12 August 2022 · Delegated
Little Admiralty House, Rhenab Road, Cornaa, Ramsey, Isle Of Man, IM7 1el
This application sought approval in principle to demolish and replace an abandoned two-storey detached dwelling at Thie Dhorlish, Rhenab Road, Cornaa, with a new three-bedroom two-storey house along with a separate garage and workshop. The site lies on the east side of Rhenab Road, close to its junction with Ballaglass Glen Road. It falls within an Area of High Landscape or Coastal Value and Scenic Significance, and sits outside any area given a specific land use designation in the development plan, meaning it is considered countryside. The application was refused on 12 August 2022 by delegated decision. The officer's recommendation was also to refuse. The countryside and landscape designations applicable to the site appear to have been central to the refusal, though the full reasons are not available in the supplied evidence.
The application was refused on 12 August 2022 under delegated authority. The officer also recommended refusal. The site sits within an area of High Landscape or Coastal Value and Scenic Significance, and the property is treated as being in the countryside rather than within any designated settlement, which weighed against approving a replacement dwelling of this scale.
General Policy 3
fail in compliance with General Policy 3
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Housing Policy 12
Housing Policy 12: The replacement of an existing dwelling in the countryside will generally be permitted unless: (a) the existing building has lost its residential use by abandonment; or (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status (1) by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use(2) or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon.
Housing Policy 13
fail to comply with General Policy 3 and Housing Policy 13
Housing Policy 13: In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway. (1) Habitable Status is defined in Appendix 1 (2) Non residential use is defined in Appendix 1 This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement bu ildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original). 8.11.2 It is important that replacement dwellings should relate closely to the buildings they replace in terms of siting and size, that the resulting visual impact is appropriate for the countryside, and that existing stone and slate are re-used.
