28 August 2003 · Planning Committee
Ellan Shilley, Barrule Road, Foxdale, Isle Of Man, IM4 3es
The proposal involved renovating an existing single-storey stone cottage (approximately 7.5m x 4.9m, internal floor area 47.69m²) and adding a substantial extension (ground floor increase 46.47m², with first floor in roof space) to create a three-bedroom family dwelling, plus a new level vehicular access with improved …
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The Planning Committee determined the existing building had lost residential use by abandonment, assessed via criteria including poor structural condition (not occupiable, rudimentary accommodation, b…
Planning Circular 1/88 Residential Housing in the Country
Discourages residential development in countryside except for agricultural needs; where residential use lost by abandonment (assessed by structural condition, period of non-use >10 years, intervening uses, intention to abandon), development discouraged; examines significant size increases creating visual impact or loss of character. Officer assessed building as abandoned ruin, proposal as new dwelling and excessive extension failing these tests.
Planning Circular 3/89 Renovation of Buildings in the Countryside
Permits modest extensions only for essential facilities impracticable in existing building, matching design/materials; does not sanction new dwellings via rebuilding ruins. Proposal's major extension (near doubling floor area, first floor raising roof/gables) seen as subsuming original, tantamount to new build, not modest renovation.
no objection to this planning application
no adverse traffic impacts, subject to imposition of access condition in interests of road safety
DOT Highways has no objection subject to a condition ensuring the vehicular access and visibility splays are established before other works commence; Malew Parish Commissioners have no objection.
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions; In the interests of road safety.
Conditions requested: No other works shall be commenced on site until the access with the adopted highway, including visibility splays, has been set out and established to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Malew Parish Commissioners
No ObjectionThe Commissioners wish to notify you that they have no objection to this Planning Application.
The original application (03/00467/B or 03/0467) for renovation and extension of a redundant cottage and new vehicular access was refused by the Planning Committee on 28 August 2003, with reasons including abandonment of residential use creating a new dwelling in countryside, sporadic/ribbon development, and later excessive extension size detracting from character. Appellants argued the building was recently occupied, extension modest for family needs, design sympathetic following officer advice, compliance with policies, and precedents of similar approvals. The Council defended refusal citing strict countryside policies in Circulars 1/88 and 3/89 against rebuilding ruins, abandonment criteria met, and excessive scale. Inspector, after site visit, concluded the structure was a long-abandoned ruin unfit for habitation, proposal tantamount to new dwelling, non-compliant with policy despite design quality and low visibility; recommended appeal dismissal.
Precedent Value
Strict evidence required to prove non-abandonment of rural dwellings; inspector site visits decisive for habitability. Precedents weak unless identical circumstances; policy against rebuilding ruins prevails over sympathetic design or low impact.
Inspector: Terrence Kemmann-Lane
