07/01653/BRefused

31 December 2007 · Planning Committee

Demolition of existing Tuck Mill and erection of a dwelling

The Tuck Mill, Slegaby Ride, Onchan, Isle Of Man, IM4 5bw

This decision was appealedAP08/0018

Appeal withdrawn

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Received6 Sept 2007

Validated12 Sept 2007

Committee20 Dec 2007

Decided31 Dec 2007

4 months

Received6 Sept 2007

Validated12 Sept 2007

Committee20 Dec 2007

Decided31 Dec 2007

4 months

Why was this refused?

Countryside location and land designation as open space/private woodland
Failure to retain existing fabric contrary to prior conversion approval and Policy O/RES/P/15
Prohibition on replacement buildings even if identical per Housing Policy 11
Conflict with general countryside protection policies (O/RES/P/22, ENV1, HP4)
Previous approvals established conversion principle only, not demolition/new build

The proposal involved demolishing a former tuck mill building within the Slegaby Farm complex in rural Onchan and erecting a new dwelling replicating the appearance of a previously approved refurbishment scheme, but repositioned 15m away to avoid a mature sycamore tree and structural issues.

Refusal Reasons

✗Whilst Planning Circular 1/2000 specifically refers to the conversion of the existing tuck mill into living accommodation, and planning approval exists for such conversion, the erection of a new-build dwelling on the application site is not referred to within the aforementioned document. Indeed, the erection of a new-build dwelling is contrary to the application site's land-use designation under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2 and planning policies relating to development in the countryside that are contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007. Specifically, the proposal represents unwarranted development that is contrary to Policy O/RES/P/22, and not in accordance with Policy O/RES/P/15, of Planning Circular 1/2000. Furthermore in this respect, the proposal is also contrary to the provisions of Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 that seek to protect the countryside from unwarranted development. It should be noted that, as stated within Housing Policy 11 of the Isle of Man Strategic Plan 2007, the erection of replacement buildings of similar, or even identical, form is not permissible.

Documents (13)

Location Plan

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Decision & Reasoning

Refused31 December 2007

The officer clarified that the proposal was for demolition and new build on a repositioned site, not refurbishment as some drawings erroneously suggested.

Policies Assessed (7)

O/RES/P/22

Policy O/RES/P/22 (Onchan Local Plan)

Prohibits new dwellings outside residential areas, particularly in rural countryside of high landscape value. Officer assessed proposal as unwarranted new development failing this test.

O/RES/P/15

Policy O/RES/P/15

Favourably considers conversion of existing tuck mill retaining fabric, appearance and character. Proposal is new build not retaining fabric, so not supported despite replicating appearance.

ENV1

Environment Policy 1

Protects countryside from development without overriding national need. Site in countryside; proposal adversely affects it without exception.

HP4

Housing Policy 4

New countryside housing only in exceptional cases like conversions or replacements. Proposal fits none.

HP11

Housing Policy 11

Permits rural building conversions retaining fabric and character; explicitly prohibits replacement buildings even identical. Key policy blocking proposal.

HP12

Housing Policy 12

Permits replacement of existing rural dwellings unless abandoned or historic. Tuck Mill not a dwelling; no policy basis for non-dwelling replacements.

HP13

Housing Policy 13

For abandoned dwellings, requires substantial intact fabric. Not a dwelling and full demolition proposed.

Public Comments (7)

SupportOnchan District Commissioners(parish)

Approve

SupportHighways Division, Department of Transport(statutory consultee)

Do not oppose

SupportChief Fire Officer(statutory consultee)

Note received recommending smoke detectors

SupportSeacliffe, Old Castletown Road, Ballaveare, Braddan (Mr A Jessopp)(public)

principle of residential use established but questionable if proposal accords with planning policy

SupportThe Glebe, Slegaby Lane, Hillberry, Onchan(neighbour)

interest expressed, majority of comments not directly related to proposal

ObjectionSociety for the Preservation of the Manx Countryside and Environment(statutory consultee)

ObjectionMr J Cassidy, The Glebe(neighbour)

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People

Anthony Holmes

Case Officer

Clypse Farms Ltd

Applicant

Key Information

Reference: 07/01653/B
Decision: Refused
Date: 31 December 2007
Parish: Onchan
Property: 🏠 Dwelling
Year: 2007
Type: Full Planning Application
Category: New / Dwelling
Scale: minor

Property Details

Property Type: agricultural
Proposal Type: demolition
Context: rural

Sale History (2)

£1,300,000

Jan 2017↑373%

£275,000.25

Jun 2014

Property Planning History (5)

12/00704/BApproved2012

Erection of a detached garage

12/00314/BApproved2012

Refurbishment and extension to create a dwelling

AP08/0018Withdrawn2008

Appeal against refusal for demolition of existing Tuck Mill and erection of a dwelling

07/01653/BRefused2007Viewing

Demolition of existing Tuck Mill and erection of a dwelling

06/01202/BApproved2006

Amendments to approved 03/00470/B to include changing facing stonework for staircase enclosure to curtain walling and approval of reserved matters set out in condition 4 of 03/00470/B

Why was this refused?

Countryside location and land designation as open space/private woodland

Failure to retain existing fabric contrary to prior conversion approval and Policy O/RES/P/15

Prohibition on replacement buildings even if identical per Housing Policy 11

Conflict with general countryside protection policies (O/RES/P/22, ENV1, HP4)

Previous approvals established conversion principle only, not demolition/new build

Refusal Reasons

✗Whilst Planning Circular 1/2000 specifically refers to the conversion of the existing tuck mill into living accommodation, and planning approval exists for such conversion, the erection of a new-build dwelling on the application site is not referred to within the aforementioned document. Indeed, the erection of a new-build dwelling is contrary to the application site's land-use designation under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2 and planning policies relating to development in the countryside that are contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007. Specifically, the proposal represents unwarranted development that is contrary to Policy O/RES/P/22, and not in accordance with Policy O/RES/P/15, of Planning Circular 1/2000. Furthermore in this respect, the proposal is also contrary to the provisions of Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 that seek to protect the countryside from unwarranted development. It should be noted that, as stated within Housing Policy 11 of the Isle of Man Strategic Plan 2007, the erection of replacement buildings of similar, or even identical, form is not permissible.

Policies Assessed (7)

O/RES/P/22

Policy O/RES/P/22 (Onchan Local Plan)

Prohibits new dwellings outside residential areas, particularly in rural countryside of high landscape value. Officer assessed proposal as unwarranted new development failing this test.

O/RES/P/15

Policy O/RES/P/15

Favourably considers conversion of existing tuck mill retaining fabric, appearance and character. Proposal is new build not retaining fabric, so not supported despite replicating appearance.

ENV1

Environment Policy 1

Protects countryside from development without overriding national need. Site in countryside; proposal adversely affects it without exception.

HP4

Housing Policy 4

New countryside housing only in exceptional cases like conversions or replacements. Proposal fits none.

HP11

Housing Policy 11

Permits rural building conversions retaining fabric and character; explicitly prohibits replacement buildings even identical. Key policy blocking proposal.

HP12

Housing Policy 12

Permits replacement of existing rural dwellings unless abandoned or historic. Tuck Mill not a dwelling; no policy basis for non-dwelling replacements.

HP13

Housing Policy 13

For abandoned dwellings, requires substantial intact fabric. Not a dwelling and full demolition proposed.

Public Comments (7)

SupportOnchan District Commissioners(parish)

Approve

SupportHighways Division, Department of Transport(statutory consultee)

Do not oppose

SupportChief Fire Officer(statutory consultee)

Note received recommending smoke detectors

SupportSeacliffe, Old Castletown Road, Ballaveare, Braddan (Mr A Jessopp)(public)

principle of residential use established but questionable if proposal accords with planning policy

SupportThe Glebe, Slegaby Lane, Hillberry, Onchan(neighbour)

interest expressed, majority of comments not directly related to proposal

ObjectionSociety for the Preservation of the Manx Countryside and Environment(statutory consultee)

ObjectionMr J Cassidy, The Glebe(neighbour)