31 July 2008 · Director of Planning and Building Control (delegated under Article 3(13) of the Town and Country Planning (Development Procedure) Order 2005)
Land Opposite, Ballachree Cottage, Lezayre Church Road, Churchtown, Ramsey, Isle Of Man, IM7 2an
The proposal seeks approval in principle to demolish Ballachree Cottage and erect a replacement dwelling on adjacent land opposite the cottage in Churchtown, Ramsey, within an unzoned woodland area of High Landscape Value or Coastal Value and Scenic Significance.
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The site is unzoned 'woodland' within a High Landscape Value or Coastal Value and Scenic Significance area, where General Policy 3 restricts development except for specific cases including replacement…
General Policy 3
Restricts development outside zoned areas except for specific cases including replacement of existing rural dwellings (Housing Policies 12-14). The officer applied the exception (d) for replacement dwellings, finding the proposal qualifies as it replaces Ballachree Cottage without abandonment.
Environment Policy 2
Protects character of High Landscape or Coastal Value areas unless development does not harm landscape quality. Officer assessed that screening by trees, hedgerows, and dwellings ensures no harm to landscape character from public views.
Housing Policy 12
Permits replacement of countryside dwellings unless abandoned or of architectural/historic interest capable of renovation. Ballachree Cottage assessed as not abandoned and lacking merit due to poor extensions, so principle of replacement acceptable.
Housing Policy 14
Replacement dwellings must not be substantially different in siting/size unless improving environment; generally on existing footprint. Siting shift to adjacent land accepted as short distance with no significant visual impact due to screening; size/design deferred to reserved matters.
Time limit and reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Plans approval
This approval relates to the replacement of the existing dwelling Ballachree Cottage with a new dwelling as proposed in the submitted documents and drawing 1145-00 all received on 14th May 2008.
Demolition details
The details submitted under Condition 1 above must include details of the timing of the demolition of the existing dwelling, Ballachree Cottage, the removal of all demolition material and the reinstatement of the site to garden area.
Do not oppose
Note received
Complies with Housing Policy 12 & 14 and therefore has no objection
Isle of Man Water Authority requests standard water connection condition; Highways Division has no objection; Andrew Jessopp supports the application on planning policy grounds; Lezayre Parish Commissioners object and appeal the approval citing lack of zoning and policy conflicts.
Key concern: The land for the proposed dwelling is not zoned for development.
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: a condition of planning be that 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 single connections to a water main (i.e. a single dwelling) the applicant should contact loMWA Customer Services, tel. 69 59 49
Andrew Jessopp
No ObjectionAs this application appears to satisfy HP12 and HP14 I have no objection to the application.
Lezayre Parish Commissioners
ObjectionThe commissioners have always objected to this planning application
Highways Division
No ObjectionDo not oppose
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
