2 October 2012 · Planning Committee
Cronk Ny Killey, Jalloo, Dreemskerry, Ramsey, Isle Of Man, IM7 1ax
The proposal involved demolishing an existing single-storey detached Manx cottage (105m² floor area) with non-traditional extensions and replacing it with a two-storey dwelling of more traditional design (235m² floor area, 124% increase), including a projecting porch, lean-to annexe, rendered walls, natural slate roof,…
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The Planning Committee considered the proposal contrary to Housing Policy 14 as the two-storey dwelling represented a 124% floor area increase over the existing (105m² to 235m²), was sited 6m from the…
General Policy 3
Restricts development outside zoned areas except for replacement rural dwellings (cross-ref Housing Policies 12-14). Officer considered principle acceptable due to existing dwelling; Committee found specific proposal's scale/siting caused countryside encroachment breaching exception tests.
Environment Policy 2
Protects High Landscape/Scenic Significance areas unless no harm to character or essential location. Officer argued reduced visual impact via design/screening; Committee ruled 124% increase, height, curtilage extension harmed character.
Environment Policy 35
Requires development in Conservation Areas to preserve/enhance character. Officer found improvement over poor-form existing; Committee found detrimental due to size/impact.
Housing Policy 14
Replacement dwellings not substantially different in siting/size unless environmental improvement; generally on footprint, ≤50% larger floor area; exceptions for poor form to traditional or less visual impact. Officer applied exception for poor existing form to traditional design with tree screening; Committee rejected as substantially larger (124%), resited, no improvement.
Policy 2 of Planning Circular 3/91
New buildings to integrate with landscape. Officer found fits cluster with screening; Committee found size/design fails integration.
Planning Circular 3/91 Policy 3
Shape to follow traditional farmhouses, simple form. Officer found compliant; Committee disagreed on size.
Planning Circular 3/91 Policy 7
New work to respect past patterns. Officer found traditional; Committee found size disrupts.
happy with the proposal; existing dwelling of limited appearance, does not add significantly to conservation area character, regarded as 'poor form'
The original application for a replacement dwelling with 124% increase in floor area was recommended for approval by the Planning Officer but unanimously refused by the Planning Committee due to excessive scale, visual harm to the AHLCVSS and conservation area, and failure to comply with policies GP3, EP2, EP35, and HP14. The appellant argued that officers supported the scheme, the existing cottage was of poor form, the design complied with traditional Manx style per Circular 3/91, and comparable approvals existed for larger increases. The inspector found the existing cottage attractive and unobtrusive despite some poor additions, rejected the scheme due to its bulk, height, and curtilage extension causing harm to landscape character and conservation area, and concluded it conflicted with key policies. The Minister accepted the inspector's recommendation to dismiss the appeal on 18 December 2012.
Precedent Value
Demonstrates that in AHLCVSS/conservation areas, replacement dwellings must not exceed 50% size increase or encroach into open countryside, even with traditional design; existing modest structures sympathetic to landscape carry weight against upscaling unless fully within footprint without visual harm.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
