3 July 2008 · Senior Planning Officer (Mrs F Mullen)
Ballacallin Cottages, Postal Locality, Gordon, Peel, Isle Of Man, IM5 3ar
The proposal involved demolishing a run-down existing cottage (footprint approx 52.25 sq.m, floor area 156.75 sq.m) and replacing it with a new two-storey dwelling (footprint 112 sq.m, floor area 226.5 sq.m) sited further into the sloping field away from the A27 highway and adjacent property at 1 Ballacallin Cottages.
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The principle of demolition and replacement with resiting further from the road was established in prior approval 07/01542/B, accepted as it would improve privacy/amenity for the adjacent dwelling at …
Housing Policy 14
Requires replacement dwellings not substantially different from existing in siting/size unless improving environment overall; floor area <=50% greater; generally on existing footprint; traditional design per Planning Circular 3/91; may allow larger if more traditional/less visual impact. Officer found floor area compliant (44.5% increase) but frontage/footprint increases created unacceptable visual impact failing policy intent, despite resiting benefits. Tension between numerical compliance and qualitative visual assessment in sensitive landscape.
Environment Policy 2
In Areas of High Landscape or Coastal Value, landscape character protection paramount unless no harm demonstrated. Site in AHLV; proposal's greater scale/elongated form harmed rural character despite lower siting.
General Policy 3
Presumption against countryside development but exception for dwelling replacements. Principle accepted via prior approval but detailed scheme failed on scale impacting countryside restraint.
no objection; note that mains wired smoke detection required per Building Regulations
Patrick Parish Commissioners objected due to inadequate plans lacking scale and dimensions; Highways Division objected over insufficient access visibility details; Fire Service recommended smoke detection installation.
Key concern: insufficient access visibility details including vertical visibility over boundary walls and required splay
Patrick Parish Commissioners
ObjectionThe Commissioners feel that the Applicant should be required to submit full and better plans and particulars for proper consideration.; all of the comments given in their letter of January 15th 2008 in respect of the original Application continue to apply.
Conditions requested: conditions attached to the Approval in Principle should be imposed
Department of Transport
ObjectionThis detail must be shown, as the land slopes away from the proposed access.
Isle of Man Fire & Rescue Service
Conditional No ObjectionThe 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 07/02344/B for demolition of an existing dwelling and erection of a replacement was refused, though prior approval in principle (07/01542) was granted with conditions limiting size and frontage which the appellant rejected. The appellant argued the proposal complied with Housing Policy 14 floor area limits, used traditional design, was set lower for reduced impact, and that rigid dimensional rules stifled design variety. The council defended refusal citing 114% footprint increase and wider frontage creating incongruous visual impact in countryside despite 44% floor area increase. The inspector found the five-bay wide proposal would appear substantially larger than the existing three-bay modest cottage, failing policy objectives on visual impact despite technical floor area compliance, and dismissed the appeal. Highways visibility concerns were resolved by revised plans.
Precedent Value
Replacement dwellings must closely match original in visible scale and character, not just floor area; councils can impose frontage limits via conditions, and exceeding them risks dismissal even if area-compliant. Future applicants should submit detailed schemes aligning with traditional rural forms or seek policy-compliant variations early.
Inspector: Neil A C Holt
