21 January 2004 · Planning Committee on review
The Croit, Barrule Road, Foxdale, Isle Of Man, IM4 3es
The application sought approval in principle for two parts: (a) a front extension to the existing dwelling and (b) a detached garage at The Croit, a rural property in the countryside. The front extension was refused twice—initially on 21 January 2004 and upheld on review on 19 March 2004—due to conflict with a prior pl…
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The front extension was refused because it contravened the specific note in prior approval PA95/1718, which explicitly stated 'No approval is hereby granted to the erection of replacement fabric or to…
Guide to the design of residential development in the countryside
The circular governs residential development in countryside locations, restricting extensions and rebuilds to preserve rural character. The officer assessed the front extension as contrary to its provisions due to the site's sensitive rural location and history as a renovated tholtan, where further extension would detract from the cottage's appearance and set an undesirable precedent.
Reserved matters approval
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Part-specific approval
This approval relates to part (b) of the application proposal only.
no objection to this Planning Application
No adverse traffic impacts
DOT Highways initially objected due to insufficient plans, later withdrew objection confirming no adverse traffic impacts; Malew Commissioners had no objection after site visit; Patrick Commissioners deferred pending site visit.
Department of Transport Highways Division
No ObjectionNo adverse traffic impacts.
Malew Parish Commissioners
No Objectionthe Commissioners wish to inform you that they have no objection to this Planning Application.
Patrick Parish Commissioners
No CommentThe Commissioners wish to notify you that they will defer their decision until a site visit has been arranged.
The original approvals in 1996 and 1997 permitted renovation and extensions to the tholtan for residential use under Circular 3/89, but included notes against replacement in case of collapse. During works, the gable collapsed accidentally after roof removal, leading to unauthorised demolition of unsafe walls, necessitating the appealed rebuild proposal (PA98/0022). Appellant argued the rebuild matches the approved design, is a matter of degree from prior plans, and has parish and advisory support. Council defended refusal citing Circular 3/89 prohibiting replacement buildings and precedent risks. Inspector found 'renovate' does not cover full rebuild but noted prior approvals allowed significant fabric replacement; prioritised environmental benefit of replica cottage over derelict site, allowing the appeal with conditions.
Precedent Value
Appeals can succeed for tholtan rebuilds post-accidental collapse if prior approvals contemplated major fabric works and environmental merits favour restoration over dereliction, even against Circular 3/89; applicants should stress unique misadventure and visual benefits.
