6 February 2007 · Planning Committee
Keristal, Ballanass Road, Lower Foxdale, Isle Of Man, IM4 3be
The proposal involved demolishing the existing small single-storey dwelling on a 6-acre rural site comprising fields used for grazing, outbuildings and stables (previously approved). It sought full approval for a new three-storey detached house with projecting gables, large glazing, dormer windows, copper-clad lantern …
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The officer recommended refusal, adopted by the Committee, because the proposal failed multiple tests in Planning Circular 3/91: Policy 2 (siting transverse/diagonally across contours on sloping topog…
Planning Circular 3/91 Policy 2 - Design Principles for Rural Dwellings
Requires buildings on sloping topography to be placed along contours for sympathy with landform. Proposal sited diagonally/transverse across contours and further into open field than approved scheme, making it more prominent/visible; failed this test.
Planning Circular 3/91 "Guide to the Design of Residential Development in the Countryside" Policy 3
Requires rectangular plan and simple form like traditional farmhouses. Main form adhered but projecting gables added complexity; conservatory assessed under Policy 7.
Planning Circular 3/91 Policy 4 - Walls and Roofs
Requires limited traditional materials. Materials mainly suitable but copper-clad lantern light and proportion of glazing out of character.
Planning Circular 3/91 Policy 5 - Windows and Doors
Requires traditional rural forms with small windows relative to solid walls and symmetry. Discordant mix of traditional windows/large glazing, incoherent fenestration, front dormers (rare in traditional rural IOM except rear cat-slides), floor-to-ceiling bathroom window risking privacy; major departure.
Planning Circular 3/91 Policy 6 - Chimneys, Verges and Eaves
Proposal generally met requirements; no issues raised.
Planning Circular 3/91 Policy 7 - External Features
Garage acceptable; conservatory not - uncommon in traditional rural housing, two-storey glass form disproportionate/overbearing and incompatible with vernacular (requires traditional materials or sensitively detailed timber frame).
No objection but would like to see inclusion of sustainable energy generation in the design
No representation received / no comment
No representation received (initially; later objected at appeal stage)
No objection subject to informative note on cables/lines
No objection subject to informative note on fire escape
No objection subject to informative note on water connection
Utilities consultees (IoMWA and MEA) raised no objections but requested contact for services with standard notes; Patrick Parish Commissioners strongly objected due to visibility, rural location, and unsuitable architecture; Fire Service advised consultation on fire escape; a member of the public had no objection but suggested sustainable energy.
Key concern: totally unacceptable given the location, highly visible from multiple roads and paths, architecture not suited to rural environment, position not on approved site
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For single connections to a water main (i.e. a single dwelling) the applicant should contact loMWA Customer Services, tel. 69 59 49
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: condition of planning be that the applicant must contact the Authority; contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site
Andrew Jessopp
No ObjectionI have no objection to this proposal but would again like to see inclusion of sustainable energy generation in the design.
Patrick Parish Commissioners
Objectionthis application is totally unacceptable given the location. It would be highly visible from all parts of the valley situated as it is on a hillside. The architecture is not suited to a rural environment.
Patrick Parish Commissioners
Objectionthis application is totally unacceptable given the location. The architecture is not suited to a rural environment.; Given its location the dwelling will be visible from A3 main road, Ballanass Road, Lhoobs Road, Round Table road, and the public footpaths.; The position of the proposed dwelling is not on the approved site.
Isle of Man Fire And Rescue Service
Advise the Applicant to consult with the Fire Safety department to discuss the means of escape from the bedrooms which may be inherently unsafe in the event of a fire.
Conditions requested: Advise the Applicant to consult with the Fire Safety department to discuss the means of escape from the bedrooms
The original application 06/02045/B for erection of a detached 2-storey dwelling with dormers, conservatory, garage and stables (replacing an existing poor-condition cottage and garage) was refused by the Planning Committee primarily for design reasons conflicting with policies in Circular 3/91, including siting across contours, non-traditional features like the conservatory, corner windows and lantern light. The appellant argued the design was a controlled fusion of traditional and modern elements, supported by prior positive consultations, no third-party objections, prior approvals on site, and examples of similar features elsewhere. The inspector found the proposal breached Circular 3/91 on key aspects such as the prominent conservatory, large glazed corner windows, siting across contours, and non-traditional lantern light, despite some positive traditional materials, concluding it would harm the rural area's character. The appeal was dismissed, upholding the refusal, with the garage and stables not in dispute.
Precedent Value
Demonstrates strict adherence to Circular 3/91 required in high landscape value areas; modern interpretations must closely follow traditional guidance without multiple conspicuous departures, or risk dismissal even with no objections; future applicants should secure consistent pre-application advice and provide robust policy justifications for innovations.
Inspector: David Bushby BA [Hons] MCD MRTPI
