29 July 2011 · Development Control Manager under delegated authority per Article 3(13) of Town and Country (Development Procedure) Order 2005
Upper Kirkill, Sloc Road, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The site is a 20-acre area of mostly agricultural open space with a small 0.6-acre residential curtilage containing a traditional extended Manx cottage (247 sqm floor area, 7.9m ridge height) located 400m from the A36 Sloc Road in a rural upland setting within High Landscape Value and Scenic Significance.
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The officer concluded the proposed dwelling is 'out of proportion with the existing property' at over three and a half times larger (263% increase) and a third taller, giving 'the air of a more grand …
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size unless environmental improvement; generally on existing footprint, max 50% floor area increase; traditional design per Planning Circular 3/91 or high-quality innovative; larger ok if replacing poor form with traditional or less visual impact. Officer tested proposal's 263% increase, three storeys, expanded footprint/massing against limits; found no environmental gain, grander character harmful in uplands, exceeding policy thresholds without justification.
Do not oppose
The original applications for erection of replacement dwellings were refused as they were substantially larger than the existing cottage (263% increase for A, more for B) and contrary to Housing Policy 14. Appellants argued the designs related well to the locality (A traditional style) or represented innovative modern architecture (B inspired by Falling Water), with minimal visual impact due to distance and sheltering. The inspector found neither scheme met Policy 14 exceptions for environmental improvement, noting both were obtrusive in scale, massing and context within the open countryside AHLVSS despite prior approval for a 70% increase. Rushen Commissioners objected to size, design and prominence. Both appeals were dismissed on 19 December 2011, confirming the refusals.
Precedent Value
Demonstrates strict application of HP14 exceptions requiring proven environmental improvement or context-responsive design; future applicants must limit increases near 50%, justify benefits explicitly, and tailor designs to sensitive landscapes rather than importing styles from dissimilar sites.
Inspector: Anthony J Wharton BArch RIBA RIAS
