**Document:** AP250011 Appeal Statement on Behalf of the Applicant
**Application:** AP25/0011 — Appeal against the refusal for erection of replacement dwelling
**Decision:** Appeal accepted - PA APPROVED
**Decision Date:** 2025-10-17
**Parish:** Lezayre
**Document Type:** appeal / appeal_statement
**Source:** https://planningportal.im/a/88414-lezayre-thie-dhorlish-replacement-dwelling/documents/1141998

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# AP250011 Appeal Statement on Behalf of the Applicant

Appeal Ref: AP25/0011 Proposal: Appeal agains the refusal for erection of replacement dwelling. Planning Ref: 25/90119/B Address: Thie Dhorlish, Rhenab Road, Cornaa, Ramsey, Isle Of Man, IM7 1EL.

Mr Keith Hoyes, Thie Dhorlish, Ballaglass, Cornaa, Maughold, IM7 1EL.

Statement Of Case Description Of Proposal

The proposal is for a replacement dwelling and seeks to essentially replace the dwelling that would have been refurbished and finished from the previous permission granted under application reference 22/01470/B.

The Site

The site is Thie Dhorlish, Rhenab Road, Cornaa, Ramsey, which previously housed a two-storey detached dwelling located on the east of Rhenab Road, which has now been demolished.

The application site is identified in the 1982 Development Plan as 'white land' within the countryside that is not zoned for development. The site is not within a Conservation Area but falls within an Area of High Landscape or Coastal Value and Scenic Significance. The site is not within a Conservation Area or a registered tree area. It is also not in a Flood Risk zone.

Planning Status

Planning permission was approved on the 17th March 2023 for refurbishment, partial demolition of existing extension and erection of a new single-storey extension. Minor site clearance works around the house were undertaken by the owner in February 2024 after a very harsh winter. Due to the precarious nature of the existing building he obtained the services of a professional demolition contractor to carry out works to the house, before the start of the bird nesting season. Unfortunately following the removal of the rear extension, the contractor informed the owner that the house was in such a poor condition that it was very unstable and could not be left as it was, as it was a Health and safety risk and if anyone went on the plot it could potentially collapse. As there were families in houses adjacent the owner decided that the best solution was for the Contractor to demolish the house safely while he was there that day.

Planning History PA 22/00618/A - Approval in principle to build a replacement three bedroom two story house with a separate garage and workshop was REFUSED. The reason for refusal was "failing to comply with General Policy 3 and Housing Policy 12 of the IOM Strategic Plan 2016." PA 22/01470/B Planning permission was APPROVED on the 17th March 2023 for Refurbishment, partial demolition of existing extension and erection of a new single-storey extension, the

dwelling was then demolished. PA 24/00805/B Planning application was REFUSED for the construction of a replacement dwelling. The reason for refusal related to the dwelling having been demolished already and so the development constituted new unsustainable residential development in the countryside.

Representations Garff Commissioners - There were no objections to these proposals. Members felt that the design and scope of the proposed dwelling were relatively in-keeping with the previous cottage and would not be inappropriate in this location. DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking subject to vehicular access, the front boundary wall and vehicular parking on approved plans implemented before first occupation and retained thereafter (for highway safety purposes). A S109 highway agreement will be required for the access works onto the publicly adopted highway. Ecosystem Policy Team - No objection subject to condition Public Comments – No objects from any member of the public and a letter of support was sent in by the adjacent neighbour and is attached to Appendix 4.

Reasons For Refusal of PA25/90119/B

- 1. As a result of the previous demolition of the original building, which results in there being no dwelling present within the application site, it is considered that the residential use of the site has been abandoned. As such, the proposed development represents new build housing in the countryside on land not zoned for development and is unacceptable in principle. The development conflicts with Housing Policy 12 (a), Housing Policy 13 and does not satisfy any criteria set out under General Policy 3.
- 2. In the absence of an existing dwelling on the application site, the proposed development would result in the development of a new build dwelling outside of a designated town or village where planning policy does not support such a use. The proposals therefore represent an unsustainable form of development that would encourage unsustainable travel and encroachment into the countryside. The proposal therefore conflicts with Strategic Policies 1, 2, and 10, Spatial Policy 5 and Housing Policy 4.

The refused application is in fact supported by General Policy 3. Previously the was a residential dwelling on the site. The redevelopment of the site would reduce the current situation on the landscape or the wider environment and would result in improvements to the landscape and wider environment.

We disagree with the reasons for refusal of the application as the policies on previously developed land clearly refer not only to sites which contain a structure, but ones that previously contained a structure, which is the case here. What is proposed would be attractive and would sit comfortably in amongst the other residential properties and the site was very recently occupied by a dwelling.

We would like the Inspector to assess the application in line with the following policies : The following policies from the 2016 Strategic Plan :

- General Policy 2 - General Development Considerations.
- General Policy 3 - Exceptions to development in the countryside.

- Strategic Policy 1 - Efficient use of land and resources.
- Strategic Policy 2 - Development focussed in existing towns and villages.
- Strategic Policy 3 - Development to safeguard character of existing towns and villages. Strategic Policy 5 - Design and visual impact. Strategic Policy 11 - Housing needs. Spatial Policy 5 - Building in defined settlements or GP3.

- Environment Policy 1 - Protection of the countryside and inherent ecology.
- Environment Policy 2 - Protection of High Landscape or Coastal Value and Scenic Significance.

Housing Policy 4 - directs new housing to settlements other than in exceptional circumstances and cross references the policies which set those circumstances:

- a. essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
- b. conversion of redundant rural buildings in accordance with Housing Policy 11; and
- c. the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.

Transport Policy 4 - Highway Safety Transport Policy 7 - Parking Provisions

Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are;

Infrastructure Policy 5 (water conservation and management), Planning Policy Statement 3/91 provides guidance on the design of residential development in the countryside. The following policies within the guide are considered relevant:

- Policy 2: new buildings are to be integrated with the landscape and where in groups, with each other. Single buildings in prominent locations can only be considered if they are satisfactory in all respects and include landscape proposals.
- Policy 3: the shape of small and medium sized new dwellings should follow the size and pattern of traditional farmhouses. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form.
- Policy 4: external finishes are expected to be selected from a limited range of traditional materials.
- Policy 5: doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms.
- Policy 6: chimneys are considered important features and their provision following past patterns is recommended.
- Policy 7: Existing features are an essential part of the rural scene. New work should follow and respect successful past patterns.

Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. We would also like the Inspector to review this application against 2 similar Planning Applications approved by the Planning Department :

- 1. PA 07/00958/B & PA 10/00090/REM
- 2. PA 21/01234/A, PA 22/01404/B & PA 23/00739/B The fact that there is no longer any dwelling on the site, the principle of a dwelling being developed on the site has been established. Planning permission was approved on the 17th March 2023 for Refurbishment, partial demolition of existing extension and erection of a new single-storey extension under PA 22/01470/B.

Could the Inspector please take the pragmatic view that the demolition, at that time, was very recent and done without the knowledge of the potential planning implications. Furthermore, it was recognised that the site had accommodated a dwelling for a number of decades with the existing access and curtilage in place. All Utility Services are still available at the property.

The Case Officer confirms in their report that :

Having regard to the above, it is considered that the proposed development fails to comply with Housing Policies 12 and 13 and cannot be considered as a replacement dwelling scheme virtue of the residential use of the site having been abandoned, which is clearly evidenced by the demolition of the original dwelling more than 12 months ago.

The dwelling was demolished in March 2024. PA 24/00805/B was submitted on the 16th July 2024 following a meeting with a Senior Planning Officer on the 9th April 2024 who's advice was to submit a new Planning Application for a Replacement Dwelling. This was only 4 months after the demolition following discussions with the owner of the site on what type and style of dwelling that they wanted the application to be designed to. This was refused and the Appeal request was refused by the Planning Department. Advice again from the Planning Department was to submit a further application. It was then 11 months later after the demolition on the 12th March that PA 25/90119/B was submitted and again refused.

The Case Officer also confirms in their report that :

Having regard to other matters, there would be no in-principle objection to the design of the development which is generally reflective of the 2022 application that was permitted to restore and extend the building. Similarly, the impacts upon highway safety, residential amenity and biodiversity would likely be acceptable.

Conclusion

The site is not zoned as within a residential area, but zoned in an area not zoned for development. However as indicated within my report I consider on balance that General Policy 3 paragraph C, does allow for development on previous developed land and this particularly site would comply with the policies set out. The site is located within an area of a number of residential properties (see Appendix 2) with a varied mix of architectural styles that can be seen in Appendix 3. Any concerns that approval of this application could set a precedent for future development on other sites should be discounted. The fact the site complies with the definition of previously developed land, and as the site complies with General Policy 3, particularly paragraph C, there are considerable amount of policies in place to ensure inappropriate development in the countryside cannot take place. For these reasons the proposal would seem appropriate in this location.

The proposal in terms of massing and proportion follow the lines of a traditional Manx cottage, as does the finishes of the dwelling the proposal in terms of its design is acceptable.

The application also proposes two off road parking spaces within the site, as well as a turning provision. The application would therefore comply with the relevant parking standards as indicated within the Isle of Man Strategic Plan.

It is also considered the proposal would result in adequate amenity space, whilst also having clear and pleasant outlooks. Externally, the proposal would have a reasonable sized garden for a dwelling of this size to the south of the dwelling, but also have a smaller garden to the north of the dwelling. For these reasons it is considered the proposal would have acceptable amenity standards for future occupants.

Unfortunately the appellant was unaware of the potential consequences of his actions to fully demolish the dwelling due to the precarious state it was in, whilst on site when attempting to demolish only the rear annex of the house with the contractor on site. Once it was confirmed to me as the agent, I had meeting with the Planning Department to resolve the situation and was advised to submit a further Planning Application.

The refused application is supported by General Policy 3. Previously the was a residential dwelling on the site. The redevelopment of the site would reduce the current situation on the landscape or the wider environment and would result in improvements to the landscape and wider environment.

Its position adjacent to both neighbouring dwellings and the amenities thereof, which is attractive and thermally and energy efficient would enhance the appearance of the site and the area which is identified as of landscape importance, and it would accord with the intentions of Housing Policies 12 and 14 of the Strategic Plan as well as tackling Climate Change.

The new replacement dwelling gives the owner the opportunity to create a sustainable and Eco friendly totally new build replacement dwelling, in line with the Isle Of Man Governments initiatives and guidelines, whilst being sympathetic to and retaining the character and appearance of a traditional Manx building in the countryside.

It is recognised that the Isle Of Man Government is committed to reaching zero carbon emissions by 2050 and have set an interim target of 45% reduction by 2030.

We believe that this scheme is worthy of support and would ask that consideration be given to approving this application at Appeal.

I Gareth M Roberts will be attending the hearing and would like to bring Mr Keith Hoyes the owner of the site to answer any questions raised at the hearing.

Appeal Statement - Appendix 1 Design Statement - Replacement Of Existing Dwelling, Thie Dhorlish, Ballaglass, Cornaa, Maughold, IM7 1EL.

Thie Dhorlish was purchased by the present owner in July 2021. Planning permission was approved on the 17th March 2023 for Refurbishment, partial demolition of existing extension and erection of a new single-storey extension. Minor site clearance works around the house were undertaken by the owner in February 2024 after a very harsh winter. Due to the precarious nature of the existing building he obtained the services of a professional demolition contractor to carry out works to the house, before the start of the bird nesting season. Unfortunately following the removal of the rear extension, the contractor informed the owner that the house was in such a poor condition that it was very unstable and could not be left as it was, as it was a Health and safety risk and if anyone went on the plot it could potentially collapse. As there were families in houses adjacent. the owner decided that the best solution was for the Contractor to demolish the house safely while he was there that day. Please refer to the Demolition Contractors email in Appendix 1.

Appendix 2 shows the sales document from when the dwelling was purchased in 2021 and the amount of vegetation that was already established on the existing structure.

![A photograph of a dilapidated, two-story stone cottage surrounded by dense trees and overgrown vegetation, with a stone wall in the foreground.](https://images.planningportal.im/2025/04/6861851.jpg)

Appendix 3 confirms in the Bat Survey carried out in January 2024 that the building was in a poor state and was potentially subject to further collapse.

We are now resubmitting the application for a new replacement dwelling after speaking to a Planning Officer it was confirmed that the best solution for a new application would be to keep to the existing foot print that had been approved under PA22/01470/B for the Refurbishment, partial demolition of existing extension and erection of a new single-storey extension at Thie Dhorlish, Rhenab Road, Cornaa, Ramsey, Isle Of Man, IM7 1EL.

In the application we have submitted comparison plans which cleary show the replacement dwelling to be the same footprint of that approved under PA22/01470/B and the new proposed elevations, which are similar in terms of scale and massing, but a visual improvement on the existing approved elevations, being of very similar style, proportions and materials.

Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside provides a standard for typical housing developments in rural areas.

Policy 5 states: "Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms."

“Roof forms are simple and generally unbroken by dormers, the only feature being robust chimneys located in the gable walls.”

“The fenestration of vernacular dwellings is typically symmetrical with three upper front windows over a central doorway which is flanked by single windows. The upper windows maybe smaller than those on the ground floor in some instances.”

“The windows are normally timber double hung sashes in comparatively small openings relative to dominant area of solid wall surface. Window reveals are usually deep and often have a render finish where in stonework.”

“Main doorways can be surmounted by a flat arch or emphasised with small porches.” These are all features that are incorporated in to the design. Although the footprint to the 2 storey element could benefit from being 1 metre deeper and 2.5 metres wider to conform to the proportions of a traditional rural dwelling is was considered more prudent to follow The Planning Officers advice and submit the building as the previous approval. With its rural setting it is not considered to have negative impact the character of the building group as well as the landscape of the area, as it replaces the existing dwelling albeit moved over and back by 1.2 metres making it more central in the plot. This also allow enhanced entrance and egress for the 2 no. car parking spaces provided in the safer driveway configuration, allowing the cars to drive in and out in a forward motion. There is no concern for overshadowing or overbearing, neither is there is no concern for overlooking due to the orientation and levels of the site.

It is recognised that the Isle Of Man Government is committed to reaching zero carbon emissions by 2050 and have set an interim target of 45% reduction by 2030.

The new replacement dwelling gives the owner the opportunity to create a sustainable and Eco friendly totally new build replacement dwelling, in line with the Isle Of Man Governments initiatives

and guidelines, whilst being sympathetic to and retaining the character and appearance of a traditional Manx building in the countryside.

Energy efficiency is the most cost-effective strategy for reducing heating and cooling bills. We will improve thermal efficiency of the walls, windows and roof by more insulation or better glass specification. The design specification to be constructed will be an improvement over currently utilised specifications and exceed the current Building Regulation requirements. Whilst looking at the design of the new dwelling, we have explored various energy strategies that are being promoted within the UK and looked to incorporate them to make us as fully compliant as we can anticipate going forward. We want to promote sustainability and energy efficiency. We also aim to make the dwelling and design flexible to be able to incorporate any positive and advantageous new systems, that become available as the construction period allows. Below is a summary of some of the Energy initiatives we will be using :

- • ASHP
- • High levels of insulation above Building Regulations
- • Installation of high performance windows
- • Air tight Building Fabric
- • EV charging point
- • Materials sourced locally
- • Local tradesmen to be used
- • LED lighting
- • Rainwater harvesting
- • Environmentally friendly materials and paint

To reduce the Carbon Footprint the landscaping design will include planting schemes to enable this as per the landscaping plan that will be subject to a condition.

Composting facilities will be provided for the dwelling and incorporated into the landscaping.

## Appendix 1

![A photograph showing a white detached house with a conservatory, situated behind a dry stone wall and wooden fence in a rural setting.](https://images.planningportal.im/2025/04/481701.jpg)

## Appendix 2

![A street-level photograph of a two-story stone house situated on a slope, featuring a stone boundary wall and driveway next to a narrow rural road.](https://images.planningportal.im/2025/04/481703.jpg)

![A photograph showing a white two-story detached house with a slate roof and a concrete driveway.](https://images.planningportal.im/2025/04/481704.jpg)

## Location

From Ramsey take the A2 Laxey Coast Road and turn left at the Hibernia Crossroads. Continue for approx. 800 metres turning right where signposted for Ballaglass Glen. Continue over the tramlines and follow the road down past Ballaglass Glen car park and past The Fish Hatchery and start to head up the road and Thie Dhorlish can be found on the left hand side, clearly identified by our For Sale Board.

## Dimensions

Cottage measures approx. 15'6 x 27'10
Single Storey Lean-to approx. 11'6 x 26'6
Bathroom approx. 7'6 x 7'6
Garage approx. 16'4 x 22'9

## Possession

On completion. The company do not hold themselves responsible for any expenses which may be incurred in visiting the same should it prove unsuitable or have been let, sold or withdrawn.

DISCLAIMER - Notice is hereby given that these particulars, although believed to be correct do not form part of an offer or a contract. Neither the Vendor nor Chrystals, nor any person in their employment, makes or has the authority to make any representation or warranty in relation to the property. The Agents whilst endeavouring to ensure complete accuracy, cannot accept liability for any error or errors in the particulars stated, and a prospective purchaser should rely upon his or her own enquiries and inspection. All Statements contained in these particulars as to this property are made without responsibility on the part of Chrystals or the vendors or lessors.

## Viewing

The property can ONLY be viewed externally. Under no circumstances can you enter the property/outbuildings or garage and care and attention must be taken when walking boundaries.

![A photograph showing a detached cream house and a separate garage building situated on a sloping rural site with driveway access.](https://images.planningportal.im/2025/04/481706.jpg)

## Appendix 3

### Summary

[Table omitted in markdown export]

No evidence for the presence of bats was found in the building although some features were noted which provide limited potential for day roosts or hibernation. Care should be taken when removing the ivy and loose render.

### Introduction:

The Ecosystem Policy Officer requested a preliminary assessment for bats following consideration of planning application PA 22/01470/B – Refurbishment, erection of a single storey extension and roof terrace, Thie Dhorlish, considering its position immediately adjacent to woodland and/or water and the known nearby presence of other bat roosts.

### Methods:

The property was inspected for potential use by bats on 19th January 2024.

### Results:

The Manx Bat Group has records of roosting bats at three properties within 200 metres of Thie Dorlish.

Thie Dorlish is a two-up two-down stone cottage adjacent to the entrance to the Cornaa fish hatchery, alongside the Cornaa river. Sitting in the valley bottom it is heavily shaded by nearby mature broadleaved trees. Earlier extensions to the rear had reportedly been reduced to low walls which have now been levelled leaving the original cottage standing alone.

The roof has almost completely collapsed over the southern half of the house and is in a parlous state of collapse in the northern half where the roof lining is hanging down, exposing fibreglass insulation. What parts of the roof remain have ivy and bushes growing from them.

The southern chimney stack is leaning precariously and inspection was necessarily confined to the ground floor since the first floor is now missing. An old honeycomb was noted in the collapsed fireplace having probably fallen from higher up the chimney.

Most of the internal plaster has fallen away presenting many cracks and crevices in the stonework. These are some cracks and exposed stonework on the external walls along with ivy growth.

View from south showing house front and south gable

View of rear of the property

The owner informed the surveyors of his intention to renovate the property, undertaking work by hand to expose the walls for consideration by a structural engineer,

### Evaluation

There is no evidence of bat use of the building and no prospect of it being used as a maternity roost. Whilst there are cracks and crevices present which have the potential for use as day roosts, or even for hibernation by individual bats, detailed inspection above head height was considered a health and safety risk.

### Impact Assessment

The proposed works will have no effect on the local bat population although some care should be taken removing ivy, loose render and stonework, lintels etc. Recommendations are provided.

### Caveats

This report is considered to have validity for two years from its date of submission due to the state of the property.

Apart from maternity roosts, bats can be found individually or in low numbers in buildings for a variety of reasons, depending on season, from hibernating, night shelter, mating or occasional roosts. Sometimes such roosts are occupied opportunistically and cannot be predicted in advance. If a bat is found in the course of the development then work should cease and advice sought from DEFA Biodiversity officers.

The Manx Bat Group reserves the right to submit any biological records collected during the preparation of this report to the appropriate biological records office.

### Appendix I: Recommendations

It is considered that the project would have minimal impact on bats and so mitigation is confined to recommendations for working practices.

Work on the house to remove ivy and loose render should be undertaken by hand and should start after the end of March which would minimise the chance of disturbing any hibernating bats. If any bat is found work should cease and notification be given to the Ecosystem Policy Team at DEFA who will provide advice as to how to proceed.

N J Pinder
Recorder, Manx Bat Group
21st January 2024

## Appeal Statement - Appendix 2

![A site location plan showing the proposed development site outlined in red, labeled 'The Dronish', situated near Comnaa Mill and Ballyloughan Road.](https://images.planningportal.im/2025/04/6861853.jpg)

## Appeal Statement - Appendix 3

![A photograph of a white detached house featuring a conservatory extension, situated behind a prominent stone boundary wall and wooden fence.](https://images.planningportal.im/2025/04/6861854.jpg)

![A white detached cottage with a slate roof is situated on a hillside next to a narrow road, surrounded by stone walls and garden vegetation.](https://images.planningportal.im/2025/04/6861855.jpg)

Mr Gareth Roberts
Croit Ny Meagh
Rhenab Road
Cornaa
IM7 1EL
4th April 2025

Dear Mr Roberts,

25/90119/B-Erection of Replacement Dwelling
Thie Dhorlish, Rhenab Road, Cornaa IM7 1EL

I understand that you are acting on behalf of Mr Keith Hoyes in the above planning application. My property shares a boundary with Thie Dhorlish and I therefore have an interest in any development of that site.

The old stone cottage was to some extent a blight on the area, but at least it gave some purpose to site. I supported the plan to renovate and extend the old building although I had doubts of the practicality of the project. This was due to the fragility of the fabric of the building. I was not surprised when the partial demolition of the cottage caused it to collapse.

The Thie Dhorlish site is now a piece of waste land which is even more of blight on the neighbourhood. During the spring and summer, the Thie Dhorlish vegetation and weeds invade our garden. We don't like having to spray weed killer along our common boundary, but it is the only way we can keep the vegetation under control.

I fully support this latest application and hope that we will soon have an attractive building on the site along with a cared for garden instead of the current weed covered waste land.

Yours sincerely

redacted

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/88414-lezayre-thie-dhorlish-replacement-dwelling/documents/1141998*