24 October 2006 · Minister for Local Government and the Environment
Part Of Field 2368, Croit E Caley, Colby, Isle Of Man, IM9 4aw
The proposal involved alterations and a first floor extension over the single-storey annex of a previously approved dwelling (PA 02/01097), aiming to resemble a traditional Manx farmhouse with dormer windows, relocated chimney, and amended landscaping including reduced-height fencing.
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The Minister considered the independent inspector's report following a third-party appeal and concurred with its conclusions.
Development Brief 19, Arbory and East Rushen Local Plan
Requires single dwelling resembling traditional Manx farmhouse per Policies 2-7 of Circular 3/91, landscaping to soften impact from neighbours/railway, and DoT-approved access/drainage. Inspector found design failed: oversized, incoherent fenestration, non-traditional form, adverse views from road/railway despite amendments.
Policy 2 - Siting, Planning Circular 3/91
Requires integration with landscape/not isolated. Officer and applicant argued site relates to nearby dwellings; inspector did not dispute.
Planning Circular 3/91 'Guide to the design of residential development in the countryside' Policy 3
Suggests ~11m x 5.5m for traditional cottages; proposal 21m x 9.5m (329% larger). Inspector ruled excessive bulk, failed 'simple country house' despite ridge reduction.
Policies 4-7 (Materials, Windows/Doors, Chimneys/Eaves, Features), Planning Circular 3/91
Officer found materials/design compliant post-amendments; inspector criticised dormers (non-traditional), misaligned windows, off-centre porch/chimney as incoherent vs. approved symmetrical scheme.
Do not oppose; no adverse highway impacts; responded to amended plans with no further comments
No objections to amended plans but stress retention of stone walls and trees
No objection implied (consulted, no adverse comments noted)
Notes for connection; no planning objection
Notes on cables/lines; contact required but no objection
Recommends smoke detection (building regs note, no planning objection)
Manx Electricity Authority and Isle of Man Water Authority raised no objections but requested contact for utility connections; Rushen Parish Commissioners had no objections but stressed retention of stone walls and trees; multiple local residents objected strongly on grounds of overdevelopment, scale, and non-compliance with local plan.
Key concern: Underground Cables/Overhead Lines present in the area
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact Anthony Kinrade or Ian Horsey...
Conditions requested: applicant must contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept, Network Services, Manx Electricity Authority, (Tel. 687705) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Rushen Parish Commissioners
No ObjectionNo objections, but it should be stressed to the developer that they should retain the existing stone walls and trees.
Conditions requested: it should be stressed to the developer that they should retain the existing stone walls and trees
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
The original application (06/00906/B) for alterations and a first floor extension to an approved dwelling (PA 02/01097) was granted full approval by the Planning Committee on 24 October 2006. Local residents, led by Mr Andrew Kneen, appealed the approval, arguing the proposal exceeded the size and design requirements of Development Brief 19 in the Arbory and East Rushen Local Plan 1999 and Planning Circular 3/91. The applicant (Hartford Homes Limited) defended the approval, asserting compliance with policy through amended designs and landscaping. The inspector, after written representations and a site visit, found the extension increased the dwelling's bulk, failed to resemble a traditional Manx farmhouse, and adversely impacted the locality's visual character. The appeal was allowed on 7 December 2006, quashing the original permission.
Precedent Value
Demonstrates third parties can successfully appeal approvals via written representations if tying arguments tightly to Local Plan briefs and Circular 3/91 metrics. Future applicants must strictly adhere to size/form guidance in rural design briefs; relying on prior permissions risks reversal if original exceeded policy.
Inspector: John S Turner
