17 January 2020 · Delegated - Head of Development Management (Stephen Butler)
Agricultural Buildings Adjacent To Field 414319 & 414311 Ballakillowey Road Colby Isle Of Man
The proposal involves converting two redundant stone barns (one single-storey long barn and one shorter two-storey barn) into a dwelling by adding a modest 5m x 4m link extension, installing windows and doors mostly in existing apertures, adding rooflights, and re-grading land at the rear.
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The officer assessed the proposal against Housing Policy 11 (HP11), confirming the barns are redundant for agriculture, substantially intact and structurally capable of renovation (per structural repo…
General Policy 3
Prohibits development outside zoned areas except conversion of redundant rural buildings of value (cross-ref HP11). Officer found the barns qualify under exception (b), permitting on exceptional basis in undesignated countryside per Area Plan for the South 2013 Map 7.
Strategic Policy 1
Requires optimising use of redundant buildings and efficient sites utilising infrastructure. Re-use of barns with existing services complies, avoiding new build in countryside.
Environment Policy 1
Protects countryside unless overriding need. Conversion re-uses existing structures without adverse countryside impact, no overriding need required due to policy exception.
Environment Policy 4
Protects habitats/species. Bat survey confirmed no roosting, bats foraging nearby unaffected; DEFA content.
Environment Policy 7
Protects watercourses (min 8m buffer). Works over 9m from stream, no impact on pond 60m+ away.
Housing Policy 11
Permits rural barn conversions if redundant, intact, of interest, suitable size with modest extension, compatible uses/services, using original materials/appearance. All criteria met: redundancy/agricultural unsuitability evidenced, structural report confirms intactness, historic stone barns, link subordinate, compatible with nearby dwellings, services exist; condition retains buildings in full.
Recreation Policy 5
Retains existing public rights of way. PROW maintained through site with gates/stiles per amended plans.
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Vehicular access and visibility splays
The development hereby approved shall not be occupied until the means of vehicular access and visibility splays have been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only and the visibility splay(s) thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level. Reason: In the interests of highway safety.
Development in accordance with approved plans; retain stone outbuildings
The development works to the outbuildings hereby approved shall be carried out in accordance with those details as shown on drawing number 18/38/05 Rev A date stamped 11/10/2019. Notwithstanding those works approved and for the avoidance of doubt the two stone outbuildings shall be retained in full. Reason: In the interest of preserving the historic interest of the original barn buildings and the development has been considered on an exceptional basis against Housing Policy 11.
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. Reason: To control future development on the site.
In support
Do Not Oppose Subject to Conditions
Content with bat survey findings, no further action required
Highway Services provided conditional no objection requiring visibility splay maintenance, access surfacing completion, and a Section 109A agreement; DEFA Biodiversity initially requested a bat survey but later confirmed no further action needed; Rushen Parish Commissioners suppo…
Key concern: highway visibility splays and access surfacing
Department of Infrastructure Highways
Conditional No ObjectionRecommendation: DNOC.; The drawings show the available visibility as 2.4m x 50.0m which is considered reasonable for a 30mph speed limit.; On the basis that the sightlines can be achieved and more importantly maintained, the access arrangements are considered acceptable.
Conditions requested: Prior to development becoming occupied the adjacent hedging and sodbanks shall be lowered to no more than 1.0m above carriageway level in order to achieve a 50.0m clear line of sight in both directions measured 2.4m back from the carriageway edge. The visibility splays shall be maintained at all times throughout the life of the development to the satisfaction of the Planning Authority.; Prior to development becoming occupied, the proposed surfacing of the access from the carriageway edge of Ballakillowey Road to the proposed gated pillars shall completed to the satisfaction of the Planning Authority.; Section 109A agreement required detailing how bitmac surfacing work will be undertaken.
Department of Infrastructure Highways
Conditional No ObjectionRecommendation: DNOC.; The drawings show the available visibility as 2.4m x 50.0m which is considered reasonable for a 30mph speed limit.
Conditions requested: Prior to development becoming occupied the adjacent hedging and sodbanks shall be lowered to no more than 1.0m above carriageway level in order to achieve a 50.0m clear line of sight in both direction measure 2.4m back from the carriageway edge. The visibility splays shall be maintained at all times throughout the life of the development to the satisfaction of the Planning Authority.; Prior to development becoming occupied, the proposed surfacing of the access from the carriageway edge of Ballakillowey Road to the proposed gated pillars shall be completed to the satisfaction of the Planning Authority.; Section 109A Application
DEFA Ecosystem Policy Officer
Conditional No ObjectionThe Bat Conservation Trust recommend that surveys for bats are undertaken for all agricultural buildings of traditional brick or stone construction and for pre-1914 buildings with slate roofs.; Bats are listed on Schedule 5 of the Wildlife Act 1990.
Conditions requested: bat survey, with a report detailing the findings and appropriate mitigation, be submitted to the Planning directorate and the Ecosystem policy team for written approval prior to planning approval
DEFA Ecosystem Policy Officer
No ObjectionI am content with the findings as presented within the Bat Survey Report dated 12 September 2019 and no further action is required.
Conditions requested: if further evidence of bat use within the building comes to light in the process of the works... get back in contact with the Manx Bat Group
Rushen Parish Commissioners
SupportThe Commissioners agreed to support... c) 19/00583/B High View Cottage, Ballakillowey Road. Mr and Mrs Martin. Conversion of barns with a link to a dwelling.
Manx Footpaths Conservation Group
Conditional No ObjectionThe Manx Footpaths Conservation Group has no objection to the principle of the development but requires that either provision is made to maintain the route of the PRoW...
Conditions requested: provision is made to maintain the route of the PRoW (by stiles or something similar), or that the developer arrange for the PRoW to be officially diverted
Manx Footpaths Conservation Group
Conditional No ObjectionThe landowner / applicant has since given an assurance that there is no intention to close the PRoW.
Manx Footpaths Conservation Group
No ObjectionThe current Planning Application protects the route shown on the ground... and is totally acceptable to the Manx Footpaths Conservation Group.
Conditions requested: Manngis website be brought in line with the Dol signage on site; Department of Infrastructure be asked to confirm the status of the footpath as a Public Right of Way both in the Definitive Statement and as shown on the Definitive Map
Resident at The Cottage
No CommentWe would like to seek assurance that the public right of way will be maintained.
Conditions requested: assurance that the public right of way will be maintained
Resident at Graystones
SupportI... consider the development to be a handsome improvement for old unused buildings.
Conditions requested: maintain the signposting for the existing public right of way across the fields, and to preserve the gates or stiles for this right of way across fenced boundaries on either side of the access driveway. Could this be shown clearly on the drawings please.
