11 July 2016 · Delegated
Claddagh Mill House, Sulby Bridge, Sulby, Isle Of Man, IM7 2ez
The proposal was for approval in principle only — no detailed design was submitted. The site plan indicated an indicative position for the new dwelling to the north of the existing building. The site is in the countryside outside any zoned development area, so the key planning question was whether a replacement dwelling could be justified under General Policy 3 and Housing Policy 12 of the Isle of Man Strategic Plan. Housing Policy 12 allows replacement of an existing rural dwelling unless the building has lost its residential use through abandonment, or it is of architectural or historic interest and capable of renovation. The officer assessed the existing dwelling against these tests and concluded that neither exception applied, meaning the principle of replacement was acceptable. The detail of the new dwelling — its design, scale, and materials — would be assessed separately through a reserved matters application, primarily against Housing Policy 14.
The replacement dwelling was permitted in principle because the existing property had not been abandoned and was not of architectural or historic interest requiring renovation. Under Housing Policy 12, replacement of rural dwellings is generally acceptable where those exceptions do not apply. The application was approved with six conditions, with detailed design matters reserved for a later application.
Renovation of Buildings in the Countryside
Condition 1
- 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Condition 2
- 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Condition 3
- 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Condition 4
- 4. The application for the reserved matters application must demonstrate that the replacement of the existing dwelling does not result in any adverse impact on existing trees and must include the following: - o A full BS5837:2012 survey (with survey plan) - o A tree constraints plan for trees to be retained - o A tree protection plan for trees to be retained Reason: To safeguard the appearance of the development and the surrounding area.
Condition 5
- 5. The application for the reserved matters application must include a bat survey. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats.
Condition 6
- 6. The replacement dwelling must accord with Housing Policy 14 which provides guidance on the replacement of dwellings in the countryside. Reason: to accord with the principles of the Strategic Plan and to protect the countryside.
