2 October 2024 · Delegated - Acting Head of Development Management (Abigail Morgan)
Little Admiralty House, Rhenab Road, Cornaa, Ramsey, Isle Of Man, IM7 1el
The site previously contained a two-storey detached dwelling that received approval in 2023 for refurbishment and a single-storey extension but was fully demolished in February 2024 due to structural instability identified during initial works.
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The officer determined that since the existing dwelling was completely demolished and removed from site, there is no existing building to replace, making the site abandoned and losing its residential …
Housing Policy 12
Requires that replacement of existing dwellings in countryside will generally be permitted unless the existing building has lost its residential use by abandonment. Officer assessed that complete demolition constitutes abandonment, with 'no greater case of abandonment than where the dwelling has been demolished', failing Part A. Proposal unacceptable in principle despite similar scale/footprint to prior approval.
General Policy 3
Permits development outside zoned areas only under specific exceptions including replacement of existing rural dwellings (Policies 12-14). Site assessed as failing as no existing dwelling remains post-demolition, so no exception applies; prior AiP refusal (22/00618/A) set precedent on abandonment.
Housing Policy 4
New housing permitted in countryside only in exceptional cases (a)-(c): agricultural housing, rural building conversions, or replacements of existing/abandoned dwellings. Officer found proposal equates to new dwelling as original lost, failing all exceptions and encroaching into rural area.
Environment Policy 1
Protects countryside from adverse development unless overriding national need. Referenced but not directly tested as principle failed under housing policies; site in AHLV but visual impact of proposal noted as potentially acceptable.
finds it to have no significant negative impact upon highway safety, network functionality and/or parking. The proposals are an improvement in access visibility over the existing situation and a potential passing place on the adopted highway could be added.
Highway Services HDC does not oppose the application, noting improvements to access visibility; Garff Commissioners request detailed drawings of new roadside walls to match local character; Manx National Heritage initially requested an environmental assessment but withdrew comments after demolition of the property.
Key concern: design of the new roadside walls
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking.; The proposals are an improvement in access visibility over the existing situation and a potential passing place on the adopted highway could be added.
Conditions requested: A S109 highway agreement will be required for the proposed access alterations tie-in onto the adopted highway and potential new passing place
Garff Commissioners
Conditional No ObjectionThe Commission has no other concerns with proposals but would like clarification of the design of the wall as requested above.
Conditions requested: Garff Commissioners request that the applicant submits detailed drawings of the type, size, and finish of the new roadside walls that will be constructed. They believe that these should be in character with the roadside walling just across the road from the property and that which exists in the vicinity.
Manx National Heritage
Conditional No ObjectionThere may be an issue with nesting birds or roosting bats in the derelict property, this needs to also be investigated before the application can be determined.
Conditions requested: submit an environmental assessment of the site which should include the number of trees and shrubs which may need to be removed to facilitate development
Manx National Heritage
No ObjectionI therefore would like to withdraw my comments referring to the need for a Preliminary Ecological Assessment of the area surrounding the house.
The original application 24/00805/B for a replacement dwelling and vehicular access alterations was refused by DEFA. The appellant, Mr Keith Hoyes, lodged an appeal on 23 October 2024 via written representations, arguing that the partial demolition of the existing dwelling was unintentional during works on a rear annex, and that meetings were held with planning to resolve. The agent, Mr Gareth M. Roberts, submitted the appeal form. On 28 October 2024, Director Jennifer Chance determined the appeal invalid under Article 10(6)(b) of the 2019 Development Procedure Order, as it failed to specify material planning considerations or reasons for disagreement with the refusal. A formal decline letter was issued on 31 October 2024 with a fee refund. No inspector's analysis or merits decision occurred.
Precedent Value
This sets a strict precedent that appeals must meet procedural tests on material planning grounds from the outset, or risk immediate invalidation and fee refund. Future applicants should ensure appeal statements directly address refusal reasons with policy references.
