1 March 2010 · Planning Committee
Keristal, Ballanass Road, Lower Foxdale, Isle Of Man, IM4 3be
The proposal amends a previously approved detached dwelling and garage (PA 08/00280/B) by adding a basement level (lower ground floor with living rooms, study, WC, and yard) following a ground condition report, while keeping the same footprint and height. It also alters the front retaining wall.
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The proposal amends an approved dwelling (PA 08/00280/B) by adding a basement without changing footprint or height, resulting in minimal additional visual impact due to the site's topography and exist…
General Policy 3
GP3 permits development outside zoned areas including replacement of existing rural dwellings (Housing Policies 12,13,14). The site qualifies as replacement following demolition of original dwelling under prior approvals.
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size unless resulting in environmental improvement; generally on footprint and <50% larger floor area; design per Circular 3/91 or innovative without adverse impact. Proposal departs on size via basement but accepted due to no additional visual impact over approved scheme, site's landform, and prior committee approval of larger dwelling.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the erection of a detached dwelling and garage, Keristal, Ballanass Road, Lower Foxdale, Patrick as shown by SC929/P/10-00, SC929/P/10-00E, SC929/P/10-02C and SC929/P/02D received 18th November 2009 and M4675/405/P1 received 2nd February 2010.
Roof materials
The roof(s) must be finished in dark natural slate.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
Driveway prior to occupation
Prior to the occupation of the dwelling, the vehicular driveway access shown on the submitted plans must be constructed and available for use.
Timber doors/windows
All doors, windows and fascias shall be of timber construction.
Conservation roof lights
All roof lights must be "Conservation" type.
Do not oppose has no traffic management, parking or road safety implications. Note: Visibility splays of 2 x 36 required as in stated in 08 application.
Patrick Parish Commissioners do not oppose the amendments but request sight of the ground condition report explaining the garage addition. Highways Division does not oppose, noting no traffic implications and referencing visibility splays from the previous application.
Key concern: perplexed as to how a 'ground condition report' could result in the apparent addition of an integral garage or shed under the building
Patrick Parish Commissioners
Conditional No ObjectionThe Commissioners do not, on the face of it, wish to oppose the amendments.; They are, however, perplexed as to how a "ground condition report" could result in the apparent addition of an integral garage or shed under the building.; They would appreciate sight of a copy of the report to enable full consideration of the matter.; It appears that there is no change to the height, area or impact of the dwelling
Conditions requested: sight of a copy of the ground condition report to enable full consideration of the matter
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications; Note: Visibility splays of 2 x 36 required as in stated in 08 application
The original application (08/02338/B) for demolition of an existing dwelling at Clybane Farm and replacement with a larger 3-storey Manor house, garage, new access, and bus shelter relocation was approved by the Planning Committee. Neighbours (Mr & Mrs M Newton) appealed, arguing harm to Georgian architecture, landscape, and precedent for greenfield development. The appellant (Heritage Homes Ltd) and Committee defended the proposal as compliant with Housing Policy 14 via relocation for environmental improvement, modern Georgian design, and minimal visual impact excluding basement. The Inspector found substantial differences in siting (65m relocation into agricultural field) and size (including partial basement), no overall environmental improvement, non-compliance with Circular 3/91 and Policy 14 exceptions, and intrusive visual impact. No special circumstances outweighed the countryside intrusion objection, leading to recommendation to refuse, which the Minister accepted on 9 December 2009.
Precedent Value
Appeals must strictly adhere to HP14 siting (near footprint) and size limits including functional basements; relocations into open countryside fields create unacceptable intrusions even if lower profile. Future applicants should site replacements within existing curtilage/groups, as Minister noted without prejudice to such schemes.
Inspector: David Bushby
