20 September 2023 · Planning Committee
Ballacuberagh Cottage, Sulby Glen, Sulby, Isle Of Man, IM7 2bd
The proposal involves converting a dilapidated historic Old Mill Building, dating back to at least 1886, into a modest one-bedroom dwelling using an innovative steel frame within the retained Manx stone walls, plus a single-storey extension finished in Manx stone and corten weathering steel cladding, increasing the flo…
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The officer assessed the proposal against Housing Policy 11 (HP11), confirming the Old Mill Building's redundancy, structural capability for retention as a non-structural facade supported by an intern…
Housing Policy 11
Requires rural building conversions to prove redundancy, structural intactness, historic interest, subordinate extension not harming character, compatible uses, and services without public cost; must re-establish original appearance using same materials. Officer found building redundant and structurally capable via steel frame retaining stone facade despite dilapidation; innovative contemporary extension (40sqm, 55% increase) subordinate and distinguishing old/new; compatible with neighbours at 23-45m separation.
Environment Policy 1
Protects countryside outside settlements unless overriding need; officer confirmed no adverse countryside impact as site screened 60m from road by buildings/landscaping.
Environment Policy 2
Protects High Landscape/Coastal Value areas unless no harm to character; modest scale/design sits well in landscape, screened from public views including footpath.
Environment Policy 3
Prevents unacceptable woodland loss; 6 trees removed (some poor quality) mitigated by planting 15 natives.
Environment Policy 4
Protects species/habitats; bat survey showed no impact, nesting birds potential addressed by timing.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Mitigation where EP4 impacts; avoidance measures and enhancements conditioned.
Environment Policy 13 - Development and flood risk
No unacceptable flood risk; site outside zones, precautionary tanking/barriers, no watercourse works.
Transport Policy 4
Highways to accommodate development safely; adequate splays, no safety issues.
Transport Policy 7
Parking per standards; 2 spaces and turning provided.
General Policy 2
Requires respect for site/surroundings, no amenity/landscape/highway harm; all tests met via design, separation, screening.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
No extensions
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval.
No garages/free standing buildings
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval.
No forward enclosures
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, other than that expressly authorised by this approval.
No garden sheds/summerhouses
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved.
No greenhouses/polytunnels
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved.
Tree planting
All tree planting comprised in the approved details of tree planting as approved under plan 22 1702/TREES 01 & Section 6 of the Tree Report shall be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Landscaping scheme
No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping (excluding tree planting condition 7) works include details of new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway and footpaths as well as any fencing/walls to all boundaries of the dwellings. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling.
Residential curtilage
No development shall take place until a detail plan defining the residential curtilage has been submitted and approved in writing by the Department and the approved plan shall be fully adhered to and retained thereafter.
Remove temporary track
Prior to the occupation of the dwelling hereby approved the temporary construction access track as shown on plan 22 1702/TREES 01 shall be removed and be re turfed as it existed previously.
Parking and turning
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plan 22 1702/TREES 03. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reinstate Mill Lane
Prior to the occupation of the dwelling hereby approved the approved works for the reinstatement of the Mill Lane as shown on drawings 22 1702/TREES 02 and 22 1702/TREES 03 and Tree Report shall be completed in full, including all tree protection measures and retained thereafter.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Service scheme
Prior to the commencement of any development a detailed service scheme shall be submitted which demonstrates how the new dwelling will be connected to the main electric/water mains via Quarry Lane to the Sulby Glen Road and this approved scheme shall be completed prior to the occupation of the new dwelling and retained thereafter.
No objection subject to access arrangements per drawing and secure covered bicycle storage
Bat survey acceptable, no mitigation required but avoidance measures for bats/birds; condition tree planting; encourage bat/bird boxes
No objections provided no adverse effect on adjacent watercourse
FRA acceptable for permanent dwelling with fixed flood defences if tourist (but tourist use removed)
No issues with tree removal outside bird nesting season
Multiple consultees responded to planning application 23/00711/B for conversion and extension of an old mill building to a dwelling/tourist accommodation. Highways and DEFA Biodiversity raised no objections with conditions, while Manx National Heritage raised concerns about poten…
Key concern: Potential disturbance of historical graves/human remains during service laying in Plot 1520
Highways Development Control
Conditional No ObjectionThe splays provided are more than adequate for the expected speeds of passing vehicles along Sulby Glen Road, which is rural and winding.; Highway Services Development Control raises no objection to the proposal subject to:
Conditions requested: All access arrangements including visibility splays to accord to Drawing No. 22 1702 07; The provision of secure and covered bicycle storage at a rate of one space per bedroom
DEFA Biodiversity
Conditional No ObjectionThe Manx Bat Group’s Bat Survey Report dated May 2023, is all in order and that a suitable level of assessment has been undertaken.; Thorough checks for nesting birds and roosting bats must take place before works commence and throughout the works
Conditions requested: New planting to be undertaken as per the details contained in the Tree Planting Plan dated March 2023 and the Overall Tree Plan (Drg No. 22 1702/TREES 01)
Manx National Heritage
Conditional No ObjectionDue to the number of trees present, on site, it would be difficult to assess whether or not birds were nesting.; To be sure to avoid disturbance works should, ideally, be carried out from the beginning of September through to the beginning of February
Conditions requested: Tree works to be undertaken outside of the bird nesting period from the beginning of September through to the beginning of February
Manx National Heritage
Conditional No ObjectionThe weight of evidence in the form of place-names and local memory is strongly supportive of the presence of a chapel and burial ground.; There is a general principle that human burials should not be disturbed by development
Conditions requested: Either geophysical survey of Plot 1520 tested by limited archaeological excavation with services routed around remains and archaeological watching brief during trenching; Or route services along existing track along north-west boundary of Plot 1520 with archaeological watching brief as precautionary measure
Lezayre Parish Commissioners
ObjectionRefused Unanimous; The Commissioners believe this development is against the following Environment Policies.; The extension would be approximately 83%.
The original application for conversion and extension of the derelict Old Mill to create a new one-bedroom dwelling in a rural AHLV location was approved by DEFA Planning despite objections. Appellants (neighbours at Ballacuberagh Cottage) argued non-compliance with HP11 (not a suitable rural building conversion), flood/drainage risks, poor access, visual/amenity harm, and ecology impacts. The planning authority defended approval citing structural evidence, modest scale, screening, and policy compliance. The inspector found limited strict compliance with HP11 but accepted evolving design practices allowing modern interventions within ruins, dismissed concerns on landscape, flood, access (with conditions), amenity, and ecology, recommending dismissal. The Minister accepted this, upholding approval with detailed conditions on access, landscaping, ecology, and no permitted development.
Precedent Value
Sets precedent for flexible HP11 application to innovative conversions of ruins using modern inserts, prioritising effective heritage retention over strict original appearance rebuilds. Future applicants should provide robust structural/arboricultural evidence and embrace conditions for access/ecology to overcome neighbour objections in sensitive rural/AHLV sites.
Inspector: B J Sims
