12 July 2017 · Planning Committee
Land Adjacent To, Allandale Farm, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal involves renovating and extending a traditional tholtan (former dwelling) on a site in open countryside near Sulby to form a self-contained two-bedroom dwelling with open plan kitchen/dining/garden room, ensuite, and bathroom, plus two off-road parking spaces sharing access with a nearby approved main dwel…
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The officer assessed the proposal primarily against Housing Policy 13, which permits conversion of abandoned rural dwellings if substantially intact (at least three walls to eaves level and structural…
General Policy 3
Restricts development outside zoned areas except for specific exceptions including conversion of redundant rural buildings of value (cross-ref Housing Policy 11) and abandoned rural dwellings (Housing Policy 13). The tholtan qualifies under HP13 as a former dwelling now redundant, enabling residential conversion in countryside.
Environment Policy 1
Protects countryside from adverse development unless overriding national need and no alternative. Renovation improves dilapidated tholtan rear elevation without significant built form increase; roadside boundary changed to hedgerow/stone wall via condition, resulting in net benefit to countryside character.
Housing Policy 13
Permits dwellings from abandoned rural buildings if substantially intact (≥3 walls to eaves, structurally sound), existing usable track, water/electricity; extensions <50% original floor area and subordinate. Tholtan has 4 walls/roof, structural report confirms suitability, shared approved access/utilities available; extension 17% area increase, subordinate in scale/design, fitting character.
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.
No further extensions/alterations
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, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
No forward enclosures
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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Landscaping scheme
No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include planting to the road side boundaries. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway and footpaths around the Tholtan as well as any walls along the road side boundary. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling. Reason: To ensure the provision of an appropriate landscape setting to the development.
No roadside timber fencing
For the avoidance of doubt no approval is hereby given for the use of timber fencing along any part of the roadside boundary (south-east). Reason: In the interest of the visual amenities of the countryside.
Parking provision
Prior to the occupation of the dwelling, the car parking and manoeuvring areas shown on plan reference 829.02 shall be provided and remain free from obstruction thereafter. Reason: To ensure that the Strategic Plan car parking standards are met in the interest of highway safety.
Ancillary use only
The accommodation hereby approved may be used only as such ancillary to the occupation of the main house within the same site as defined on the approved plans and may not be let or sold off separately. Reason: The proposed dwelling shares the same curtilage as the main house on the plans proposed and it is not demonstrated from these plans that the proposed dwelling would have a sufficient curtilage of its own to provide satisfactory levels of amenity space.
Does not oppose subject to condition that prior to occupation, car parking and manoeuvring areas shall be provided and remain free from obstruction
Lezayre Parish Commissioners unanimously refused the application citing non-compliance with prior conditions for tholtan restoration as storage/stabling and concerns over additional residential use, drainage, and parking; Highways Division does not oppose subject to a car parking condition.
Key concern: non-compliance with condition 5 of PA 15/01134/B requiring tholtan restoration for storage/stabling ancillary to the dwelling, not residential conversion
Lezayre Parish Commissioners
Objection**Refused Unanimous.**; The applicant should develop the Tholtan as previously indicated for storage and stabling ancillary to the dwelling. It should not be converted into a dwelling...; If the planners are mindful to approve this application then the Commissioners would suggest that conditions are in place to restrict the use of the Tholtan only incidental or ancillary to the main dwelling.
Conditions requested: conditions to restrict the use of the Tholtan only incidental or ancillary to the main dwelling
Department of Infrastructure Highways Division
Conditional No ObjectionHighway Services does not oppose this application subject to the following condition; Do not oppose with condition/comment; DNOC on 31/03/17
Conditions requested: Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Lezayre Parish Commissioners
No Commentwish to defer their comments... until after their next meeting... comments will be sent... on the morning of the 7th April 2017.
