29 July 2011 · Director of Planning and Building Control / Development Control Manager - delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005
Upper Kirkill, Sloc Road, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The site at Upper Kirkill, Ballakillowey Road, Colby comprises ~20 acres of mostly agricultural land with a small 0.6-acre residential curtilage containing a traditional extended cottage (247 sqm floor area, 7.9m height).
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The officer assessed the proposal against Housing Policy 14, which requires replacement dwellings not to be substantially different in siting/size unless resulting in environmental improvement, genera…
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size (floor area ≤50% greater, on existing footprint) unless environmental improvement; design generally traditional (per Circular 3/91 Policies 2-7) or exceptionally high-quality modern without adverse impact, reusing stone/slate and matching materials. Officer tested size (1081 sqm = 337% increase), modern design's visual harm in uplands, and lack of environmental gain vs permitted scheme; no exception met as it would be obtrusive 'landmark' in open landscape.
Do not oppose
Manx National Heritage, Rushen Parish Commissioners, and Community Planning Service object to the application due to excessive size, inappropriate modern design, and visual impact in a high landscape value area; Highways Division has no objection.
Key concern: excessive floor area increase of 467% contrary to Housing Policy 14
Manx National Heritage
Objectionthe degree of increase proposed is of the order of 467% and must therefore be deemed to be wholly contrary to the Policy; we consider that this development does not meet the relevant criteria laid down in the Policies of the Strategic Plan; If the site is to be developed, we would prefer to see modest extension or replacement of the existing building
Rushen Parish Commissioners
ObjectionRushen Commissioners most strongly recommend that this application be Refused; The modern design and the size and height could not be regarded as in keeping or sympathetic to this area of open countryside
Community Planning Service
ObjectionC.P.S. does not accept that the whole of the defined site is "residential" as declared on the application form; This is also a considerable increase in size, which will be highly conspicuous in the countryside
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
The original applications (11/00839/B and 11/00840/B) for erection of replacement dwellings were refused as substantially larger than the existing cottage and harmful to the open countryside character in the AHLVSS. Appellants argued the traditional design (Appeal A) fits local character and the modern design (Appeal B) represents innovative architecture suitable for high net worth individuals. The inspector found both proposals exceed Policy HP14's 50% size limit (263% for A, more for B), fail exception criteria for environmental improvement or high-quality design responsive to context, and would be visually obtrusive. Both appeals were recommended for dismissal at the public inquiry, and the Minister concurred, confirming the refusals.
Precedent Value
Strict enforcement of HP14 size limits (50% guideline) in AHLVSS requires clear evidence of environmental improvement or context-responsive high-quality design; precedents from different contexts (e.g. urban Douglas Head) do not transfer to rural hillsides; future applicants must prioritise modest scaling and site-specific adaptation over aspirational grandeur.
Inspector: Anthony J Wharton BArch RIBA RIAS
