1 March 2016 · Committee
Thie Ny Chibbyr, Glen Road, Colby, Isle Of Man, IM9 4hw
The application sought approval in principle to demolish the existing dwelling, Thie ny Chibbyr, on the western side of Colby Glen Road, and replace it with a new detached house and detached garage. The site is characterised by a mix of broadleaved and coniferous trees along its road boundary, which the officer's report noted dominate and give character to the streetscene. During the application, the plans were revised to relocate both the proposed vehicular access and the dwelling itself, with the aim of reducing the number of trees to be removed and achieving a better fit on the site. Despite these amendments, the application was refused on 1 March 2016. The deciding body concluded that construction would likely damage the retained trees, and that even if it did not, the proximity of those trees to the new building meant their long-term future could not be assured. Any further tree loss would break up an existing continuous stand, harm the appearance of the area, and make the new dwelling more visually prominent.
The Department of Environment, Food and Agriculture refused the application. The central reason was that building the replacement dwelling would likely damage the existing trees on the site boundary, and even if construction avoided immediate harm, the proximity of the trees to the new building would put their long-term survival at risk. Loss of those trees would harm the character and appearance of the area by breaking up a continuous stand of trees visible from the road.
Refusal Reasons
Housing Policy 14
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.
larger houses
Policy 8 of Planning Circular 3/91 which refers to larger houses
