11 October 2007 · Delegated - Director of Planning and Building Control
Part Of Field 2368, Croit E Caley, Colby, Isle Of Man, IM9 4aw
The application sought retrospective approval for minor changes to a previously approved two-storey dwelling with integral garage (PA 02/01097/B) currently under construction in a rural hamlet designated for a single traditional Manx farmhouse.
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The officer considered the revisions minor amendments to an approved scheme already under construction, focusing only on porch alterations and door/window changes as the 225mm ridge height increase wa…
Development Brief 19, Arbory and East Rushen Local Plan
Requires single dwelling resembling traditional Manx farmhouse per Planning Circular 3/91 policies 2-7, with landscaping to soften impact from neighbours/railway, and acceptable access/drainage. Officer confirmed revisions minor, not altering approved compliance with brief's scale/form requirements given established permission.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design/landscaping, and not adversely affect neighbour amenity or locality character. Minor changes post-approved scheme with privacy amendments did not harm amenity or character.
Planning Circular 3/91 Policy 2 - Design Principles for Rural Dwellings
Siting to respect landscape/amenities. Revisions retained approved siting north of railway.
Planning Circular 3/91 "Guide to the Design of Residential Development in the Countryside" Policy 3
Simple rectangular farmhouse form ~11x5.5m. Approved larger dwelling retained proportions; minor porch/window tweaks insignificant.
Planning Circular 3/91 Policy 5 - Windows and Doors
Regular fenestration, simple doors/windows. Swapped doors/window and added non-principal bedroom window acceptable at privacy distances.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans and no northern windows
This permission relates to the alterations of the permitted dwelling as shown in drawings WL/06/990/2A and the site and location plans received on 18th July, 2007 and WL/07/1039/1C received on 30th August, 2007. No approval is hereby granted to the installation of new windows in the first floor of the northern elevation which would allow intervisibility between the new house and those to the north and would as such be unneighbourly in respect of both the existing and proposed dwellings.
No objections
Do not oppose
Multiple local residents and the Society for the Preservation of the Manx Countryside & Environment raised strong objections to application 07/01350/B for revisions to an approved dwelling, citing overdevelopment, non-compliance with traditional Manx farmhouse design criteria, and adverse visual impact; Rushen Parish Commissioners had no objections.
Key concern: non-compliance with Planning Circular 3/91 traditional Manx farmhouse design criteria and Development Brief 19, resulting in overdevelopment and adverse visual impact
Rushen Parish Commissioners
No ObjectionNo objections.
Society for the Preservation of the Manx Countryside & Environment
ObjectionI have a feeling that this is the new dwelling which the correspondent in last week’s Examiner, was referring to when he wrote a heartfelt letter bemoaning the loss of amenity to his cottage following upon a permission for a new small cottage in the next field. By attrition over the years and several Planning Applications later, he is to be faced by what has now become a mansion!
The original application (07/01350/B) for revisions to the approved dwelling (02/01097/B), including alterations to the front porch and door/window arrangements, was granted permission under delegated authority on 11 October 2007. Third party objectors appealed, arguing the revisions (including a 225mm ridge height increase) exacerbated the already oversized house contrary to design policies. The appellant (Hartford Homes) supported the officer's recommendation, emphasising the minor nature of changes and compliance with policies. The inspector conducted a written representations appeal with site visit, finding the changes de minimis with no significant visual or amenity impact beyond the lawful approved scheme, and recommended dismissal. The appeal was dismissed, upholding the permission subject to conditions.
Precedent Value
Demonstrates tolerance for de minimis deviations (e.g. 225mm/2.7% height increase) from approved schemes if no material policy conflict; third party appeals cannot re-open unchallenged permissions; focus arguments on proposal-specific impacts, not original approval.
Inspector: Andrew D Kirby