13 March 2020 · Planning Committee
Ballacain, Lhagg Road, Dalby, Isle Of Man, IM5 3bu
The proposal involves demolishing the existing traditional cottage and stone outbuildings at Ballacain Cottage and replacing them with a larger (80% increase in floor area) Passivhaus-standard dwelling featuring a flat-roofed modern section with a seeded green roof, white render, ash timber cladding, oxidised metal det…
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The principle of replacement was accepted under HP12 as the existing habitable cottage is not of architectural/historic interest and prior approval under 07/01264/B (even if not fully commenced) remai…
Housing Policy 12
Permits replacement of existing countryside dwellings unless abandoned or of architectural/historic interest capable of renovation. Existing cottage retains habitable status, not abandoned (no 10+ year non-use evidence, capable of renovation), no historic interest; prior approval confirms principle acceptable.
Housing Policy 14
Replacement dwellings must match existing siting/size unless environmental improvement; innovative designs ok if high quality, no adverse visual impact, reuse stone/slate. Size 80% larger but reduced visual impact via lower profile, green roof, screening; Passivhaus eco-efficiency provides environmental gain outweighing scale; modern design acceptable as blends via materials despite non-traditional form.
Environment Policy 4
Protects ecology and protected/invasive species. Condition requires pre-commencement Preliminary Ecological Appraisal due to records of protected flora/fauna; mitigation to be approved.
Environment Policy 1
Presumption against development in countryside/high landscape value areas. Replacement accepted via HP12/14 exceptions; no adverse visual impact.
Environment Policy 2
Protects rural landscape paramount. Proposal screened, less prominent than existing/prior scheme.
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.
Preliminary Ecological Appraisal
Prior to the commencement of any work on site including the demolition of the existing buildings, the applicant must have written approval by the Department of a Preliminary Ecological Appraisal of the site, identifying any species which are protected by the Wildlife Act 1990 or identified therein as invasive species, together with appropriate protection and mitigation measures. The development must be undertaken in accordance with these details. Reason: to accord with Environment Policy 4 of the Strategic Plan.
Seeded roof planting scheme
Prior to the commencement of the development hereby approved, the applicant must have written approval by the Department of a planting scheme for the proposed seeded roof, incorporating species native to the Island, and the development must be undertaken in accordance with these details. Reason: to maximise the biodiversity value of the development.
No permitted development 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, garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: to control development in the interests of the character and appearance of the surrounding area and taking into account the particular design of the replacement dwelling.
Energy Statement SAP 97
Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved. Reason: the reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.
Landscaping scheme
The landscaping scheme as shown in drawing 215/020 must be adhered to in full, including the retention of the southern boundary. Any shrubs on this boundary which are removed or die must be replaced with the same species in the next planting season. Reason: to ensure that the proposed dwelling has an acceptable impact on the countryside.
External finishes schedule
Prior to the commencement of any work associated with this approval, a schedule of external finishes including a sample or image of the proposed stonework and the colour of any render, must be approved by the Department and the development must be carried out in accordance with these details. Reason: to ensure that the development has an acceptable impact on the countryside.
No objection; prefer current proposal over previous as less evident from above and less imposing on neighbours
No objection; no material change in development, existing access not ideal but acceptable; Section 109 agreement needed
DEFA Biodiversity requested a Preliminary Ecological Appraisal and additional surveys prior to determination, while Patrick Parish Commissioners raised no objection preferring the current proposal over a previous approval; multiple local residents from Ballacooil, Riverside Cotta…
Key concern: Preliminary Ecological Appraisal required due to multiple protected species and green roof planting details needed
DEFA Biodiversity
Conditional No ObjectionI request that a Preliminary Ecological Appraisal (PEA) of the site is undertaken by a suitably qualified ecologist and this be submitted to planning for approval prior to determination of this application.
Conditions requested: Preliminary Ecological Appraisal (PEA) by suitably qualified ecologist submitted for approval prior to determination; PEA to identify further surveys for protected species; details about planting proposed for green roof with native vegetation
Patrick Parish Commissioners
No ObjectionBroadly speaking, the Commissioners prefer the instant proposal to that approved for a number of reasons: principally they consider that the current proposal will be less evident from above.; the Commissioners continue to have no objection to the current proposal.
The original application for a replacement dwelling at Ballacain Cottage was permitted by the Department despite exceeding size limits in Housing Policy 14. Neighbour Mr Robert Husband appealed, arguing non-compliance with countryside policies due to excessive size increase (80% floor area, 136% footprint), modern design conflicting with traditional character, and harm to Area of High Landscape Value. Inspector Michael Hurley agreed, recommending refusal for policy breaches. Minister (via Mr Rob Callister MHK) disagreed on design, size justification via Passivhaus benefits and prior approval precedent, and visual impact, dismissing the appeal. Permission confirmed subject to conditions emphasising energy efficiency, ecology, and landscaping.
Precedent Value
Demonstrates Ministers can override Inspectors on policy exceptions for eco-innovative designs in countryside if visual/landscape benefits argued; future applicants should emphasise Passivhaus/SAP97+ credentials, site integration and climate alignment to justify size increases beyond 50%.
Inspector: Michael Hurley BA DipTP
