23 August 2007 · Planning Committee
Field 524189, Cooil Road, Douglas, Isle Of Man, IM4 2aq
The proposal involved demolishing Clybane Farmhouse, described as an attractive period Victorian dwelling with Georgian influence, and building a three-storey replacement house with pitched roof, dormers, sliding sash windows, Manx stone garage, and ancillary accommodation, sited 125m southwest on agricultural fields.
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The Planning Committee and appeal inspector found the principle of replacement acceptable under Housing Policy 12/14 as the existing dwelling was neither abandoned nor of registerable historic interes…
General Policy 3
Permits replacement of existing rural dwellings outside zoned areas (Housing Policies 12-14). Principle accepted as site in countryside/High Landscape Value/Open Space (Agriculture); no issue raised.
Housing Policy 12
Permits countryside dwelling replacement unless abandoned or architecturally/historically interesting and renovable. Existing not abandoned (recent works), not registerable; principle accepted.
Housing Policy 14
Requires replacement not substantially different in siting/size unless environmental improvement; generally on footprint, floor area ≤50% greater (external, excl. attics/outbuildings), design per Circular 3/91 Policies 2-7. Failed: 125m relocation no overall improvement (harmed undeveloped countryside); ~55-70% size increase; pseudo-traditional design eclectic/not vernacular, more visual impact; existing not 'poor form'.
Do not oppose
Smoke Detection
Braddan Parish Commissioners objected due to unzoned land and impact on farming; DAFF recommended bat and frog surveys; utilities (IoMWA, MEA) requested contact for services and raised gas pipeline concerns; individual objections cited zoning, heritage, and traffic issues.
Key concern: proposed replacement dwelling would be situated on an area of land that is not currently zoned for residential development
Braddan Parish Commissioners
ObjectionThe Commissioners resolved to object to the above planning application as the proposed replacement dwelling would be situated on an area of land that is not currently zoned for residential development.; The Commissioners further resolved to advise the Planning Committee that the proposed plans indicated that there was no reason to demolish the existing farmhouse
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 connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Manx Electricity Authority
No CommentInvestigating - please put on hold
Conditions requested: applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines
Manx Electricity Authority Gas
No CommentA new drive will be constructed across our pipeline route – excavations must be controlled to the satisfaction of the MEA and this will most likely require the installation of additional protection for our pipeline in the form of buried concrete slabs.
Conditions requested: excavations must be controlled to the satisfaction of the MEA and this will most likely require the installation of additional protection for our pipeline in the form of buried concrete slabs; establish close liaison with ourselves at the earliest opportunity
DAFF Wildlife and Conservation Division
Conditional No ObjectionThe old house should be checked for bat use before demolition.; A survey for frogs is necessary as this field provides good frog habitat
Conditions requested: bat survey before demolition - If bats are present then a plan should be agreed to provide for them; survey for frogs is necessary; replacement pond could be designed with better wildlife potential than the current pond, by providing shallow edges and a range of emergent plants
Planning permission PA 07/00870/B for demolition of the existing dwelling at Clybane Farm and erection of a larger replacement dwelling ~120m away on field 524189 was refused by the Planning Committee primarily for breaching Housing Policy 14 regarding size and siting, and for unacceptable design. The appellant argued the replacement complied with policy limits on size (within 50% increase), improved siting by separating residential from agricultural uses and providing safer access, and respected vernacular design per Planning Circular 3/91. The Council defended the refusal, asserting no environmental improvement justified the relocation, size exceeded limits based on external measurements, and design was eclectic pseudo-traditional. The inspector, after site visit, accepted size was likely compliant but found 120m relocation unjustified (no overall environmental improvement), harmful to countryside character by introducing isolated domestic development, and design an overblown mix contrary to Circular 3/91 guidance. The appeal was recommended for dismissal on 19 October 2007.
Precedent Value
Replacement dwellings must strictly adhere to footprint unless proven overall countryside benefit; provide agreed external floor areas and orthodox vernacular designs without eclectic additions. Demonstrates inspectors will independently verify measurements and prioritise undeveloped countryside protection.
Inspector: Andrew D Kirby RD* MA MSc FRTPI