28 July 2008
Ellan Cottage, Postal Locality, Jurby East, Isle Of Man, IM7 3ha
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The original application for erection of a replacement two-storey dwelling was refused by the Planning Committee due to excessive increase in floor area (220% over existing 114m² cottage), breaching Strategic Plan Housing Policy 14 on size limits for countryside replacements. Appellants argued family needs post-fire, poor condition of cottage, misleading pre-application advice, and policy flexibility. Third party MHK supported minimum family accommodation with no objections. Inspector found clear conflict with Policy 14 on siting, size (220% increase), and no justification under 'poor form' exception due to limited visual harm from existing extensions and vagueness of policy terms. No special circumstances outweighed countryside protection; appeal dismissed on 10th November 2008.
Precedent Value
Demonstrates strict enforcement of Policy 14's 50% floor area limit in countryside replacements; applicants must provide robust evidence for 'poor form' exceptions and avoid relying on personal circumstances or officer discussions to override policy.
Inspector: David Bushby BA [Hons] MCD MRTPI
