5 September 2005 · Minister for Local Government and the Environment
Dwelling At Ballacashin Farm, Lanjaghan Road, Abbeylands, Isle Of Man, IM4 5eg
The proposal involved converting a derelict two-storey farmhouse and adding a two-storey pitched roof extension to the side to create a three-bedroom dwelling, including alterations to windows and addition of rooflights.
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The Planning Committee refused because the two-storey extension contravened conditions of prior outline approval 02/00986/A, which required reinstating 'the general form and appearance of the building…
Residential Development - Houses in the Countryside
Restricts development of dwellings where residential use lost by abandonment; prior outline approval was exception due to potential to retain external structure and improve landscape. Current proposal treated as fresh full application rather than reserved matters.
Guide to the design of residential development in the countryside
Requires sympathetic extensions with stepped-back side extensions, 30 degree roof pitches, regular fenestration, and materials matching existing like reclaimed slate. Inspector found proposal complies, providing better proportions than single-storey lean-to, with extension subordinate via setback and lower ridge.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing numbers 0505/PLO1 and 0505/PLO2 date stamped 16 May 2005.
Vehicular access
No development shall commence until drawings detailing vehicular access arrangements with visibility splays of 2.4 x 33 metres have been submitted to and agreed by the Planning Authority. Thereafter, the dwelling shall not be occupied until the vehicular access arrangements have been set out in accordance with the agreed drawings.
no adverse traffic impacts arising from the proposed development subject to the imposition of a condition
no specific comment on the merits but recommended the installation of smoke detectors
Onchan Commissioners strongly objected to the proposed two-storey extension as non-compliant with prior approval in principle conditions and unsympathetic to the building's character; DOT Highways had no objection subject to visibility splay conditions; Fire Service recommended smoke detection without objection.
Key concern: proposed two-storey extension non-compliant with single-storey lean-to condition of prior approval in principle 02/0986/A
SPMC&E
SupportHas undoubtedly lost its ‘Residential Status’ but seems well worth restoration rather than leaving to further decay.; The Society would support its sympathetic restoration.
Conditions requested: limit to ‘restoration’; not be allowed to become anything other than a ‘small dwelling’
Onchan Commissioners
ObjectionThe renovated building must reinstate the general form and appearance of the building as it presently exists together with a single storey lean to annex onto the side elevation.; They would respectfully request that appeal be dismissed and the application REFUSED.; The Commissioners would ask the Committee to continue its objections and REFUSE the application as it stands.; The Commissioners would recommend that the application be REFUSED
DOT Highways Division
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s); In the interests of road safety.
Conditions requested: Visibility splays of metres are required to serve the development. Road side mirrors may be used to facilitate visibility at this location.
Isle of Man Fire and Rescue Service
No Objectionin accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Conditions requested: The 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
The original application 05/00998/B for conversion and two-storey pitched roof extension of a derelict dwelling was refused by the Planning Committee on 2 September 2005 (initial) and confirmed on review on 28 October 2005 for being contrary to conditions of prior outline approval 02/00986/A (requiring single-storey lean-to annex reinstatement) and for unacceptable design harming the building's character. The appellant argued the proposed extension better complied with Planning Circular 3/91, provided necessary family accommodation, was structurally and aesthetically superior to the lean-to due to roof pitch and wind issues, and matched Manx vernacular with subordinate design features. The Planning Committee and Onchan Commissioners defended refusal citing material weight of prior approval conditions and disproportionate extension. The inspector concluded the proposal should be assessed on merits against Circular 3/91 as a fresh full application, found reconstructing the lean-to impractical and substandard, accepted the extension as a satisfactory compromise maintaining traditional rural character despite imbalance, and recommended approval subject to conditions.
Precedent Value
This appeal shows inspectors may prioritise current policy/design merits over strict prior outline conditions for full applications, especially where fall-back option is substandard. Applicants should provide structural/aesthetic evidence why outline-compliant schemes are unviable and propose policy-compliant alternatives.
Inspector: Terrence Kemmann-Lane
