7 January 2004 · Minister for Local Government and the Environment
Ballavar Farm, Old Castletown Road, Santon, Isle Of Man, IM4 1ey
The proposal was for a new detached two-storey outbuilding providing 3 garages (66m²), workshop (21m²), store (58m²), conservatory (20m²), sunroom (50m² total) and studio (110m²) on the 24-acre farm site at the edge of Ballaveare hamlet.
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The Planning Committee refused initially on 23 December 2003 and confirmed on review on 5 March 2004, stating 'The new building is not modest in size and would resemble in part a new dwelling in what …
Braddan emerging Local Plan policy on residential development
Requires new dwellings/extensions acceptable in residential areas re appearance, size, drainage, access, neighbour impact. Inspector applied emerging plan weight over 1991 Plan, finding site within hamlet envelope; size significant but plot absorbs it without neighbour harm (Shenvalley 40m away); no issues with other criteria.
Planning Circular 3/91
Controls countryside replacements/extensions to modest size/vernacular. Committee/Commissioners cited non-compliance; inspector deemed inappropriate rigor inside residential hamlet, not open countryside.
Braddan Parish District Plan 1991
Policy 5.6 defers hamlet infill until studies (undone); treats Ballaveare as countryside-constrained. Inspector gave lesser weight vs emerging plan reclassifying as residential settlement.
Time limit
The approved development shall be commenced before the expiration of four years from the date of decision.
Ancillary use only
The entirety of the outbuilding may be used only for purposes ancillary to the main dwelling and land-holding, and no part may be utilized as a self-contained dwelling.
no views, no adverse traffic impacts
no objection, recommends smoke detection
The original application 03/01202/B was refused by the Planning Committee on 23 December 2003 and confirmed on review on 5 March 2004 due to the building not being modest in size, resembling a new dwelling in rural landscape, and extending built-up area into countryside without sufficient need. The appellant's grounds of appeal, prepared by Kaz Ryzner MRTPI of Kaz Ryzner Associates, argue that the site is within the existing residential curtilage of Ballaveare Farm in the hamlet of Ballaveare, that emerging Braddan Parish Plan designates the area 'Predominantly Residential' under Policy B/RES/PR/2 supporting such development, cite precedent PA 00/0769/PA for additional dwelling nearby, demonstrate functional need for garaging/storage ancillary to farm use with upper floor for recreational use only, and assert no unacceptable impact on landscape or neighbours. Tree issues addressed via licences for limited felling. No inspector's analysis or decision provided in documents.
Precedent Value
This appeal statement demonstrates effective strategy of emphasising emerging plan weight, agreed curtilage boundaries, functional justification with ancillary use condition, and local precedents to challenge countryside restraint policies. Future applicants in hamlets awaiting plan changes should secure tree licences early and document landscaping contributions.
