2 September 2014 · Planning Committee (presented by Mr E Riley)
Ballaradcliffe House, Kiondroghad Road, Andreas, Isle Of Man, IM7 3el
The proposal sought full and partial retrospective planning approval for changes to the registered dwelling Ballaradcliffe House and its extensions, such as larger replacement rooflights (already installed), new side rooflights (installed), a new basement window and door (apertures cut), replacement double doors for a …
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The key issue was the extent to which the proposed variations would detrimentally affect the character of the Registered Building per Environment Policy 32.
General Policy 2
Requires development to respect site/surroundings in siting, scale, design; not adversely affect character of locality or amenity. Officer assessed proposal against (b), (c), (g), finding variations acceptable in residential zoning but harmful to Registered Building setting due to symmetry disruption.
Environment Policy 32
Prohibits extensions/alterations to Registered Building that detrimentally affect its special architectural/historic character. Officer tested specific elements like rooflights, windows, doors against this, concluding four elements caused individual/cumulative harm via clutter and symmetry loss; presumption against alterations not overcome.
RB/5 Alterations and Extensions
General presumption against alteration/extension of registered buildings unless convincing case made. Officer applied alongside ENV32, noting prior approvals had dramatically altered appearance but protection remains; current variations failed to justify harm.
do not oppose the application
do not oppose the application
The original applications sought to regularise unauthorised alterations and extensions to the mid-19th century Registered Building Ballaradcliffe House, following non-compliance with prior approvals (PA11/00700/GB & PA11/00701/CON). Refusal reasons cited detriment to the building's special character under EP32 (Planning Approval) and failure to justify cumulative impacts under RB/5 (RBC). Appellant argued works were well-intentioned for long-term preservation, with materials stored for reinstatement. Inspector found many works acceptable given fait accompli and risk of further damage if reversed, but rejected specific items harming symmetry/character (e.g., double doors). Minister concurred with inspector's recommendations for split decisions on 10 Feb 2015, granting approval/consent for most items subject to detailed conditions, refusing others.
Precedent Value
Sets precedent for split decisions on retrospective RBC/PA at Registered Buildings where fait accompli exists but harm minimised via conditions/reinstatements; emphasises owner onus for compliance, but pragmatic approvals possible if policies met and further damage avoided. Future applicants must submit comprehensive forensic details/justification upfront and cease works on advice.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
