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The site relates to Ballakerkey Farm Shore Road, Glen Maye.
Approval was granted under PA 03/1933 to demolish the existing dwelling alongside the road and erect a new dwelling alongside the existing agricultural buildings.
Condition 3 stated "Upon the replacement dwelling becoming available for occupation, the existing dwelling must be demolished and removed from the site in its entirety within two months."
It is now proposed to demolish part of the original dwelling but retain the majority for use as a tourist unit.
This is an area of High Landscape Value and Scenic Significance; the area is not zoned for development and the only reason the replacement dwelling was permitted in the first place was because there was a dwelling on the site which had retained its residential status. To retain the original dwelling would mean that the Planning Committee has granted permission for a new dwelling in the countryside contrary to established planning policies and the zoning in the 1982 Plan.
There is no justification for the retention of the original dwelling even if the use is restricted to tourist use. It would be difficult to refuse a change of use to permanent residential use in the future.
It should also be noted that Mr Plant who owns the dwelling next to the site Shady Moar has noted his interest. He has previously asked about the possibility of erecting a house alongside Shady Moar. Officer advice has been to say that planning permission would not be granted. This would be more difficult an argument to sustain if the latest proposal at Ballakerkey Farm were to be approved.
A legal agreement should have been arranged in this case and is clearly what is required in other cases where replacement dwellings are not on the footprint of the existing.
Recommended Decision: Permitted
Date of Recommendation: 11.05.2005
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
A replacement dwelling was approved at Ballakerkey Farm under PA 03/1933. It was permitted under the provisions of Planning Circular 1/88 'Residential development – houses in the countryside'
and was only justified in this area of scenic value, which is not zoned for development, because the original dwelling was to be demolished upon completion of the replacement.
The proposal to now retain the original dwelling would mean that there would be two residential properties associated with the Ballakerkey farm. Even if the original dwelling was to be used for tourist accommodation, the Planning Committee judges that the retention of a second dwelling on the site would be tantamount to the creation of a new dwelling in the countryside. This would be contrary to the land use zoning set out on the Isle of Man (Planning Scheme) Development Plan Order 1982 and the Department’s established policies on development in the countryside as set out in Planning Circular 1/88.
R 2.
Notwithstanding the above, the Planning Committee notes that evidence was presented in respect of PA 02/1477 (which granted planning approval in principle for the replacement dwelling), to demonstrate that it was not economical or practicable to renovate the existing cottage because of its condition and number of defects. There is in the latest application no evidence to now persuade the Planning Committee that the original cottage is structurally sound and now suitable for or capable of renovation.
Decision Made : Develop Committee Meeting Date : 12/5/05
APPLICATION No. 05/00360/13
Planning Committee resolved to confirm initial refusal Review refusal as per initial refusal.
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