the 50 mph speed of traffic on the adopted highway.; In the interests of road safety.
Isle of Man Fire and Rescue Service
No ObjectionI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration by the Planning Committee.
Ballaugh Parish Commissioners
Conditional No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto provided that the proposed dwelling will be built in keeping with similar dwellings in the surrounding area.
Conditions requested: Proposed dwelling will be built in keeping with similar dwellings in the surrounding area
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Conditions requested: Installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
The original application (05/00939/B) for erection of a replacement dwelling, driveway and vehicular access was refused by the Planning Committee initially on 25 July 2005 and confirmed on review on 31 October 2005, primarily due to excessive scale, visual impact in an Area of High Landscape or Coastal Value and Scenic Significance, curtilage encroachment, and highway safety. The appellant argued the existing dwelling was inadequate, the proposal would not harm the area, and cited precedents. The Planning Committee defended the refusal citing policies on replacement dwellings and landscape protection. The inspector concluded the proposal involved a substantial increase in size and prominence, conflicting with policies, and recommended dismissal on 24 February 2006 following a public inquiry and site visit.
Precedent Value
Establishes strict enforcement of lawful curtilage limits and 150% floorspace rule for countryside replacements; applicants must prove curtilage extent via CLU certificate and justify any size/siting changes as environmental improvements. Highway concerns can be resolved but landscape harm decisive in sensitive designations.
