29 August 2013 · Planning Committee
Kilravock, Shore Road, Bay Ny Carrickey, Port St. Mary, Isle Of Man, IM9 5ly
The site is a corner plot with a modest single-storey bungalow and garage, prominent due to three elevations facing public highways. The proposal involved demolishing these and erecting a larger two-storey building (14.6m wide, 8.7m deep, 8.2m ridge height, 219.6 sqm floor area) providing two two-bedroom apartments, wi…
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The site is not zoned for development under the Area Plan for the South, creating a presumption against new residential units in the countryside, contrary to Strategic Policy 2, General Policy 3, and …
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in existing towns/villages or sustainable extensions, with countryside development only in exceptional circumstances. Site not zoned or in settlement, so presumption against new housing.
Spatial Policy 5
New development must make positive environmental contribution via good design. Proposal's scale, mass, bland elevations in prominent corner fail to respect street scene.
General Policy 2
Permits development respecting siting, scale, design, visual amenity, highway safety if zoned; unzoned site with poor design/visibility/amenity harms street scene and roads.
General Policy 3
Prohibits development outside zoned areas except specific exceptions (e.g. ag housing, conversions, replacements); proposal creates net additional unit without qualifying exception.
Housing Policy 4
New housing in towns/villages or exceptions; no exceptions apply for additional countryside unit.
Housing Policy 14
Replacement dwellings not substantially larger unless environmental gain, traditional form, or less visual impact; 188% floor increase, greater bulk, non-traditional design fail tests vs existing modest bungalow.
no objection as it has no traffic management, parking or road safety implications, and meets the relevant highway standards and policies
no comments to the merits of the application but ask for an informative note
no comments to the merits of the application but ask for an informative note
no comments to the merits of the application but ask for an informative note
The original application was refused by the Planning Committee for reasons including the site not being zoned for development, contrary to Strategic Plan policies and Area Plan for the South; visual harm due to scale, massing and design under Housing Policy 14 and Strategic Policy 5; removal of stone walling and landscaping creating an open car park detrimental to street scene; and highway safety risks from inadequate visibility splays not controllable by condition. The appellant argued the site was brownfield in a sustainable residential area, compliant with various Area Plan paragraphs, providing needed apartments, and precedents existed for approvals on unzoned land; they rebutted visual and highway concerns. The inspector identified three main issues: principle of development (inappropriate outside zoned areas per GP3, SP2, HP14 as it exceeded replacement limits and added a unit); visual harm to street scene and area from increased mass, bulk, proximity to roads, and parking area (conflicting with SP5, GP2); and highway safety risks from uncontrolled adjacent wall obstructing visibility. The inspector rejected precedents as not comparable, found harm on all issues, recommended dismissal, and the Minister concurred on 10 January 2014.
Precedent Value
Reinforces weight given to recently adopted Area Plans; replacement dwellings strictly limited under HP14 (no extra units, 50% floor cap unless clear environmental gain); highway risks from third-party land fatal if unconditionable. Future applicants must provide robust evidence on existing building condition and precise precedent comparability; smaller-scale replacements more viable on unzoned sites.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI