13 August 2008 · Minister for Local Government and the Environment following appeal Inspector's report
High Bank, Knock Froy Road, Santon, Isle Of Man, IM4 1jd
The proposal sought approval in principle to erect a replacement dwelling on a site adjacent to the existing modern bungalow (High Bank) in open countryside, allowing the applicant to live in the existing house during construction before its demolition and restoration to agricultural use.
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The officer assessed the off-site replacement as compliant with Housing Policy 14, as changes in siting and size (up to 400 sq.m floor area) would result in 'overall environmental improvement' by repl…
Housing Policy 14
Requires replacement dwellings not substantially different in siting/size unless resulting in overall environmental improvement; generally on existing footprint, floor area not >50% larger, traditional design per Planning Circular 3/91 Policies 2-7. Officer found off-site siting acceptable as it replaces poor non-traditional bungalow with traditional cottage of approved 400 sq.m size, improving privacy/separation, agricultural access, and design without visual harm.
Time limit for reserved matters
This approval is in principle only and will remain valid for a period of two years from the date of this decision within which time no development shall take place until such times 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 materials shall form the subject of a single application.
Approved site position
This permission relates to the principle of the erection of a replacement dwelling in the position shown in the drawings received on 25th June 2008.
Design and size criteria
The new dwelling must be designed generally as a transitional cottage as described in Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside. Regard will be paid to the size of the dwelling already permitted on the site of the existing dwelling as approved under PA06/890 and a dwelling accommodating this amount of floor space (approximately 400 sq.m.) will be acceptable if provided in accordance with the above design criteria.
Demolition of existing dwelling
Within one week of the first occupation of the new dwelling hereby approved the existing property of High Bank shall be vacated of all persons, stores and domestic furniture and equipment and within three months of the first occupation of the replacement dwelling, High Bank shall be demolished, all materials removed from the site and the site restored to use as an agricultural field.
Residential curtilage boundaries
The residential curtilage of the new dwelling must be formed as shown in the approved drawings and constructed as a traditional Manx bank in accordance with Planning Circular 1/92 and this shall be completed before the first occupation of the hereby approved replacement dwelling.
Visibility splays
Prior to the commencement of works on site, visibility splays of 2 m by 18 m must be accessible to drivers of vehicles emerging from the site onto the access lane and from the lane onto the roadway leading to the A5 Castletown Road. If works are required to the roadside hedges to achieve this, these works must be included in the application for reserved matters.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the replacement dwelling. Any trees or plants which within a period of five years from the first occupation of the replacement dwelling die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
no planning objection, noted underground cables/overhead lines but not material
no objection subject to visibility splays of 2m x 18m and three off-street parking spaces
standard practice to retain existing dwelling during construction; size addressed in approval notes
Department of Transport requests no objection subject to visibility splays and parking conditions; Manx Electricity Authority requests standard contact condition due to nearby cables; neighbours and a member of public raise concerns about site relocation, demolition assurances, and policy compliance.
Key concern: fails to provide any explanation for a change in the proposed site for the replacement building, which is believed to be required by HP14
Department of Transport
Conditional No ObjectionDo not subject to the imposition to the following condition
Conditions requested: Visibility splays of 2 metres x 18 metres are provided; Three off street parking spaces are required to serve the needs of the existing and proposed development
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Conditions requested: a condition of planning be that the applicant must contact the Authority; Contact the M.E.A. for Electrical Site Safety 5 documents before any work is carried out on site
Mr A Killeen & Miss S Lewthwaite
Conditional No Objectionwe have no objection in principle to the demolition of the existing and construction of a replacement dwelling however we have some concern that if the application in principle is granted to construct the replacement dwelling on a different site; Section 18/527 agreement/covenant and condition of planning approval would satisfy our concerns
Conditions requested: Section 18/527 agreement/covenant and condition of planning approval would satisfy our concerns [to ensure the existing dwelling is demolished prior to any commencement of works relating to the replacement dwelling]; designed and constructed to strictly meet the 'design for new dwellings in the countryside' criteria in all respects with particular regard to its siting, design, size and means of vehicular access etc; this will form the boundary/extent of the domestic curtilage if this application is approved with the remainder of the land ie area of land outlined blue being retained as agricultural land
Andrew Jessopp
Objectionit still fails to provide any explanation for a change in the proposed site for the replacement building, which is believed to be required by HP14
The original application 08/01241/A for approval in principle to erect an off-site replacement dwelling at High Bank was permitted by the Planning Committee on 12 August 2008, subject to condition 4 requiring demolition of the existing dwelling within three months of completion of the new dwelling. Neighbours Mr Anthony Killeen and Miss S Lewthwaite appealed specifically against the ambiguous wording of condition 4, arguing it lacked enforceability and citing scenarios where both dwellings could remain occupied. The Department defended the condition as adequate, while the applicant noted it was standard practice to occupy the existing dwelling during construction. The inspector agreed with the appellants on the ambiguity of 'completion', recommended rewording to 'first occupation' with a one-week tandem use period and three-month demolition timeframe, and also amended condition 5 and added a landscaping condition. The appeal succeeded to the extent of these modifications, maintaining approval in principle.
Precedent Value
This appeal sets precedent that vague terms like 'completion' in replacement dwelling demolition conditions are unacceptable; future approvals must use 'first occupation' with tight tandem occupancy limits. Applicants/agents should anticipate neighbour challenges on enforceability and propose precise wording upfront.
Inspector: John S Turner
