3 October 2023 · Delegated - Principal Planner (Chris Balmer)
Spring Waters, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
The proposal involves converting a redundant single-storey outbuilding (former stone cottage and garages, 49 sq.m floor area) within the curtilage of Springwaters Farm into a dwelling, with two single-storey extensions (north: 5m x 4.5m, 22 sq.m; west: 4.3m x 4.7m, 20 sq.m) increasing the total floor area to 91 sq.m (8…
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The officer assessed the proposal against a presumption against new homes in the countryside but found exceptions under General Policy 3(b)/(d) and Housing Policies 11/13 applicable, as the building i…
Spatial Policy 5
Requires building in defined settlements or per GP3; officer linked to GP3 exceptions for rural conversions, finding proposal acceptable in countryside context.
General Policy 2
General development considerations including design, visual impact (b,c), and neighbouring amenity (g); extensions complement adjacent buildings, no amenity harm, limited visual impact from public views.
General Policy 3
Exceptions to countryside development (b/d) for conversions; applied via linkage to HP11/13, accepting principle due to intact redundant building.
Environment Policy 1
Protection of countryside; no adverse impact as existing structure restored, extensions not dominating, aligned with rural character.
Environment Policy 2
Protection of AHLV character; proposal preserves historic building amid farm group, no detriment.
Housing Policy 11
Conversion of rural buildings; sequential tests met (redundant, intact fabric retained, habitable layout, fits character, services available); extensions assessed exceptionally.
Housing Policy 13
Extensions to converted rural buildings; intact to eaves/roof, access/services ok, extensions >50% floor area but subordinate single-storey forms justified on balance for viability.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Ancillary occupancy only
The extensions and alterations to the existing building hereby approved shall not be occupied at any time other than for purposes incidental to the enjoyment of the residential use of the dwellinghouse, also known as 'Springwaters Farm', and shall not be separated, sold off or occupied as an independent dwelling unit. Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
No permitted development rights
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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 13 - Greenhouses and polytunnels; Class 14 - Extension of dwellinghouse; Class 15 - Garden sheds and summer-houses; Class 16 - Fences, walls and gates; Class 17 - Private garages and car ports; Class 18 - Domestic Fuel storage tanks; Class 19 - Replacement of waste water treatment system; Class 21 - Erection of decking; Class 22 - Solar Panels; Class 23 - Heat Pumps; Class 23A - Air Source Heat Pumps. Reason: To control future development on the site.
Per approved drawings and reports
The development works hereby approved shall be carried out in full accordance with the approved drawings and approved structural reports. Reason: The proposed works have been considered on an exceptional basis against Housing Policy 11 and 13 and that the original structure is to be retained.
No objection
Highway Services has no objection. Ecosystem Policy Officer requests bat and bird surveys prior to determination. Malew Parish Commissioners raise policy concerns regarding new countryside dwelling. DEFA Environmental Protection Unit seeks confirmation of septic tank discharge method.
Key concern: appears to be a new dwelling in the countryside contrary to Housing Policy 4
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The proposals would be negligible/unnoticeable to the extant use of the site.
DEFA Ecosystem Policy Officer
Conditional No Objectiona preliminary assessment for roosting bats and nesting birds is undertaken on the dwelling by a suitably qualified ecological consultant; Survey reports should be submitted prior to determination of this application, in line with best practise, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013); Bat surveys should be undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016)
Conditions requested: preliminary assessment for roosting bats and nesting birds undertaken by suitably qualified ecological consultant; report detailing findings of preliminary assessment and any additional surveys, alongside appropriate avoidance and mitigation measures, submitted to Planning prior to determination; survey reports submitted prior to determination in line with best practice per BS 42020:2013 Section 9.2.4
Malew Parish Commissioners
ObjectionFrom the description this appears to be a new dwelling in the countryside and therefore contrary Housing Policy 4. It is difficult to establish from the application whether or not Housing Policy 11 is satisfied, which would allow the proposal.
DEFA Environmental Protection Unit
No Commentplease can the agent/applicants confirm the following information; Discharge method for the existing septic tank.; If the effluent is discharging into a watercourse please contact the Environmental Protection Unit on 685885 to discuss licensing the discharge.; If the effluent is discharging into a soak-away please ensure the tail drains aren't blocked and suitable percolation is achieved by the land.
