29 July 2011 · Delegated
Upper Kirkill, Sloc Road, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
This application sought permission to erect a replacement dwelling at Upper Kirkill, Ballakillowey Road, Colby, Isle of Man. The site extends to approximately 20 acres and includes six fields, an existing traditional cottage with extensions, and associated stables, situated on the western side of the A36 Sloc Road at Lingague. The application was refused in July 2011. Two clear planning concerns drove the decision: the proposed dwelling's design, massing, and overall size were judged to be strikingly out of character with the landscape in which it would sit. Additionally, the application defined a large area of currently open, natural land as residential curtilage, raising concern that this land could be transformed into domesticated garden in ways that would be out of keeping with the area. The officer recommended refusal, and the delegated decision matched that recommendation.
The application was refused on two grounds. First, the proposed replacement dwelling's design, massing, and size would be strikingly out of character with the surrounding landscape. Second, the application defined a large area of currently open, natural land as residential curtilage, which if accepted could lead to that land being domesticated in ways that would be out of keeping with the area.
Refusal Reasons
Housing Policy 14
The proposed dwelling by virtue particularly of its design and massing but also due to its size, would be strikingly out of character with the landscape in which it would sit and thus contrary to the provisions of Housing Policy 14 of the Strategic Plan.
Housing Policy 14: 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 buildi ng should therefore generally be sited on the "footprint" of the existing, and should have a floor area (1), 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 27 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for bui ldings 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. 8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use. 8.12 Extensions to Residential Property 8.12.1 Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a gener al presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general. (3) Floor Space is defined in Appendix 1 (1) Floor Area is defined in Appendix 1 8.12.2 Extensions to properties in the countryside As there is a general p olicy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be ac ceptable where these destroy the existing character of the property. In the case of non -traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable . It may be preferable to consider the redevelopment of non -traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
Erection of a replacement dwelling
Of particular relevance are the two most recent applications for the replacement dwelling
Alterations and erection of extensions
Of particular relevance are the two most recent applications for the replacement dwelling and the alterations and extensions