5 June 2007 · Minister for Local Government and the Environment
Old Vicarage, Lonan Church Road, Laxey, Isle Of Man, IM4 7jx
The proposal involved extending an existing converted stone outbuilding used as guest accommodation at The Old Vicarage by approximately 5m x 5.5m to provide additional habitable rooms (two bedrooms, bathroom, living room, kitchen, study), allowing the applicants (Mr & Mrs D Brownlow) to occupy it while their son and d…
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The Planning Committee refused as the extension was a 'subsequent extension' beyond essential facilities permitted by Planning Circular 3/89 para 4 for converted rural buildings, and the extent/nature…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Restricts residential development to designated areas; extensions to existing properties acceptable if sympathetic to building and surroundings. Officer viewed proposal as new dwelling contrary to presumption against countryside housing; inspector found ancillary use acceptable with no countryside harm.
Planning Circular 3/89 Renovation of Buildings in the Countryside
Para 4 permits modest extensions only for essential facilities impracticable in existing building, matching design/materials; no subsequent extensions. Officer applied to refuse as subsequent non-essential extension to prior converted barn; inspector ruled inapplicable as building already converted to residential ancillary use, not redundant.
Planning Circular 1/88 Residential Housing in the Country
General presumption against new residential in countryside. Officer deemed proposal tantamount to new dwelling; inspector disagreed, finding ancillary family use with conditions prevents separate unit.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing nos. SC793/P/10-02, SC793/P33, SC793/P/40, SC793/P/41 and SC793/P/42 date-stamped 2 March 2007.
Materials matching
The external finishes of the extension permitted by this approval must match those of the existing building.
Ancillary use only
The accommodation created by this approval shall not be used for any purpose other than as accommodation ancillary to The Old Vicarage.
No curtilage subdivision
At no time shall the curtilage of The Old Vicarage be subdivided in any way so as to provide a separate curtilage associated with the accommodation hereby approved.
Recommend approval but believe property has been so much extended that substantial additions would be inappropriate in its relatively isolated position
Do not oppose subject to conditions on two off-street parking spaces and visibility splays of 2m x 23m
Recommend installation of mains wired interconnected domestic smoke detectors
Highways Division offers conditional no objection requiring parking and visibility splays; Lonan Parish Commissioners recommend approval with concerns about substantial additions; SPMCE objects based on prior principles; Fire Service recommends smoke detection.
Key concern: plans do not alter principles from previous refusal 06/2229
Society for the Preservation of the Manx Countryside & Environment
ObjectionWe don’t see that these plans in any way alter the principles at stake as set out in our views and in the Planning Committee’s decision on 06/2229.; For the moment we must continue to OBJECT.
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Two off street parking spaces shall be provided within the curtilage of the guest accommodation.; Visibility splays of 2 metres by 23 metres shall be provided for the existing access on to Lonan Church Road to facilitate safe access and egress.
Lonan Parish Commissioners
Supportthe board recommends approval of the above Planning Application, however they believe that this property has been so much extended that substantial additions would be inappropriate in its relatively isolated position.
Isle of Man Fire and Rescue Service
No CommentThe 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
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, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
The original application PA 07/00402/B for erection of an extension to guest accommodation at The Old Vicarage was refused by the Planning Committee, primarily for non-compliance with Circular 3/89 on renovation of buildings in the countryside and excessive scale. Appellants argued the reduced scale addressed prior refusal concerns, the extension maintained ancillary use to the main house, Circular 3/89 was inapplicable as the building was already converted, and cited a similar approved precedent. The council defended the refusal claiming conflict with countryside policies including Strategic Plan Housing Policy 11, Circular 3/89, Circular 1/88, and General Policy 3, viewing it as tantamount to a new dwelling. The inspector found no harmful visual impact on the countryside, the use would remain ancillary like a 'granny annex' enforceable by condition, and policies on redundant building conversions were irrelevant post prior approval. The appeal was recommended allowed subject to conditions ensuring ancillary occupation and no curtilage subdivision.
Precedent Value
This appeal shows inspectors prioritise countryside protection but allow contained extensions to existing ancillary residential buildings if ancillary use is evidenced and conditioned, distinguishing from new or redundant conversions. Future applicants should provide detailed family use evidence and accept robust occupancy conditions.
Inspector: Andrew D Kirby
