8 May 2017 · Planning Committee
Rhearyt Ny Marrey, Ballabooie Road, Peel, Isle Of Man, IM5 2ah
The proposal involved extending and altering a traditional Manx vernacular cottage with adjoining barn and lean-to at a rural site in an Area of High Landscape or Coastal Value. Key elements included a single-storey rear garage, two-storey entrance with WC/utility above, single-storey bedroom/bathroom extension, replac…
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The proposal replicated a previously refused scheme (PA 16/00595/B) but omitted the first-floor roof terrace that had harmed neighbour privacy, making it compliant with General Policy 2 (b) and (g).
Housing Policy 15
Requires extensions to traditional countryside properties to respect proportion, form, appearance; normally limits to 50% floorspace increase. Officer viewed 50% as guideline; 49.4% increase (with prior approvals) acceptable due to beneficial reinvigoration without harming character.
Housing Policy 16
Restricts extensions to non-traditional dwellings if increasing public impact. Replacement of poor corrugated lean-to with glazed/cedar/slate improved appearance, reducing impact.
Environment Policy 2
Protects AHLV character unless no harm shown. Rear location, screening by vegetation/banks, and setback ensured no harm to landscape quality from public views.
General Policy 2
Requires development to respect site/surroundings in siting/scale/design (b), not harm landscape character (c), not adversely affect neighbour amenity (g). Proposal unified property at rear, minimal fleeting views, distances mitigated privacy impacts.
Housing Policy 11
Permits rural building conversions if structurally sound, of interest, with modest extensions not harming character. Barn conversion regularised prior work room approval; scheme restored original appearance without detriment.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Flue finish
The proposed flues must be finished in matt black.
No further extensions
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(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Single dwelling use
The application site must be used as one single residential dwelling only.
No roof terrace
No permission is hereby granted for the roof terrace referenced within annotation on drawing numbers 3A and 4B.
no impact on parking or access arrangements; no highways interest
German Parish Commissioners objected to the application due to overdevelopment, loss of privacy, sewerage concerns, and speculative nature, while DOI Highways Division had no highways interest.
Key concern: layout and density of the building will be in excess of 50% of the existing building
German Parish Commissioners
ObjectionMy Commissioners object to this application on the following grounds; the layout and density of the building will be in excess of 50% of the existing building; There will be a significant loss of privacy to the neighbouring properties; The Commissioners question the capacity of the present sewerage system; the general look of the proposed extension will totally obliterate the present traditional look of the property; the application is, in their opinion, not borne out of need but rather it is speculative; a separate application should be submitted to regularise the development which has already taken place
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI on 20/01/17; There will be no impact on the parking or access arrangements
The original application (16/01400/B) for alterations and erection of extension to the dwelling at Reayrt Ny Marrey was approved by DEFA Planning despite inaccuracies in the application form. Neighbours (appellants) challenged this approval via public inquiry, arguing excessive scale (over 50% floor area increase per HP15), failure to respect traditional form (HP11/HP15), overlooking, and inadequate septic tank. The Planning Authority and applicant defended the scheme as enhancing the property without harming character, landscape or amenity, treating HP15's 50% limit as a guideline. The inspector found the proposal harmed the traditional cottage and barn's character through excessive glazing, dominant rear extension, and floor area increase exceeding 50%, conflicting with HP11, HP15, EP2 and GP2, despite accepting no unacceptable overlooking or unresolved drainage issues. The Minister concurred with the inspector's recommendation to allow the appeal, reversing approval and refusing permission.
Precedent Value
Demonstrates strict enforcement of HP15 50% floorspace limit and HP11 character preservation for rural conversions/extensions in AHLV; applicants must prove established lawful floor areas and subordinate designs respecting traditional form, not rely on enhancement claims; third-party appeals can succeed by evidencing policy conflicts over subjective design benefits.
Inspector: Brian J Sims
