4 May 2006 · Minister for Local Government and the Environment following Planning Appeals Inspector's report
Ballure, Ballure Promenade, Ramsey, Isle Of Man, IM8 1nn
The proposal involved demolishing the existing single dwelling on a 0.67 hectare coastal site in Ramsey and replacing it with a 4-storey Art Deco-style apartment block containing 15 units, 30 parking spaces (including garaging cut into the slope), and associated works including a sewage pumping station.
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The Planning Officer found the principle of residential redevelopment acceptable in the residential zone but considered the specifics flawed due to the building's height: 'the proposed building is at …
Specific Area Development Briefs
Requires proposals to safeguard settings of Manx Electric Railway/St Mary's Church and regard amenity of trees/gardens in Ballure area F. Officer deemed not particularly relevant as focused on Queens Valley land, though objectors argued applicability to trees/garden amenity; principle accepted despite small woodland designation.
Policy R/R/P3
Presumption against developing 'breathing spaces' with trees/green space in residential areas; requires pre-application consultation. Officer found not applicable due to site's large size/non-dense uniform residential context.
Backland Development and Development in the Grounds of Houses
Presumption against backland/grounds development on well-landscaped sites with ample trees where house retained. Officer interpreted as inapplicable since proposal replaces house, treating site as empty plot.
No adverse traffic impacts subject to condition allocating 2 parking spaces per apartment
No objection subject to flats registration under Housing (Flats) Regulations 1982
No objection subject to consultation under Fire Precautions (Flats) Regulations 1996
No objection subject to contact for multi-connection details
No objection subject to access/lift/disabled parking requirements
The original application for 15 apartments was refused by the Planning Committee on 4 May 2006 solely on grounds of excessive height causing dominance detrimental to visual amenity. The appellant argued the height was appropriate, design echoed Art Deco seaside style, site coverage acceptable, and it would not dominate views or affect 'Dunluce', supported by pre-application officer advice. The Council defended the refusal on height impacting public views from beach and footpaths. The inspector agreed the principle of residential development was acceptable but concluded the height would overpower hillside views from public vantage points, destroy the compositional contribution of 'Dunluce', and dominate its sea outlook, causing noise/light disturbance and harming its setting as a Registered Building. The Minister accepted the inspector's recommendation to dismiss the appeal on 22 November 2006, confirming refusal for slightly different reasons focused on height and 'Dunluce'.
Precedent Value
Dismissal emphasises protecting settings of Registered Buildings even with distance/screening, especially sea outlooks in semi-rural edges; height must preserve public view compositions including subsidiary landscape elements; pre-application advice not binding if scheme flaws emerge.
Inspector: Terrence Kemmann-Lane
