29 September 2011 · Director of Planning and Building Control (delegated powers)
Curpheys Croft, St Marks Road, Ballasalla, Isle Of Man, IM9 3ef
The site contains the remains of a former single storey cottage and barn on the northwest side of the A26 St. Mark's Road in a rural area designated as white land and an Area of High Landscape or Coastal Value.
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The principle of converting the substantially intact former cottage and barn to a dwelling was established by prior approval PA 09/01850/B, which complied with Isle of Man Strategic Plan policies by p…
General Policy 3
Permits development outside zoned areas exceptionally for replacement of existing rural dwellings under Housing Policies 12, 13 and 14. The proposal amends prior approval compliant via Housing Policy 13, using existing substantially intact fabric without new build in sensitive landscape.
Environment Policy 2
Protects character of Areas of High Landscape or Coastal Value (AHLV); development permitted if no harm to landscape character. Site in AHLV; amendments to windows deemed not to harm due to minor scale, retention of barn features, and non-public visibility of most changes.
Housing Policy 13
Allows dwelling formation from abandoned rural buildings if substantially intact (3 walls to eaves, structurally sound), with usable track and services. Prior approval confirmed this; amendments limited to windows do not introduce rebuilding, but condition clarifies no further fabric permitted as it would fail policy tests.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to alterations to existing building to form a dwelling (amendments to PA 09/01850/B); as shown in the Location Plan and drawing number 37.3.10 Rev A, both date stamped 18 August 2011.
No rebuilding of further fabric
For clarification, this approval relates only to the works shown in these drawings and no approval is hereby granted or implied to the re-building of any further fabric. If the structure is to collapse or fail during the implementation of the permission, or for any other reason, planning permission will be required to re-build the structure and it should be noted that such permission is unlikely to be forthcoming as this would be contrary to the provisions of Housing Policies 11 and 13 of the Strategic Plan.
Window and rooflight details
All windows (except the glazed screen) must be sliding sash and all rooflights Conservation types and appear as shown in the approved drawings.
do not object to this application, as there are no traffic management, parking or road safety implications
do not object to the Planning Application
The original application PA 11/01154/B sought amendments to prior approval PA 09/01850/B for converting a former cottage and barn in a rural AHLV to a dwelling, specifically changing window styles from barn-like sliding sashes to top-hung light oak PVC windows; it was permitted subject to condition 3 requiring sliding sash windows. The appellant argued for top-hung windows due to practicality, precedent in similar conversions, and lack of public visibility on the rear. The planning authority defended the condition to maintain traditional character per Housing Policies 11 & 13 and Circular 1/98. The inspector found the proposed top-hung windows acceptable as they matched sliding sashes visually, especially given the site's context and guidance preferences, recommending the appeal be allowed. The Minister accepted this, issuing approval on 5 March 2012 without condition 3 but with clarified drawings and photos, and a note against further rebuilding.
Precedent Value
This appeal sets precedent that window opening method is a 'preference' not absolute requirement under Circular 1/98 if visual match achieved, especially where public views limited. Future applicants should submit detailed manufacturer photos/drawings specifying all details and cite functionality alongside precedents.
Inspector: Man Langton
