29 May 2023 · Planning Committee
Kimmeragh, Ballafesson Road, Port Erin, Isle Of Man, IM9 6tx
The proposal involved erecting a first floor extension (7m x 6m footprint) above an existing single-storey rear extension and flat roof terrace, replacing the flat roof with matching vertically hung slate cladding and dark grey windows to create an en-suite bedroom.
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The officer concluded that while the principle of residential extension is acceptable under Strategic Plan policies (StP2, SP4) and paragraph 8.12.1's presumption in favour of extensions without adver…
Strategic Policy 4
Permits residential development in villages like Ballafesson. Principle accepted given settlement boundary.
General Policy 2
Requires no adverse impact on amenities (g), character (b,c), etc. Neighbour amenity compliant; design/visual impact (b,c) failed due to flat roof scale.
Environment Policy 42
Designed to respect locality character/identity. Materials (slate cladding, re-roofing) positive; extension massing inappropriate.
do not object
No objection
Highway Services HDC stated no highway interest in the application and later confirmed no highway matters to address. Arbory and Rushen Parish Commissioners supported the application in their February response and had no comments in their March response on amended plans.
Highway Services HDC
No ObjectionHighway Services HDC has no interest (NHI) in: 22/01538/B
Arbory and Rushen Parish Commissioners
SupportThe following applications were supported by the Board. a) 22/01538/B Kimmeragh, Ballafesson Road. Erection of first floor extension to the rear elevation, erection of porch to the front elevation and removal of concrete tiles and replaced with slate roofing.
Arbory Rushen Commissioners
No CommentThe Commissioners supported the following applications and had no comments to make. f) 22/01538/B Kimmeragh, Ballafesson Road. Amended plan/additional information.
Highway Services HDC
No ObjectionHighways note the amendments made to the application and continue to advise No Highway Interest.
DOI, Highways Development Control
No CommentOn behalf of Highways Development Control, I advise that there will be no statement from HDC. There are no highway matters to address.
The original application for erection of a first floor rear extension, front porch, and replacement of concrete tiles with slate roofing was refused by the Planning Committee on 22 May 2023 (notice 29 May 2023) due to the size of the flat roof extension not complying with Residential Design Guide 2021 Section 4.7. The appellants argue the refusal fails to assess the whole scheme's benefits (e.g. slate re-roofing, porch), lacks evidence of harm, ignores RDG flexibility for contemporary designs judged on merits, and note limited visibility and contextual improvements. The agent's detailed statement (Sarah Corlett TPC) rebuts the officer's report, highlighting positive officer comments on visual impact, materials, and no neighbour harm. The council's statement restates the officer's report defending refusal on flat roof design despite limited visual harm. No inspector analysis or decision available.
Precedent Value
This appeal highlights the need for refusal reasons to specify actual harm and assess full schemes; appellants succeeded in framing refusal as rigid application of RDG without merits-based judgement, potentially persuasive where visibility is limited and materials high-quality.
