15 October 2014 · Planning Committee
Kirkle Farm, Sloc Road, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The site at Kirkle Farm on Ballakillowey Road, Colby, currently holds a two-storey farmhouse (308 sq m), a single-storey cottage (71 sq m), and a retained garage, within a 0.6-acre curtilage visible from the A36 Sloc Road across fields.
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The key test was visual impact in open uplands, assessed from northern and southern viewpoints on the A36, where existing buildings are not prominent but blend as part of the landscape.
Housing Policy 14
HP14 permits replacement dwellings not substantially different in siting/size unless improving environment; limits floor area to 50% greater, prefers footprint siting and traditional design per Policies 2-7 of Planning Circular 3/91. Officer assessed size increase (85%) but found reduced visual impact via stone finish, broken ridge, and traditional form replacing poor existing (long core, conservatory), achieving environmental gain in uplands. Exceptions allowed for traditional character with less impact.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 13 of the Town and Country Planning (Development Procedure) Order 2005 and to avoid the accumulation of unimplemented planning approvals.
do not oppose the application
Rushen Parish Commissioners initially objected strongly to the large scale and design of the replacement dwelling at Kirkle Farm but later raised no objections to amended plans; Highways Division and Manx Electricity Authority had no objections.
Key concern: proposed new dwelling is too large, being a 91% increase on the existing buildings
Rushen Parish Commissioners
ObjectionRushen Commissioners recommend refusal of this application; I would recommend a site visit as there is the house, cottage and garage on this site so we would need to know what impact the proposal would have; We objected to the large house at Upper Kirkle – which is above this one
Rushen Parish Commissioners
No ObjectionNo objections although Members noted that no information was given with regard to what the actual amendments are. They suggest that all such applicants should give a list of any amendments made.
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority; See Note 2
Conditions requested: condition of planning be that the applicant must contact the Authority
The original applications (11/00839/B and 11/00840/B) for demolition of an existing farmhouse/cottage (247m²) and erection of larger replacement dwellings were refused due to disproportionate size, contrary to HP14, and harm to AHLVSS character. Appellants argued traditional design (A) fits locality and modern innovative design (B) as sculpture suits high net worth policy aims. Council and Rushen Commissioners defended refusals citing excessive scale, visual harm, and inappropriate designs for open countryside. Inspector found both proposals substantially exceed existing size (263% A, larger B), fail HP14 exceptions lacking environmental improvement or contextual response, and harm AHLVSS despite prior 64% increase permission. Minister accepted recommendation to dismiss both appeals.
Precedent Value
Sets strict interpretation of HP14 in AHLVSS: replacement dwellings limited to ~50-64% increase max unless proven environmental gain; modern designs must harmonise with unique rural context, not just emulate urban/coastal approvals. Future applicants should benchmark closely against existing footprint/height, prioritise contextual response over ambition, and avoid unsubstantiated % increase claims.
Inspector: Anthony J Wharton BArch RIBA RIAS
