23 August 2023 · Planning Committee
The Beach House, Shore Road, Ballaugh, Isle Of Man, IM7 5az
This decision was appealedAP23/0038
Appeal dismissed
This decision was appealedAP25/0015
Appeal dismissed
The proposal involves building a single detached 1.5 storey dwelling with 4 bedrooms on the site of the former single-storey 'Ballatiki' bungalow, which was demolished in 2021. The new house features a dog-legged layout, dual-pitched roof with rooflights, a small balcony, natural stone at ground floor, slate grey woodg…
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The officer recommended approval despite the site being in open countryside and an Area of High Landscape Value, as the principle of a replacement dwelling was established via prior approval in princi…
General Policy 2
Requires general development considerations including design, visual impact, residential amenity, highway safety. Officer assessed proposal compliant due to high-quality design, no amenity/highway harm post-amendments, positive streetscene assimilation.
General Policy 3
Exceptions to countryside development, including replacement dwellings. Principle accepted as pragmatic replacement despite demolition, per prior approvals and Inspector's view.
Environment Policy 1
Protects countryside unless overriding need. Proposal not harming countryside character, providing environmental improvements (solar, heat pump) over poor prior dwelling.
Environment Policy 2
Protects Areas of High Landscape Value. Design ensures no harm to landscape quality, modern but assimilating without intrusion.
Housing Policy 14
Siting, size, design of countryside replacement dwellings; allows >50% size/siting changes for environmental improvements or high-quality modern design without visual harm. Uplift justified by eco-gains, superior design vs original poor bungalow.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including all hardsurfacing, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Visibility splays
The visibility splay(s) identified on drwg. no. 03A shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
No extensions or outbuildings
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Likewise,
no objection
no objection subject to access per Drawing No. 03 Rev A; cycle storage clarified as acceptable in shed
Supports modern build improving area over unsafe old bungalow; pre-existing access safe; good materials and design; sustains family commitment to area
One statutory consultee (DOI Highways) raised conditional no objection requesting bicycle storage and EV charging; multiple public representations included objections from neighbours citing policy non-compliance, size, siting, loss of light/privacy, and design issues, alongside several supports praising modern design and community benefit.
Key concern: Incorrect application of Housing Policy 12/14 to demolished dwelling and breaches on size/siting
DOI Highways Development Control
Conditional No ObjectionHighways have no objection to the proposed access for this application.; The vehicular access and parking arrangements are acceptable to Highways. However, Highways request the addition of a secure and covered storage area for bicycles at the above rate.; Recommendation: Request additional information/revisions.
Conditions requested: The plans should include a separate, secure and covered storage area for bicycles at a rate of one space per bedroom; The applicant should consider the provision of an electric vehicle charging point
Dickinson Cruickshank Ramsey Advocates & Notaries (on behalf of Sunsets)
ObjectionThere is therefore no existing building on the site to replace. Therefore, consideration of Housing Policy 12 in respect of this application is incorrect.; This equates to an 86% increase of the floor area.; The proposed location of the new dwelling is situated on the North-West boundary of the plot and borders the property "Sunsets".; For the reasons set out above, Redacted wish to object and raise considerable concerns to the proposed application.
Reflections
ObjectionAs a resident living on Shore Road since 2007, I am writing to object to the proposed development for several reasons; first and foremost, the planned development is out of character with the existing properties.; Therefore, a bungalow built from traditional materials would most certainly be more sympathetic to the location and would be in keeping with existing properties.
The Planning Authority approved application 23/00739/B for a modern one-and-a-half storey dwelling replacing a demolished bungalow in an Area of High Landscape Value. Neighbours (Mr N and Mrs S Lewis of Sunsets) appealed on grounds that no existing dwelling remained for replacement under HP12/HP14, significant size/siting differences, adverse residential amenity impacts (overlooking, loss of light), and design not in keeping with no environmental improvement. Inspector agreed HP12/HP14 not strictly applicable due to demolition but pragmatically treated as replacement given 60-year history and recent demolition; found design changes resolved prior amenity concerns, no unacceptable overlooking/overshadowing, modern design acceptable in mixed street scene with environmental benefits from solar optimisation and efficiency justifying policy exceptions. Highways and other matters acceptable. Appeal dismissed on 21 December 2023; Minister upheld approval on 16 January 2024 subject to conditions.
Precedent Value
Demonstrates Inspectors will pragmatically apply replacement policies to recently demolished rural dwellings with long history; environmental benefits (e.g. quantified solar gains) can justify scale/siting deviations; precise amendments resolving prior refusals are persuasive.
Inspector: B J Sims
