30 July 2020 · Head of Development Management (Stephen Butler)
Briarfield, Grenaby Road, Ballasalla, Isle Of Man, IM9 3dp
The proposal involved converting an existing simple stone barn south of the main dwelling into a self-contained three-bedroom ancillary dwelling, including alterations to most openings, addition of dormers, a southern extension, and raising the building height by 1.5m.
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The officer determined that the proposal failed Housing Policy 11(d) and its subparagraph (a) because the extensive alterations—including new dormers, a modern southern extension with inappropriate do…
Housing Policy 11
Requires conversions of rural buildings to dwellings only if structurally capable, of interest, large enough for satisfactory dwelling with modest extensions not adversely affecting character, and must re-establish original appearance using same materials where practicable. Officer assessed that proposal failed (d) as self-contained three-bed unit required excessive extension and alterations (dormers, new openings) not subordinate or in keeping; desirable to re-establish original simple form given architectural merit, but scheme bore no resemblance, failing core policy test for permission.
Environment Policy 1
Protects countryside for its own sake with presumption against development. Unsatisfactory alterations harmed character of area, as new dormers, modern extension, doors, canopy and glazing were not in keeping with simple roadside barn visible from highway.
General Policy 2
Sets general development standards including highway safety (h and i). Substandard accesses flanked by barns blocking visibility would be intensified by additional occupancy from new dwelling, causing detrimental safety impact.
General Policy 3
Presumption against development outside designations, but allows rural conversions subject to constraints like HP11. Principle acceptable if compliant, but failed design tests.
no objection to the application
no objection to the removal of three trees on the south side of the barn but identifies the large Category A sycamore as a material constraint and recommends protective measures
Highways recommends refusal due to substandard entrance visibility and parking on public highway verge; DEFA Forestry has no objection to tree removal but requests tree protection plan and conditions; DEFA Biodiversity recommends bat and bird surveys; Malew Parish Commissioners have no objection.
Key concern: intensification of a substandard entrance in terms of visibility and proposed parking on public highway verge leading to road safety issues
Malew Parish Commissioners
No ObjectionMalew Parish Commissioners have no objection to the following Planning Applications.
DEFA Biodiversity
Conditional No ObjectionThe Ecosystem Policy Team recommends that an ecological assessment for bats and birds is undertaken prior to the determination of this application.; The presence of bats will not prevent the property from being converted but provision must be shown for the ongoing protection of the bats.
Conditions requested: an ecological assessment for bats and birds is undertaken prior to the determination of this application; Bat surveys should be undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016); Should bats be found then a mitigation plan for their protection should be submitted to the Planning Department prior to the determination of this application
DEFA Forestry
Conditional No ObjectionI have no objection to the removal of 3 trees on the south side of the existing barn.; I recommend that you request a tree protection plan is submitted to support the application. This plan should show a hatched Construction Exclusion Zone, the exact location that fencing will be erected to physically mark its boundary, and state the specification of the fencing to be used.
Conditions requested: request a tree protection plan is submitted to support the application; No retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the dwelling, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (ref ???), prepared by (???) and submitted in support of the application (date ???), shall be fully installed and implemented and retained for the duration of the construction process.
Highways
ObjectionThere are concerns with this application in terms of the intensification of a substandard entrance in terms of visibility and the proposed parking on a grass verge which forms part of the public highway.; As a result, refusal is recommended on the grounds of road safety and lack of adequate off street parking.; Recommendation: REFUSE
The original application for conversion and extension of a barn to provide ancillary living accommodation was refused for harmful impact on area character contrary to Housing Policy 11(d) and Environment Policy 1, and intensification of sub-standard access contrary to General Policy 2(h) and (i). Appellants argued the proposal complied with policy exceptions for redundant rural buildings, was ancillary not separate dwelling, and access met Manual for Streets standards given low traffic speeds. The inspector treated it as a separate dwelling, found it failed Housing Policy 11 due to substantial alterations diminishing building interest, harmed rural character under Environment Policy 1, and access visibility inadequate under DMRB standards. The Minister accepted the inspector's recommendation to dismiss the appeal on 6 April 2021.
Precedent Value
Demonstrates strict application of HP11 requiring minimal changes to retain rural building character; self-contained annexes treated as new dwellings if independent; DMRB visibility standards preferred over MfS on classified roads even if lightly-trafficked. Future applicants should minimise alterations, provide robust highway data, and consider occupancy conditions.
Inspector: Michael Hurley BA Dip TP
