23 October 2023 · Delegated - Principal Planner (Jason Singleton)
Ballacallin Beg Cottage, Foxdale Road, Garth, Crosby, Isle Of Man, IM4 2hn
The proposal involved converting a redundant Manx stone barn and partly demolished timber stables into a 4-bedroom single-storey dwelling with extensions creating an enclosed glazed courtyard, increasing the floor area by approximately 166% to 390m².
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The officer refused the application because the site is in protected countryside not allocated for development, where new residential use is strictly controlled under STP2, STP10, SP5, GP3, HP4a, HP15…
Strategic Policy 10
Site dependent on motorised travel; combined with access issues, fails sustainable transport aims.
Spatial Policy 5
Presumption against development in unallocated countryside; no overriding need demonstrated.
General Policy 3
Allows exceptions for rural conversions but only if meeting strict tests; failed due to excessive new build and no personal circumstances.
Housing Policy 11
Requires building substantially intact, structurally capable, of historic interest, modest extensions; failed on multiple criteria: 75% new build, no structural survey, unsuitable stables, non-subordinate extensions, wall removal eroding character.
Housing Policy 15
Extensions only if respecting form/proportion, exceptionally over 50% floorspace; 166% increase not subordinate, harms barn character.
Environment Policy 1
Protects countryside for its own sake; development adversely affects openness unless overriding national need (none shown).
Environment Policy 15
Visual impact policy; extensions fail to respect traditional character, unacceptable scale/extent in countryside.
Transport Policy 4
Requires safe access; failed to demonstrate visibility splays per Manual for Manx Roads.
Bat Report acceptable, no roosting bats found, no avoidance/mitigation required but recommend bat boxes as enhancement
Highway Services initially raised concerns about access width, visibility splays, and passing places but ultimately raised no objection after revisions; DEFA Biodiversity requested and later accepted bat surveys confirming no roosting bats; Environmental Protection sought confirmation on septic tank discharge.
Key concern: substandard access junction and narrow lane impacting road safety
Highway Services HDC
No ObjectionThe following planning applications have no significant negative impact upon the highway network... Highway Services HDC does not oppose (DNO) the following applications.
DEFA Biodiversity
Conditional No ObjectionUK Bat Conservation Trust (BCT) bat survey guidelines (3rd edition) recommend that bat surveys are undertaken prior to the modification or conversion of all pre-1914 buildings with slate roofs; Survey reports should be submitted prior to determination
Conditions requested: preliminary assessment for roosting bats is undertaken on the building by a suitably qualified ecological consultant; report detailing the findings... submitted to Planning prior to determination; surveys undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016)
Department of Infrastructure Highways Development Control
A Stage 1 Road Safety Audit would be required to support the junction modification.; Recommendation: Additions and revisions.
Environmental Protection Officer
No Commentplease can the applicant or agent confirm the discharge route for the septic tank effluent.; If the discharge is connected to a soak-away; percolation tests will need to be carried out
DEFA Biodiversity
No ObjectionThe Manx Bat Group’s Bat Report... is all in order and that a suitable level of assessment has been undertaken.; no avoidance and mitigation measures are required
DOI Highways
No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal.; Recommendation: DNO
The original application for conversion of redundant stone barn and timber stables to a single-storey 4-bedroom dwelling with extensions, glazed courtyard, eco-features, and parking was refused by a Principal Planner under delegated powers on 23 October 2023. Refusal reasons cited conflict with countryside protection policies due to >75% new build, lack of structural evidence, failure of HP11 criteria, unacceptable visual impact from 166% floorspace increase exceeding HP15 50% limit, and inadequate highway details. The appellant argued site history of approvals, policy support from prior officers, modest extensions, eco-benefits, no visual harm in grouped setting, and highways resolution. The inspector's analysis found the principle unacceptable under EP1, GP3, HP11 due to excessive new build (166% increase), lack of structural survey, non-subordinate extensions altering barn character; visual harm to buildings and spaciousness under HP15; highways acceptable with details but insufficient to outweigh harm. Appeal dismissed on first two refusal reasons (principle and visual impact); highways not decisive.
Precedent Value
Demonstrates strict enforcement of HP11/HP15 for rural conversions: structural evidence essential; extensions must be truly modest/subordinate (<50% floorspace, preserving original form/appearance); site precedents not automatically applicable without matching circumstances. Future applicants need engineering reports, precise floorspace calcs excluding demolished structures, and designs minimising new build.
Inspector: REDACTED