16 October 2019 · Delegated - Principal Planner (Sarah Corlett)
Croit E Kirkjufal, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The site at Croit E Kirkjufal contains an abandoned derelict two-storey Manx farmhouse, a single-storey stone barn, and a two-storey stone barn, located in open countryside designated as Open Space on the Area Plan for the South.
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The principal issue was whether any material planning matters had changed since the 2014 approval of PA 14/01420/B, such as policy changes, land designations, Local Plan adoption, or new legislation.
General Policy 3
Restricts development outside zoned areas except for conversions of redundant rural buildings of value, previously developed land improvements, or replacements. The officer assessed the proposal complies as it reuses derelict buildings of historic interest without policy changes since original approval.
Housing Policy 11
Permits conversion of rural buildings if redundant, intact, of architectural/historic interest, large enough for dwelling with modest extension, compatible uses, and servicable without public cost; must re-establish original appearance with matching materials. Original approval valid: buildings meet criteria (redundant barns/farmhouse, structurally capable per reports, Manx stone/natural slate matching), no further extensions allowed by condition.
Housing Policy 13
Allows dwellings from abandoned rural buildings if substantially intact (3 walls to eaves), usable track access, services available; extensions subordinate (<50% floorspace). Site qualifies with intact stone walls, highway access, no National Heritage Area; scheme remains compliant.
Environment Policy 2
Protects landscape character in Southern Uplands (A2) open space with panoramic views. Proposal acceptable as it refurbishes existing derelict buildings visible from A36/Sloc Road without increasing impact, enhancing via restoration.
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.
Lizard mitigation plan
Prior to commencement of the development a mitigation plan detailing Reasonable Avoidance Measures for the protection of the lizards during the removal of the sod bank will be submitted to the Planning Directorate for written approval (please consult with the EPT). The development shall be undertaken strictly in accordance with the mitigation detailed. The development shall be undertaken strictly in accordance with the mitigation for loss of lizard habitat shown in Drawing No. 6. The identified measures shall be adhered to and implemented in full and maintained thereafter.
Parking and access
The development hereby approved shall not be occupied until the parking, turning areas and new access/driveway all to the rear of the dwelling have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping works include, but not limited to, details of landscaping/pedestrian paths to the front of the dwelling. All further 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 dwelling, 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. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
Roadside boundaries
No development shall take place until further details of the roadside boundaries have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Such detail should include existing and proposed roadside elevational drawings and existing and proposed sectional drawings. Reason: To control development in the interests of the amenities of the surrounding area.
No permitted development
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 extensions, alterations, new buildings or means of enclosure shall be installed or erected without the further submission and approval of a planning application. Reason: To control the integrity of future development on the site.
Materials matching
All external facing and/or roofing materials of the extension hereby approved are required to match those of the existing building in respect of Manx Stone walls and natural slate roofs. Reason: In the interests of the character and appearance of the site and surrounding area.
Ancillary use only
The staff accommodation building and guest accommodation above the garage block may be used only in association with the main dwelling house "Croit E Kirkjufal" and for purposes incidental to the use of main dwelling house "Croit E Kirkjufal" as a single dwelling and for no commercial purposes. Reason: The site is in an area where new dwellings are not normally approved nor considered suitable on this site; however, it is accepted such accommodation is incidental to the use of main dwelling house.
Visibility splays
Visibility splays as shown on drawing 06 are required to be provided and retained prior to the occupation of the new dwelling. Reason: In the interest of highway safety.
Do not oppose
Support the application
Welcomes inclusion of suitable common lizard habitat in Drawing No. 6; recommends mitigation condition and informative
DEFA Ecosystem Policy Team (Biodiversity) recommends conditional no objection with specific lizard mitigation conditions; DOI Highways Division does not oppose; Rushen Parish Commissioners support the application.
Key concern: common lizards, a legally protected species, have been recorded in the vicinity
DEFA Ecosystem Policy Team
Conditional No ObjectionA short section of sod bank is proposed for removal to create visibility splays and common lizards, a legally protected species, have been recorded in the vicinity.; The Ecosystem Policy Team welcomes the inclusion of suitable common lizard habitat in the sod bank shown in Drawing No. 6 as mitigation.; Should the application be granted permission the Ecosystem Policy Team recommends the following conditions
Conditions requested: Prior to commencement of the development a mitigation plan detailing Reasonable Avoidance Measures for the protection of the lizards during the removal of the sod bank will be submitted to the Planning Directorate for written approval (please consult with the EPT). The development shall be undertaken strictly in accordance with the mitigation detailed.; The development shall be undertaken strictly in accordance with the mitigation for loss of lizard habitat shown in Drawing No. 6. The identified measures shall be adhered to and implemented in full and maintained thereafter.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 18 Sep 19
Rushen Parish Commissioners
SupportPlanning Applications - all of the following applications were supported by the Commissioners; 19/00966/B 6, Croity Kirkiufal, The Sloe, Mr Kelly. New plans for the site and variation of condition 1 of permission granted to PA 14/01420.
