1 November 2013 · Minister for Infrastructure (Hon T Crookall MHK)
Field 430242, Corlea Road, Ballasalla, Isle Of Man, IM9 3ba
The proposal was for approval in principle to demolish Corlea Bungalow (a 1970s structure of poor form with 146 sqm floor area) and erect a larger two-storey oak-framed replacement dwelling (360 sqm floor area, timber cladding) relocated 90m west within the same field, screened by existing trees, with a new driveway fo…
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Minister found arguments finely balanced but approved as proposed north-west siting with mature screening along Corlea Road and western boundary (via required landscaping condition) overcomes visual i…
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size unless environmental improvement; generally on existing footprint, floor area ≤50% greater. Minister found relocation/sizing acceptable here due to screening mitigating visual impact despite >50% increase and different siting; existing bungalow poor form. Inspector disagreed, finding greater impact.
Environment Policy 1
Protects countryside for its own sake; development not permitted unless overriding need. Minister held proposal acceptable with landscaping as no unacceptable harm; Inspector found building in open field contravenes.
General Policy 3
Exception for replacement rural dwellings leading to HP12-14; principle accepted as bungalow not abandoned or of historic merit.
Time limit for commencement
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters approval
Details of the siting, design, external appearance, internal layout, means of access and landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before the expiration of two years from the date of this approval and thereafter the development shall be carried out only in accordance with the details as approved.
Reserved matters details
Plans and particulars of the reserved matters referred to in Condition 2 shall include details of: (a) all external materials to be used in the development; (b) visibility splays; (c) existing and proposed ground floor levels; (d) details of the measures to protect the existing trees along the site's Corlea Road boundary and western boundary during the course of the development and thereafter; and (e) details and the positioning of the mature trees to be planted along the site's Corlea Road boundary and western boundary.
Demolition of existing bungalow
Corlea Bungalow shall be demolished before any work starts on the replacement dwelling and the driveway to it.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, or any order revoking and re-enacting that Order with or without modification, no material alterations to the external appearance of the building shall be carried out and no extension, building, structure, enclosure, erection, hard surface, swimming or other pool shall be constructed or erected in or around the curtilage of the dwelling hereby approved in principle, and no windows or rooflights other than those expressly authorised by the approval of reserved matters shall be created, formed or installed, without the prior written approval of the Planning Authority.
no objection
no objection
The original application for approval in principle for a replacement dwelling was refused by the Planning Authority due to its siting, size, and design contravening Housing Policy 14 and Environment Policy 1 by creating a visual intrusion in an open field. Appellants argued the existing bungalow was of poor form, the new site was safer, precedents existed, and their economic contributions warranted approval. The inspector found the proposal would have greater visual impact, exceed policy size limits, and harm countryside character without justifying circumstances. The Minister disagreed, finding the north-west siting with mature tree screening and similar footprint acceptable in this context, allowing the appeal subject to conditions including reserved matters approval and tree protection.
Precedent Value
Shows ministerial override possible where screening and context-specific siting mitigate policy conflicts despite inspector recommendation against; applicants should emphasise landscaping enhancements with mature trees and site-specific merits, as each case assessed individually.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
