9 November 2011 · Development Control Manager (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Balleigh Cottage, Jurby Road, Lezayre, Ramsey, Isle Of Man, IM7 2ea
The site at Balleigh Cottage lies at the end of a 100m driveway off Jurby Road, generally screened from public view by distance, topography, and vegetation, near Westhill Village. The existing single-storey cottage with flat-roofed annexes has a floor area of around 118 sqm and height around 4m, extended over time from…
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The officer assessed the proposal against Housing Policy 14, which requires replacement dwellings not to be substantially different in siting and size unless resulting in environmental improvement, ge…
Housing Policy 14
Requires replacement dwellings on white land not substantially different in siting/size unless environmental improvement; floor area no more than 50% greater (external measure, excluding outbuildings); design per Policies 2-7 of Planning Circular 3/91 or exceptional innovative design; possible flexibility for replacing poor form with traditional character or less visual impact. Officer measured proposal as 168% larger, taller/deeper than traditional, more visible without improvement, no justification for exceptions despite traditional elements.
do not oppose the application
no adverse traffic impacts from the proposed development
The original application for a replacement dwelling more than double the size of the existing bungalow was refused by the Development Control Manager under delegated powers on 9 November 2011 for failing to comply with Housing Policy 14 due to excessive size increase and greater visual impact. The appellant argued the existing dwelling was of poor form, unfit for modern family living, and that outbuildings should be included in floor area calculations, claiming the proposal would result in an environmental improvement and align with strategic objectives for reusing existing resources. The Planning Authority defended the refusal, insisting on external measurements excluding outbuildings, disputing the existing dwelling's poor form, and asserting no environmental improvement. The Inspector concluded the proposal conflicted with Housing Policy 14 as it far exceeded the 50% size limit, lacked poor form justification for the existing, and would harm the rural character through increased prominence. The Minister accepted the Inspector's recommendation to dismiss the appeal on 8 March 2012.
Precedent Value
Strict adherence to HP14 required: floor areas strictly external excluding outbuildings, poor form needs objective evidence beyond family needs, environmental improvement demands reduced not increased visibility/prominence in rural areas. Future applicants must provide precise measurements, structural proof of existing defects, and designs demonstrably less impactful.
Inspector: Ruth V MacKenzie