20 January 2011 · Planning Committee of the Department of Infrastructure
Cronk Ny Killey, Jalloo, Dreemskerry, Ramsey, Isle Of Man, IM7 1ax
The proposal was for a new two-storey replacement dwelling with a ground floor width of 18m, depth of 8m, ridge height of 9.5m, and total floor area of 234m² (118% larger than the existing 107m² single-storey cottage of 13.5m width, 9.3m depth, 4.8m ridge height), sited 2.8m northwest of the existing footprint in the r…
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The Planning Committee determined that the proposed dwelling's floor area of 234m² represented a 118% increase over the existing 107m², exceeding Housing Policy 14's general 50% limit and not relating…
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size (floor area not more than 50% greater, on existing footprint) unless changes result in environmental improvement or replace poor form with traditional character/less visual impact. Officer found existing of poor form (extensions, modern windows) allowing flexibility, design compliant with Circular 3/91, and setback reducing visual impact; Committee found 118% increase, new footprint/siting caused no improvement and excessive impact.
Environment Policy 1
Protects landscape character in countryside. Proposal harmed character via size/curtilage expansion.
Environment Policy 2
Within AHLV/Scenic Significance areas, development permitted only if no harm to landscape character or location essential. Committee found harm from visual impact and no essential need.
Environment Policy 35
In Conservation Areas, only development preserving/enhancing character permitted. Committee found adverse visual effect on Maughold CA; officer/Conservation Officer found existing compromised, proposal acceptable design.
Do not oppose, has no traffic management, parking or road safety implications
Proposal overcomes previous siting concerns; taking account of other replacements approvals nearby, think it would be unfair to refuse
The original application for a two-storey replacement dwelling, significantly larger (118% increase in floor area) and relocated 2.8m northwest from the existing single-storey Manx cottage footprint, was refused by the Planning Committee despite officer recommendation for approval, citing non-compliance with Housing Policy 14 and adverse landscape impact. The appellant argued the existing dwelling was of poor form, the design complied with Circular 3/91, new siting would reduce visual impact from certain views, and cited precedents of larger replacements. Maughold Parish Commissioners objected strongly on landscape, Conservation Area, and policy grounds. The inspector, following a site visit and public inquiry, found the proposal's size, relocated siting, and increased prominence contrary to HP14, CA/2, and environmental policies, dismissing the appeal. The Minister accepted the inspector's recommendation on 14th July 2011.
Precedent Value
Demonstrates strict enforcement of HP14 post-Strategic Plan; size/siting changes must demonstrably improve environmental impact, not merely replace poor form - future applicants should prioritise footprint retention and provide policy context for comparators in sensitive landscapes/Conservation Areas.
Inspector: John S Turner
