30 October 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Part Of Field 434311, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3es
The proposal was for approval in principle to erect a dwelling (footprint 5.5m x 11.5m with attached garage) on the site of former buildings shown as ruins, justified as re-establishing a previous settlement evidenced by 1927 conveyance.
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The officer assessed the site as ruins ('little more than ruins: there is the remains of one wall and simply stones where the remaining walls may have been'), concluding it does not comply with Planni…
Planning Circular 1/88 Residential Housing in the Country
Discourages residential development in countryside unless required for viable agricultural holding (para 6). No agricultural need established here, so normal restrictions apply.
Planning Circular 3/88 - New Agricultural Dwellings
Restricts housing in countryside to agricultural needs (para 1); discourages development on abandoned sites. Site fails as ruins with lost residential status.
Planning Circular 3/89 Renovation of Buildings in the Countryside
Requires buildings to be substantially intact and structurally capable of renovation; explicitly states policy 'does not sanction... new dwellings by the rebuilding of ruins' (para 8). Ruins here (one wall remnant, scattered stones) do not qualify.
Appreciates applicant's wish to provide home for son; would support if 'sustainable' eco dwelling
No objection subject to off-street parking (3 spaces) and visibility splays
Contact MEA Planning Department to discuss electricity supply
Contact IOMWA for single dwelling water connection (Note 2)
Manx Electricity Authority and IoM Water Authority raised no objections but requested contact for utility connections; Highways indicated no opposition subject to parking conditions; Malew Parish Commissioners and SPMC&E objected citing countryside location and non-compliance with planning circular 3/89.
Key concern: proposal constitutes a new dwelling in the countryside outside planning circular 3/89
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
IoM Water Authority
Conditional No ObjectionSee Note (2)
Conditions requested: the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Highway Services Division
Conditional No ObjectionDo Not Oppose Subject to the imposition of the following conditions; The dwelling must provide a minimum of three off street parking spaces.
Conditions requested: The dwelling must provide a minimum of three off street parking spaces.
Malew Parish Commissioners
ObjectionThe Commissioners wish to notify you that they object to this planning application, as it appears to be outside the rules of planning circular 3/89, and they feel it would be a new dwelling in the countryside.
Society for the Preservation of the Manx Countryside and Environment
ObjectionThe ‘former settlement’ is a total ruin and there is nothing to indicate that it even was a dwelling. (The 1860 OS Sheet might give a clue?); However rebuilding is clearly outside the tenets of Cir 3/89 and the Society STRONGLY OBJECTS to what will amount to a new house in the countryside.
The original application (06/01534/A) for approval in principle to erect a dwelling on part of Field 434311 at Rheast, Ballamodha, Malew, was refused by the Planning Authority for being contrary to Planning Circulars 1/88, 3/88, and 3/89 in unzoned countryside. The appellant argued the site's history as a former settlement, family housing need for his son, visual seclusion, traditional design, and changed housing market conditions since policies were set. The Planning Committee and Malew Parish Commissioners defended the refusal emphasizing strict countryside policies against new dwellings absent agricultural need and risks of precedent from rebuilding ruins. The inspector acknowledged the site's suitability for sympathetic development but concluded it breached policy on rebuilding abandoned structures, with no exceptional circumstances, recommending dismissal. The Minister agreed, confirming the refusal on 16 April 2007.
Precedent Value
This appeal reinforces strict application of 1980s countryside policies, particularly Circular 3/89 para 8 prohibiting new dwellings on abandoned ruins regardless of seclusion or design. Future applicants must demonstrate agricultural need or exceptional circumstances; site history alone insufficient without substantial remaining structure.
