29 May 2012 · Delegated - Development Control Manager (Jennifer Chane)
Field 534183, Clypse, Onchan, Isle Of Man, IM4 5bf
The proposal sought approval in principle to replace two small existing chalet-style cottages with two new dwellings on a much larger site (Field 534183, Clypse, Onchan), dividing it into two large plots of approx.
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The officer assessed the proposal against General Policy 3 (presumption against development outside zoned areas) and its exception for replacement rural dwellings under Housing Policy 14, as existing …
General Policy 3
Prohibits development outside zoned areas except specified cases including replacement rural dwellings (cross-ref Housing Policies 12-14). Proposal tested as replacement but failed detailed criteria; no other exceptions apply in countryside.
Housing Policy 12
Permits replacement unless abandoned or historic/renovatable. Existing dwellings habitable, so not fully tested; officer noted only HP14 relevant.
Housing Policy 13
For abandoned dwellings using remaining fabric. Not applicable as dwellings habitable.
Housing Policy 14
Replacement must not differ substantially in siting/size unless improving environment; generally on footprint, ≤50% larger floor area. Vast increases (2260-3067% curtilage, 280% floorspace) with re-siting lack justification despite provisions for larger if traditional/less visual impact; causes countryside harm.
Policy O/RES/P/22 (Onchan Local Plan)
No new dwellings outside designated residential areas, especially rural/high landscape value. Site in countryside/open space; reinforces strategic restrictions.
expresses an interest
The original application for approval in principle for erection of two dwellings on Field 534183, Clypse, Onchan was refused by the Planning Authority primarily for non-compliance with Housing Policy 14 of the Isle of Man Strategic Plan, citing unacceptable harm to countryside character from increased curtilage and dwelling size sited outside existing residential areas, with a secondary reason on water pollution later withdrawn. The appellant argued the plans were indicative, sought replacement of poor-quality existing chalet dwellings with traditional designs set back from the road for environmental improvement, and compliance with policy allowing larger replacements with less visual impact. The Planning Authority and Onchan District Commissioners defended refusal, emphasizing the substantial scale increase resembling new builds and policy non-compliance. The inspector concluded the proposal did not comply with Housing Policy 14 as it sought new curtilages on agricultural land beyond existing residential use, would cause serious harm to countryside character without overall environmental improvement, and recommended dismissal. The Minister accepted this and dismissed the appeal on 11 October 2012.
Precedent Value
This appeal sets precedent that approval in principle applications for replacement dwellings must use red line boundaries tightly limited to existing curtilages; expansive sites signal new development intent, failing HP14. Future applicants should submit precise site boundaries matching existing plots and detailed evidence justifying any size/siting increases as environmentally beneficial.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
