31 July 2008
Land Opposite, Ballachree Cottage, Lezayre Church Road, Churchtown, Ramsey, Isle Of Man, IM7 2an
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The original application PA08/1001/A for approval in principle to erect a replacement dwelling was granted by the planning authority, permitting demolition of the dilapidated Ballachree Cottage and replacement within its curtilage due to tree damage incompatibility. Lezayre Parish Commissioners appealed, arguing the site is unzoned, citing Circular 1/88 restricting rural development, and referencing prior refusals. The applicants and planning authority defended it as compliant with Isle of Man Strategic Plan Housing Policies 12 and 14, noting no abandonment, no historic interest, and environmental improvement from relocation. The inspector accepted tree damage evidence, found relocation reasonable, and concurred with policy compliance, dismissing the appeal while recommending a stricter demolition condition. The Minister accepted this, confirming approval on 23 December 2008.
Precedent Value
This appeal confirms that replacement dwellings in rural areas can justify deviating from footprint requirements under HP14 where structural issues like tree damage necessitate relocation for environmental improvement, provided no abandonment or historic value. Future applicants should prioritise engineering evidence and Strategic Plan policies over outdated circulars or non-comparable refusals.
Inspector: Michael Hurley
