9 February 2010 · Senior Planning Officer
Bibaloe Moar Farm, Whitebridge Hill, Onchan, Isle Of Man, IM4 5ae
The site at Bibaloe Moar Farm is a detached two-storey farmhouse with outbuildings and Dutch barn in open countryside designated as 'Open Space' in the Onchan Local Plan. The proposal was for approval in principle to demolish the existing derelict structures and build a new dwelling with illustrative plans showing 1003…
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The officer accepted replacement dwellings as an exception to countryside development restrictions under GP3, HP4, and HP12 as the existing dwelling had not been abandoned despite being derelict.
General Policy 3
Restricts development outside zoned areas except specific cases including replacement of existing rural dwellings (HP12-14). Officer confirmed replacement on one-for-one basis is accepted exception to countryside presumption.
Environment Policy 1
Protects countryside from adverse development unless overriding national need. Assessed via replacement exception but proposal's scale and siting failed to avoid adverse countryside impact.
Housing Policy 4
New countryside housing only in exceptional cases including rural dwelling replacements (HP12-14). Officer accepted principle of replacement qualifies as exception.
Housing Policy 12
Replacement permitted unless abandoned or architecturally/historically significant and renovable. Existing not abandoned (despite derelict) so complied.
Housing Policy 14
Replacement must not differ substantially in siting/size (≤50% floor increase, on footprint) unless poor form replaced by traditional character or less visual impact; design per Circular 3/91. Proposal's 274% increase, new siting, non-traditional form (46x16.5m vs recommended 11x5.5m), and prominence failed all exception tests, increasing visual impact.
Do not oppose, has no traffic management, parking or road safety implications
The original application (09/01825/A) for approval in principle to erect a replacement dwelling at Bibaloe Moar Farm was refused, primarily for non-compliance with Housing Policy 14 of the Isle of Man Strategic Plan 2007 due to a proposed 274% increase in floor area over the existing 270 sq m farmhouse. The appellant argued that the assessment improperly focused on illustrative details, policy compliance could be secured via conditions, and no public harm would arise. The Council defended the refusal citing General Policy 3, Housing Policies 4 and 14, emphasizing the excessive size, non-traditional character, and prominent siting harming rural character. The inspector found the principle of replacement acceptable in countryside but concluded the indicative scheme's scale breached policy limits without special circumstances, lacking confidence in a compliant scheme even with conditions. The appeal was dismissed on 28 May 2010.
Precedent Value
Appeals for countryside replacement dwellings require indicative schemes demonstrating clear compliance with HP14 scale/siting limits or special circumstances; granting principle without finite compliant design is inappropriate even with conditions. Future applicants must submit detailed proposals evidencing policy fit from outset.
Inspector: Neil A C Holt TD BArch(Hons) DipTP DipCons RIBA MRTPI
