21 September 2015
Land Opposite, Ballachree Cottage, Lezayre Church Road, Churchtown, Ramsey, Isle Of Man, IM7 2an
The proposal sought to extend the commencement period of a reserved matters approval (PA 10/00133/REM) for a dwelling on a plot opposite Ballachree Cottage in Churchtown, Lezayre, originally approved for Mr Kermode and purchased by Mr Cleaveland Perry in November 2014.
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Approved Unanimous (initial response on 9th March 2015, later withdrawn)
Lezayre Parish Commissioners initially approved the application but withdrew their support due to new information on land ownership changes and plan inaccuracies, ultimately refusing unanimously and requesting corrected plans.
Key concern: Proposed ground floor and site plan does not reflect change of ownership of land
Lezayre Parish Commissioners
No CommentMy Commissioners submitted comments for the above application in a letter dated 9th March, which gave their approval to this planning application; Information has now come to light and therefore need to withdraw that comment; My Commissioners would now like to defer their decision on this application and will submit their new comments after their next meeting which takes place on 2nd April 2015
Lezayre Parish Commissioners
ObjectionRefused Unanimous; Unfortunately the proposed ground floor and site plan (which is the same plan that was approved under planning application 10/00133) does not refelct the change of ownership of land; We understand that Mr Perry does have a right of way over this piece of land, but only to his field and field shed. It is not a right of way to his property; Mr Perry should submit plans that show where he will drain his foul water to
Conditions requested: Mr Perry should submit plans that show where he will drain his foul water to; Plans need to be redrawn placing the building and entrance to the garages on the correct piece of land
The original approval in principle for a replacement dwelling was granted on appeal in 2008, with the cottage demolished per conditions. Reserved matters were refused due to design concerns in a high landscape value area. Appellant argued the modern barn-inspired design was innovative, high quality, and without adverse visual impact, citing policy HP14 exceptions and precedents. Council contended the design resembled a commercial office and would dominate the landscape. Inspector found the design satisfied HP14's exception for innovative modern buildings, would not harm landscape character given site context and replacement nature, and recommended allowing the appeal with conditions.
Precedent Value
Demonstrates inspectors will allow innovative modern replacement dwellings in countryside if high quality, non-intrusive, and policy-compliant, even with non-traditional materials; applicants should emphasise replacement context over greenfield introduction and provide visibility analysis.
