2 February 2012 · Delegated - Development Control Manager (Jennifer Chance)
Ballaveare, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1bb
The proposal involved demolishing the existing non-traditional house (747m² floor area, 7.5m ridge height, 30m width) and barn, replacing them with a new two-storey plus attic Georgian-style mansion (2302m² floor area including attic, 11.6m ridge height, 42m width), garages, staff accommodation, glasshouse, kitchen gar…
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The officer calculated a 208% floor area increase (from 747m² existing to 2302m² proposed), far exceeding the 50% limit in Housing Policy 14, requiring exceptions: either replacing a dwelling of 'poor…
General Policy 3
Permits replacement of existing rural dwellings as exception to countryside development restrictions. Officer and parties agreed principle of one-for-one replacement acceptable as site not abandoned and no historic interest.
Housing Policy 4
Restricts new countryside housing to exceptions including rural dwelling replacements per HP12-14. Accepted as compliant with principle.
Housing Policy 12
Permits replacement unless abandoned or historic. Existing dwelling habitable with no abandonment evidence; all parties agreed compliant.
Housing Policy 14
Limits replacements to substantially same siting/size unless environmental improvement; >50% increase allowed if replaces poor form with more traditional character OR less visual impact by design/siting. Failed both tests: poor form accepted but Georgian design not 'traditional' in Manx context; larger scale increased visibility despite setback.
no objections
no opposition; improved visibility splays acceptable
objection withdrawn and now in support following omission of windows
The original application 11/01551/B for demolition of existing house and barn and erection of a detached dwelling, garages and staff accommodation with landscaping was refused under delegated powers on 31 January 2012 solely for failing Housing Policy 14, as the proposed floor area increase exceeded 50% without replacing a poor form dwelling with one of more traditional character or achieving less visual impact. Appellants argued compliance with GP3, HP4, HP12, HP14, citing Georgian tradition on the Island, precedents like Ballacomish, and reduced visual impact due to design, siting and screening. The inspector agreed the existing dwelling is of poor form and principle of replacement acceptable under GP3, HP4, HP12, but found the scholarly Georgian design not 'more traditional' in Manx context for this narrow site near modest dwellings, and greater bulk, height and width result in more visual impact despite landscaping. Appeal dismissed as contrary to HP14; harm to character of Port Soderick.
Precedent Value
Demonstrates strict HP14 interpretation: >50% replacements need clear 'more traditional' in local Manx context (not generic Georgian) AND/OR proven less visual impact; site shape/width critical for perceived tradition; precedents limited weight if sites differ significantly. Future applicants: scale to site, prove Manx vernacular fit, robust photomontages all viewpoints, avoid over-reliance on international styles.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
