11 July 2023 · Delegated - Principal Planner Jason Singleton
Upper Kirkill, Sloc Road, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The proposal involved replacing an existing 247m² traditional cottage, extended with a two-storey annex and single-storey garage, with a modern 489m² dwelling featuring a continuous ground floor, split first floor elements connected by balconies and an external staircase, dark grey fibre cement walls, standing seam met…
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The officer determined that the principle of a replacement dwelling fails because the existing cottage has not been abandoned and remains structurally capable of renovation and re-instatement as habit…
Housing Policy 12
Replacement permitted unless dwelling abandoned or of architectural/historic interest capable of renovation. Existing cottage structurally sound, capable of re-instatement despite past issues, so not abandoned.
Housing Policy 13
Applies to abandoned dwellings with intact fabric for reinstatement. Not applicable as dwelling not abandoned; policy advice relevant but principle fails.
Housing Policy 14
Replacement must match siting/size (floor area ≤50% increase) unless environmental improvement; innovative designs allowed if high quality/no adverse impact. Siting met but 98% floor increase (489m² vs 247m², including functional balconies/staircase) exceeds limit; no improvement justified.
Spatial Policy 5
New development must positively contribute to environment. Contemporary form alien to cultural landscape, prominent in open uplands, no positive contribution.
General Policy 2
Requires respect for site/surroundings in scale/form/design; no adverse character impact. Proposal's modern elements out of keeping in exposed landscape.
Environment Policy 1
Protects countryside unless overriding national need/no alternative. Adverse visual impact in AHLV Southern Uplands with no justification.
No significant negative impact upon highway safety, network functionality and /or parking and does not oppose it. Advised installation of secure and enclosed cycle parking storage.
The Board had no objection to the proposed design provided that it complied with the necessary planning law and guidance.
Arbory and Rushen Parish Commissioners had no objection provided the proposal complies with planning law and guidance; DOI Highways Division had no objection and advised cycle parking; Isle of Man Natural History and Antiquarian Society objected due to loss of a prominent dwelling contrary to policy.
Key concern: loss of one of the most prominent dwellings in this landscape
Arbory and Rushen Parish Commissioners
No ObjectionThe Board had no objection to the proposed design provided that it complied with the necessary planning law and guidance.
Conditions requested: provided that it complied with the necessary planning law and guidance
Isle of Man Natural History and Antiquarian Society
Objectionthe application proposes the loss of one of the most prominent dwellings in this landscape.; While the Society is aware that the existing dwelling is not totally traditional in form, its presence is part of the cultural landscape that the Landscape Assessment and the Island’s Biodiversity status seek to preserve.; The new building in its form and materials is totally contrary to Strategic Plan Housing Policy.
DOI Highways Division
No ObjectionHighway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking and does not oppose it.; The Applicant is advised to install secure and enclosed cycle parking storage to aid Active Travel objectives.
Conditions requested: The Applicant is advised to install secure and enclosed cycle parking storage to aid Active Travel objectives.
Highway Services HDC
No ObjectionAs Highway Services HDC did not oppose nor there is any highway refusal to the application
The original application for erection of a replacement dwelling was refused by DEFA officer delegation on 11 July 2023 for three reasons: dwelling not abandoned and capable of reinstatement (contrary to GP3d, HP4c, HP12, HP13); floor area exceeds 50% limit under HP14 when including balconies/staircase (98% increase); contemporary design out of character with open upland landscape (contrary to SP5, GP2 b/c, EP1). Appellant argued existing dwelling lacks architectural/historic interest, floor area increase is 45% excluding balconies, modern dark materials reduce visual impact versus existing white elements, and cited precedents. Inspector found dwelling complies with HP12 (not abandoned, no architectural merit), HP14 flexibly applied (environmental improvement via modern efficiency and lesser landscape impact), and no harm to character/appearance of countryside (EP1/EP2). Minister accepted Inspector's recommendation on 3 November 2023, allowing appeal subject to conditions.
Precedent Value
Sets precedent for HP14 flexibility where modern replacement demonstrably improves environmental impact (visual/energy) over poor existing dwelling, even exceeding 50% size. Future applicants should provide detailed comparisons to existing (3D impact, materials), structural context, energy gains, and precedents; structural reports may strengthen but not essential if no abandonment/interest.
Inspector: Richard Perrins
