23 May 2024 · Delegated - Principal Planner Chris Balmer
Garey House, Glen Tramman, Ramsey, Isle Of Man, IM7 2ap
The proposal involved demolishing the long-abandoned Garey House, a non-traditional dwelling of 371sqm floor area, and replacing it with a new 606sqm (63% larger) two-storey house partly on the existing footprint but reoriented and taller, finished in render, timber cladding and concrete tiles.
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The officer determined the existing dwelling had lost its residential use by abandonment, evidenced by over 20 years of vacancy confirmed by aerial photos (2009-2021), site visit observations of derel…
Housing Policy 12
Requires that replacement dwellings in countryside not have lost residential use by abandonment (part a) or be of architectural/historic interest capable of renovation (part b). Officer assessed site met abandonment tests (20+ years vacancy, dereliction evident on site visit, no restoration evidence), failing part a; dwelling not of interest warranting retention.
Housing Policy 13
For abandoned dwellings, new dwelling only via remaining fabric plus new to replace lost fabric (outside National Heritage Areas). Proposal for full demolition and new build failed as it did not integrate existing substantially intact fabric.
Housing Policy 14
Replacement dwellings must not be substantially different in siting/size, floor area not >50% larger, follow Planning Circular 3/91 design or be high-quality innovative/traditional with less visual impact. Proposal exceeded 50% (63% floor area increase), altered orientation/height, non-traditional/innovative design harmed rural character more than existing.
General Policy 3
Exceptions to countryside development presumption require overriding national need/no alternative. No justification for stable as essential/practical; speculative without current equestrian use.
Environment Policy 2
Protects High Landscape/Coastal Value areas unless no harm or essential location. Larger dwelling and stable increased built impact, dominated views, urbanised rural scene in AHLVSS.
Environment Policy 21
Stables in countryside need sensitive siting/design suiting purpose, lightweight timber. Proposed 5.7m tall/271.9sqm stable oversized/excess storage, barn-like not stable-appropriate.
No significant negative impact upon highway safety, network functionality and/or parking subject to the garages, parking and driveway layout on the approved plan to be implemented before first occupation
Content with ecological assessments and recommendations for bats/birds; recommend conditions for landscaping, tree works, lighting, bat/bird/bee boxes, construction method statement
Support the application
Multiple consultees including Forestry, DEFA Ecosystem Policy, Highways, Lezayre Parish Commissioners, and Manx National Heritage provided responses with no outright objections but raised concerns over tree removal, bat/bird mitigation, and requested specific conditions for arboricultural protection, landscaping, and ecological measures.
Key concern: extensive tree removal for stable and yard, with risks to category A/B oaks from proximity, ground protection, and future pruning/removal pressure
Forestry, Amenity and Lands Directorate
Conditional No ObjectionThere are no conflicts with the criteria outlined in the Tree Protection Policy and so I am hesitant to make an outright objection to this application, I would, however, like to raise my concern that the yard, access road to the yard, and stable building requires the removal of so many trees; I would urge the planning officer to consider whether this element of the application is justified given that there is not an existing stable at the property, and, if it is justified, whether it has been appropriately positioned to minimise its impact
Conditions requested: A condition seeking the provision and implementation of an arboricultural methods statement, including a detailed tree protection plan and monitoring schedule; A condition ensuring the proposed tree planting is undertaken in full and that any trees that die within 5 years are replaced; If not adequately covered by the above conditions, a condition ensuring that permanent ground protection is utilised and excavation is avoided within the rooting area of tree 4363. The proposed protection measures are outlined in the ‘Tree Protection and Sections’ plan; a condition is attached to ensure the landscaping plan features disease resistant varieties of elm
DEFA Ecosystem Policy Officer
Conditional No ObjectionThe Ecosystem Policy Team can confirm that Ecology Vannin’s Preliminary Roost Assessment (Technical Note) dated December 2023 is all in order; a suitable level of assessment has been undertaken
Conditions requested: No works to commence unless a soft landscaping plan has been submitted to the Department and approved in writing. The plan should contain planting specifications and species lists for all new planting, as well as planting timescales; No works to take place unless a schedule of works for trees 4353, 4354, 4355 and 4356 has been submitted to Planning and approved in writing; No permanent outdoor lighting shall be installed until a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted in writing to the Department for approval; No works to commence unless a bat, bird and bee box plan has been submitted to Planning and agreed in writing; No works to commence unless a construction method statement for Schedule 8 plants has been submitted to the Department and approved in writing; The tree protection measures detailed in Manx Root’s Outline Tree Protection Plan (Drawing No. OTP-100823_revA) must be implemented throughout construction; the standard replanting condition for the replacement of any tree or shrub which dies or becomes damaged within 5 years from the date of planting, should be applied
DEFA Ecosystem Policy Officer
No Commentwe do not believe that enough ecological assessment has yet been undertaken; Bat surveys should be undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016)
Highway Services HDC
Conditional No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking subject to the garages, parking and driveway layout on the approved plan to be implemented before first occupation of the dwelling and stables
Conditions requested: the garages, parking and driveway layout on the approved plan to be implemented before first occupation of the dwelling and stables
Highway Services HDC
No CommentHighways DC acknowledge the additional information submitted for the below application and advise that we have no further comment to make to those made 13/10/23
Lezayre Parish Commissioners
SupportApproved unanimous
Manx National Heritage
Conditional No Objectionprior to determination of the application a preliminary assessment for roosting bats be undertaken; Bat surveys should be carried out in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016)
Conditions requested: maintenance of the newly planted trees be made a condition of the planning approval, ideally for a period of 5 to 10 years; the development of the access track take into account the protection of the category B oak tree as set out in the arboricultural impact assessment compiled by Manx Roots. This should also be made a condition of planning approval; Removal of the trees should be undertaken outside of the bird nesting season which runs from the 31st March to the 31st August
The original application for demolition of an existing rural dwelling and replacement with a larger dwelling (160% footprint increase), garage, stable, landscaping, and engineering works was refused under delegated powers on 23 May 2024 for four reasons: loss of habitable status (HP12), non-compliance with replacement dwelling size/design criteria (HP14, EP2), insufficient justification for stable (GP3, para 7.15.1), and landscape harm (GP2/3, EP1/2/21). Appellant Hartford Homes, represented by Sarah Corlett TPC, argues the dwelling retains habitable status (satisfies 3/4 HP12 criteria), limited visual impact due to screening, improved design/context fit, no policy requirement for 'essential' stable need, and benefits re climate change/energy efficiency. Council defends refusal, asserting abandonment (>10 years unoccupied), policy non-compliance on size/design/visual impact, need for stable justification per Strategic Plan texts, and overall countryside harm. No inspector analysis or decision provided in documents; appeal lodged 3 June 2024.
Precedent Value
Highlights need for comprehensive evidence on habitable status (all HP12 criteria) and functional need for ancillary countryside buildings; shows precedents can demonstrate policy flexibility but must tie to site-specific context/visual evidence. Future applicants should provide structural surveys, equestrian need proof, and detailed visual assessments proactively.
