4 June 2013 · Planning Committee
Spring Waters, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
The proposal involved replacing existing small-scale buildings, including a traditional cottage (269 sq m), small bungalow (44 sq m), garages and former cottage, with a much larger 1526 sq m stone-finished dwelling featuring 8 bedrooms, leisure wing and extensive garaging, plus a large 75m-long equestrian building, new…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
Officer report concluded refusal was 'finely balanced' but tipped against due to site's planning history of two prior refusals upheld on appeal for oversized replacement dwellings (PA 06/01915/B at 87…
General Policy 3
Presumption against development outside settlements except specified cases including replacement dwellings (HP12-14). Proposal tested as replacement but failed due to scale/siting not improving environment; not previously developed land as buildings not redundant.
Environment Policy 1
Countryside protected for own sake; no overriding national need demonstrated as economic benefits uncertain/unenforceable despite draft Planning & Economy PPS.
Housing Policy 14
Replacement dwellings limited to 50% floor increase unless poor form replaced by traditional character or less visual impact; existing main house traditional (269 sq m), outbuildings low-impact; proposal 1526 sq m (467% increase), grander/more visible despite stone, no exception met per prior appeals.
Environment Policy 21
Equestrian buildings not detrimental to countryside character; large scale/visibility accepted if not in high landscape area (not here) but combined with dwelling increases overall impact.
Environment Policy 19
Equestrian ok if no amenity/agricultural/highway loss; highways deferred comment, no high quality ag land loss noted.
No objection but suggest consideration of landscaping and highway safety (access in 50mph zone)
Strong support for significant economic benefits: £460k VAT, £286k tax from construction, 7FT/1PT jobs (£157k salaries), business expansion/jobs, construction spend with locals; applicant Manx-born entrepreneur with finance/resources
No objection subject to pond inlet/outlet details discussed prior to detailed application
Department of Economic Development supports the application due to significant economic benefits; Highways Division defers pending access improvements; Water Authority and Malew Parish Commissioners have no objection with conditions; Manx Electricity Authority requests contact.
Key concern: Inadequate highway access and visibility for equestrian traffic including horseboxes
Department of Economic Development
SupportThe Department therefore, supports the planning application.; The proposal will generate significant economic benefits for the Isle of Man.
Highways Division
Conditional No ObjectionDefer; The proposed access is not wide enough to accommodate two way traffic flow for larger vehicles, i.e. horseboxes.
Conditions requested: The access to the A3 is to be constructed before any other work commences and is to be used for all traffic associated with the works.; Visibility splays should be taken from 2.4 (minimum) metres back from the edge of carriageway... sightlines of 215 metres in both directions; The mouth of the access should be a minimum of 12 metres; Width of the driveway should be a minimum of 6.5 metres (not including grass verge); Further detail required for car park layout, horse loading/unloading spaces, and run off area
Manx Electricity Authority
No ObjectionThere are Underground Cables/Overhead Lines present in the area
Conditions requested: Applicant must contact the Authority; Contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; Contact M.E.A. Planning Department (Tel. 687781) to discuss electricity supply
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions
Conditions requested: Details relating to the proposed pond inlet & outlet structures being discussed with the Water & Sewerage Authority, prior to any detailed planning application being submitted.
Malew Parish Commissioners
No ObjectionThey do not object to this Application but would suggest that under any approval conditions consideration be given to landscaping. Also the access should be taken into account
Conditions requested: Consideration be given to landscaping; Access should be taken into account
The 2007 appeal (07/0123 against refusal of 06/01915/B) sought alterations and extensions to create a 877m² family home by retaining the core farmhouse and demolishing other buildings, refused initially for poor design impacting rural character. The appellant argued for innovative design under Housing Policy 14 and scale acceptability; the Council viewed it as a replacement with confused styling. The inspector found it breached Housing Policy 15 (extensions) and Policy 14 (replacements) due to excessive floor area increase (over 50%) and non-traditional design, recommending dismissal, which the Minister confirmed. The 2010 appeal (AP10/0005 against refusal of 09/01803/B) proposed demolishing all buildings for a 665m² traditional-style replacement dwelling with new A3 access. Appellants claimed reduced size from prior scheme and policy flexibility for high net-worth housing; Council disputed floor area calculations and greater visual impact. The inspector agreed it exceeded Policy 14's 50% limit without justifying exceptions, with added concerns over access, recommending dismissal upheld by the Minister.
Precedent Value
Demonstrates strict enforcement of HP14/15 50% floor area limits in countryside replacements/extensions, even with design improvements or site benefits; applicants must precisely meet exception criteria (poor form replacement with traditional character or reduced visual impact) and avoid relying on unproven Government intentions or past flexible decisions.
Inspector: David Ward (2007); Neil A C Holt (2010)
