20 December 2010 · Minister for Infrastructure (following appeal report by appointed person)
Land Opposite, Ballachree Cottage, Lezayre Church Road, Churchtown, Ramsey, Isle Of Man, IM7 2an
The proposal was for a modern, innovative two-storey replacement dwelling styled as a Dutch barn with zinc barrel roof, galvanised steel elements, timber cladding, extensive glazing to south and east elevations, and an integral garage, following approval in principle for replacing the poor-quality Ballachree Cottage (d…
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The documents primarily detail the Planning Committee's refusal and officer's recommendation, but the final appeal decision notice states the Minister considered the appointed person's report, concurr…
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size unless improving environment; floor area not >50% greater; generally traditional per Circular 3/91 Policies 2-7, but exceptionally innovative modern high-quality designs without adverse visual impact, reusing stone/slate and matching original materials. Officer found siting acceptable per prior AIP, 39% area increase ok for poor original, but design not traditional nor sufficiently innovative/exceptional (no material reuse, commercial-like appearance); appeal approval implies satisfied exceptional criteria.
Environment Policy 2
Protects Areas of High Landscape/Coastal Value unless development does not harm character/quality or location essential. Site in AHLV/Woodland; officer noted exposure from south/east despite screening/trees, but dominant feature; not explicitly cited in refusal reason, and appeal approval implies no harm demonstrated.
Planning Circular 3/91
Policies 2-7 guide traditional countryside residential design. Officer found proposal neither complies nor qualifies as exceptional innovative alternative under HP14; evolved from dormer bungalow to Dutch barn style but still unsuitable.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the reserved matters application for the erection of a dwelling, as shown on drawings 1145-16, 1145-18, 1145-19, 1145-20, 1145-21, and 1145-22, received 2nd November 2010.
Do not oppose has no traffic management, parking or road safety implications
See Note 1 & 2 (advisory on cables/lines and electricity supply)
Lezayre Parish Commissioners object unanimously to the application citing that the proposed dwelling is too big and not in keeping with surrounding properties; Manx Electricity Authority requests contact and conditions regarding utilities; Highways Division does not oppose due to no traffic implications.
Key concern: The proposed replacement dwelling is not in keeping with the surrounding properties
Lezayre Parish Commissioners
ObjectionRefused Unanimous. Too big. Not in keeping with surrounding properties.; The application form states that the new dwelling will use the existing septic tank. The position of this is not shown on the plans.
Lezayre Parish Commissioners
ObjectionRefuse unanimous. The proposed replacement dwelling is not in keeping with the surrounding properties. The proposed replacement is not a cottage
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; Please contact our Network Operations Department...
Conditions requested: The applicant must contact the Authority; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
The original application for reserved matters approval for erection of a replacement dwelling was refused by the Planning Authority on 16 December 2010. The appeal argued the innovative modern design complied with Housing Policy 14, met size limits, would not harm landscape character, and cited precedents. The Council defended refusal claiming the design resembled a commercial office unsuitable for high landscape value area and would dominate. The Inspector found the design high quality, non-intrusive due to site positioning and backdrop, and an admirable expression of policy, recommending allowance. The Minister accepted the recommendation on 19 April 2011, granting permission with conditions on commencement and approved drawings.
Precedent Value
Demonstrates that innovative modern replacement dwellings can succeed in high landscape areas if inspector finds high quality/no visual harm, even with non-traditional materials; prior approvals limit policy applicability; site-specific visibility/context crucial over general impressions.
Inspector: David Ward
