8 January 2004 · Minister for Local Government and the Environment
Ballavar Farm, Old Castletown Road, Santon, Isle Of Man, IM4 1ey
The proposal involved adding two two-storey wings to the existing replacement dwelling at Ballaveare Farm, each with a 6m x 7.5m footprint providing about 90m² additional floorspace, including en-suite bedrooms, dressing room, study, play room, utility and porch.
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The Planning Committee refused initially on 23 Dec 2003 and on review 5 Mar 2004, reasoning 'The proposed extensions would result in a dwelling which looks significantly larger and grander than the ex…
Braddan emerging Local Plan policy on residential development
Emerging 2001 plan (post-inquiry Feb 2004) zones site residential, permitting alterations/extensions acceptable in detail (appearance, size, drainage, access, neighbour impact). Inspector gave substantial weight as near-adoption with no site-specific objections at inquiry; proposal compliant as plot absorbs scale, no neighbour harm, access/drainage uncontentious.
Planning Circular 3/91
Requires replacement dwellings in countryside to resemble originals (e.g. footprint/width limits). PA91/0827 condition 5 invoked to refuse as extensions exceed road elevation width; inspector noted policy context changed by residential zoning, condition less binding.
Time limit
The approved development shall be commenced before the expiration of four years from the date of decision.
Extensions substantial but not excessive or warranting refusal given plot size; prior width condition unreasonable; tree loss minimal
no views, no adverse traffic impacts
no objection, recommends smoke detection
recommend approval
This document contains representations from local residents objecting primarily to application 03/01202/B (outbuilding) but mixed views on 03/01203/B (dwelling extensions), alongside Braddan Parish Commissioners recommending approval of 03/01203/B initially but refusal on review; no statutory consultees present.
Key concern: non-compliance with Planning Circular 3/91 and original approval conditions PA91/0827
Braddan Parish Commissioners
Conditional No ObjectionThe Commissioners would recommend approval of the above application [PA03/1203]; The Commissioners would recommend refusal of the above application [PA03/1202] as it does not comply with the provisions of Planning Circular 3/91
Braddan Parish Commissioners
ObjectionThe Commissioners would therefore request that the Planning Committee reconfirms their decision to refuse the application, on Review
Mrs K Hawkins
Objectionthe proposed development would have a detrimental impact on the landscape and cause a loss of amenity to surrounding properties; the proposals in this application go too far and that the Committee should refuse permission
Mrs K Hawkins
ObjectionI support the decision of the planning committee and ask that they uphold their decision at the review
Andrew Jessopp
Supportalterations and extensions to the main building... do not believe they are of sufficient magnitude to have a detrimental impact; proposal for the erection of a new building adjacent to the existing outbuilding would appear excessive and intrusive
Andrew Jessopp
Supportextensions... are not excessive and I support the applicant's request for this decision to be overturned at review; Whilst I support the committee's decision to refuse this application [1202]
Mr P. Walls & Mr R.P. Walls
Objectionproposed living accommodation and garages will if successful be detrimental to the future valuation of "Shenvalley"; past extensions and current application are turning this property into a Mansion and we question whether or not this is in keeping with the area
Mr P. Walls & Mr R.P. Walls
ObjectionWe fully agree and endorse the decisions made by the Planning Committee; absolutely no justification for 03/01202/B
P.S. Wess
Objectionthe application to erect a new outbuilding... is most strongly objected to
The original applications for alterations/extensions to the existing dwelling (03/01203/B) and erection of an outbuilding with garaging/workshop/store/additional living accommodation (03/01202/B) were refused by Braddan Planning Committee on 23 December 2003 and confirmed on review on 5 March 2004. Refusal reasons cited tree loss, excessive scale exceeding prior replacement dwelling conditions (PA 91/0827), non-modest size of outbuilding resembling a new dwelling extending into countryside, and insufficient justification/need. The appeal proof of evidence argues both proposals are within established residential curtilage of hamlet of Ballaveare, supports consolidation/infilling under extant Braddan Parish District Plan Policies 5.6-5.8 and Planning Circulars 2/92, 3/91, and accords with emerging plan designating site 'Predominantly Residential' under Policy B/RES/PR/2 following unchallenged public inquiry. Appellant provides tree felling licences, evidence of extensive tree planting, functional needs (no existing garaging/storage), minimal neighbour/landscape impact, prior approvals in hamlet (e.g. PA 00/0769), and accepts ancillary use condition for outbuilding upper floor. Recommends both appeals allowed subject to conditions.
Precedent Value
Demonstrates value of leveraging advanced-stage emerging plans (post-inquiry) and precedents in hamlets; future applicants should secure curtilage agreement, provide functional justification, and mitigate trees early. Highlights committee rigidity on prior conditions absent policy evolution.
