**Document:** Officer Report 10/01452/B
**Application:** 10/01452/B — Erection of a replacement dwelling (comprising amendments to PA 10/0078B)
**Decision:** Refused
**Decision Date:** 2010-12-02
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/37228-german-ballacallin-cottages-replacement-dwelling/documents/1361996

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# Officer Report 10/01452/B

**Application No.:** 10/01452/B
**Applicant:** Braeside Developments
**Proposal:** Erection of a replacement dwelling (comprising amendments to PA 10/0078B)
**Site Address:** Ballacallin Cottages Gordon Peel Isle Of Man IM5 3AR ### Considerations Case Officer : Mr Steve Stanley
**Site Visit:** Yes
**Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Patrick Commissioners Notes: Deferred till after November 8th. 10.11.10 - no comment. Consultee : Highways Division Notes: Do not oppose Consultee : Manx Electricity Authority Notes: See note 2

### Officer's Report

### The Site

The site relates to the existing dwelling Ballacallin Cottage which sits on the eastern side of the A27. To the north of the dwelling is 1, Ballacallin Cottages which is close but not attached to the application property. The site extends to the south of the existing cottage having mature trees to its southern and eastern boundaries along with some trees on the roadside boundary. The existing dwelling is set back a short distance from the road and has a generally run down appearance. The site slopes from west to east.

### Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as an Area of High Landscape or Coastal Value and Scenic Significance. Within the adopted Isle of Man Strategic Plan 2007, the following policy is considered relevant in the assessment of this application:

Housing Policy 14, which states:

"Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the 'footprint' of the existing, and should have a floor area, which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building.

Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."

## **PLANNING HISTORY**

No applications have been submitted in respect of this site. However, the following applications have been submitted in respect of 1, Ballacallin Cottages:

- PA 94/0273 - provision of new garage/workshop and hardstanding - permitted
- PA 98/1325 - erection of conservatory to rear of dwelling - permitted
- PA 01/1136 - installation of uPVC windows - split decision
- PA 01/1851 - installation of uPVC sliding sash in front elevation - permitted
- PA 04/2134 - extension on rear elevation - permitted
- PA 07/1542 - demolition of existing dwelling and erection of detached dwelling - permitted

PA 07/2344 - demolition of existing dwelling and erection of a detached replacement dwelling - refused for the following reason:

"Whilst the proposed replacement dwelling would comply with Housing Policy 14 of the Isle of Man Strategic Plan with regard to the increase in floor area, the re-siting of the dwelling, the principle of which was established by Planning Application 07/01542/B, was only accepted on the strict condition that any replacement dwelling be comparable in terms of frontage length with the existing dwelling. The proposed dwelling would have a substantially longer front elevation than the existing cottage which would result in an unacceptable increased impact upon the surrounding area."

PA 09/1064 - demolition of existing dwelling and erection of a detached replacement dwelling - refused for the following reason:

"The design of the proposed dwelling, particularly the steep roof pitch, would fail to represent a traditional dwelling as envisaged by Planning Circular 3/91 and required by Housing Policy 14 of the Strategic Plan. Furthermore, the steepness of the roof combined with the inclusion of eaves level gable windows would result in the proposed dwelling having a visual impact much greater than the existing dwelling. Therefore the proposal would fail to accord with the objectives of policy aimed at ensuring that replacement dwellings relate closely to the buildings they replace in terms of visual impact so that the resulting impact is appropriate for the countryside."

10/00078/B - erection of a replacement dwelling. Permitted. **REPRESENTATIONS** The Highways Division does not oppose this application. Patrick Parish Commissioners do not object to this application. The Manx Electricity Authority has provided an advisory note. 22 November 2010 10/01452/B Page 2 of 4

## Assessment

The principle of replacing the existing dwelling has been established and accepted through the granting of approval for planning application 07/01542/B and most recently under 10/00078/B. In considering the principle of replacing the existing cottage, it was judged that the replacement of the dwelling may afford more privacy and amenity for the occupants of 1, Ballacallin Cottages and the dwelling, if re-built within the field and further from the road would be lower and would arguably have a reduced visual impact.

The main issue to be assessed in the consideration of this application are whether the proposal would comply with HP14.

The proposed design is traditional in accordance with Planning Circular 3/91 and the proposed resiting has previously been judged to represent an improvement over the existing situation and there is no reason to reach a different conclusion now. As such the main issue is whether the size of the replacement dwelling would be acceptable.

PA 10/00078/B was approved as the dwelling proposed was within the 50\% limit set out by HP14 and the design was traditional in accordance with HP14 and was comparable in terms of impact with the existing dwelling. The revised proposal adds a side extension to the approved dwelling which would be single storey as viewed from the front but due to the slope of the land would have a lower ground floor. The floor area increase would equate to  over the existing dwelling. The side extension would unbalance the front elevation to an extent which is judged to be a retrograde step compared with the approved scheme.

Previous applications for this site have been refused on the basis that proposals have sought dwellings that were larger than the existing by more than . This application represents a form of incremental expansion which if approved would thwart the objectives of HP14 which seeks to ensure that replacement rural dwellings relate closely to the buildings that they replace.

### Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Patrick Parish Commissioners
The following are not granted Interested Party Status:
The Manx Electricity Authority
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

### Recommendation

Recommended Decision: Refused Date of Recommendation: 22.11.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval

## N : Notes attached to conditions

### R : Reasons for refusal

### 0 : Notes attached to refusals

### R 1.

The proposed replacement dwelling would fail to comply with Housing Policy 14 as it would have a floor area  larger than the existing dwelling to be replaced. This would result in the new dwelling having a greater visual impact over the existing dwelling and would be harmful to the amenities of the countryside.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.

Decision Made : Refused Date :
Signed :
Senior Planning Officer

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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/37228-german-ballacallin-cottages-replacement-dwelling/documents/1361996*
