2 December 2025
Land Of Former Ballatiki Shore Road Ballaugh Isle Of Man IM7 5az
Appeal against the approval changes to wall and roof materials, change to site layout, addition of dormer, removal of one vehicular access (amendment to 23/00739/B) (retrospective)
Changes to wall and roof materials, change to site layout, addition of dormer, removal of one vehicular access (amendment to 23/00739/B) (retrospective)
Information in relation to condition 2 for PA 23/00739/B - Schedule of materials for land at demolished Ballatiki, Ballaugh.
Appeal against the approval for erection of dwelling to replace former dwelling "Ballatiki"
Erection of dwelling to replace former dwelling "Ballatiki"
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DEFA Planning approved retrospective amendments to a previously permitted replacement dwelling (PA23/00739/B), including addition of a dormer, changes to wall/roof materials, site rotation, and access alterations. Neighbours (appellants) appealed, arguing unacceptable overlooking/privacy harm, incorrect policy application for 'replacement' dwelling on demolished site, and non-compliance with Housing Policy 14 on scale/design/materials. The inspector found the principle established via extant permission, no material privacy harm due to oblique sightlines and site visit evidence despite near-20m separation, and acceptable design/materials enhancing character. The appeal was dismissed, upholding approval with conditions on visibility splays and no further development.
Precedent Value
Establishes that extant permissions create strong fallbacks, limiting third party appeals to amendments; site visits of as-built schemes can overturn prior drawing-based refusals if privacy angles/oblique views confirmed; contemporary materials ok in countryside/coastal if matching locality.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
