5 March 2019 · Planning Committee
Ballawhane Farm, Leodest Road, Andreas, Isle Of Man, IM7 3eg
The proposal involves replacing the existing two-storey farmhouse (298 sqm floor area) with a larger traditional Manx-style dwelling (501 sqm living area) featuring side single-storey extensions, a rear two-storey outrigger, and attached single-storey private dog kennels for the applicant's rescue animals, plus landsca…
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The proposal was assessed as a one-for-one replacement dwelling, acceptable under General Policy 3 despite being in countryside, as the existing habitable farmhouse retains residential use per Housing…
Environment Policy 1
Protects countryside/ecology unless overriding national need; officer found proposal would not adversely affect countryside, with no harm to character/quality allowing exception.
Environment Policy 2
Prioritises landscape character in AHLV unless no harm; development sited/setback/screened to avoid harm despite scale, fitting site context.
Environment Policy 3
Protects woodland; addressed via detailed tree protection conditions (BS5837) due to woodland encroachment.
General Policy 3
Restricts countryside development except replacements; accepted as one-for-one rural dwelling replacement.
Housing Policy 12
Permits replacement unless abandoned or renovable historic; habitable but not registrable/significantly historic per assessment, structural risks outweighed retention.
Housing Policy 14
Limits size to 50% increase, traditional design, reuse materials; 68% larger but no harm to landscape, contextual fit justified despite not meeting strict exceptions.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Private kennels use
The dog kennels, activity & food preparation areas and external dog areas as shown on drawing 856.03A shall all be for private use only for the occupants of "Ballawhane Farm" and not for any commercial uses.
Temporary mobile home removal
The temporary mobile home as shown on drawing 856.20 and photographs received on the 23.05.18 hereby approved shall be removed from the entire holding of the site and the land restored to its former condition within two and half years of the date of this decision becoming final or once the dwelling is completed, whichever is sooner.
Stonework reuse scheme
Prior to the commencement of the dwelling (including demolition) a scheme shall be submitted which demonstrates how the existing stonework can be reused as part of the replacement dwelling.
Chimney pots details
Prior to the commencement of the dwelling (including demolition) a scheme shall be submitted which demonstrates what type and size of chimney pots are to be used and these approved details are required to be complete prior to the occupation of the dwelling hereby approved.
Window details
All new windows (with the exception of those windows within the dog kennel building, 1st & 2nd floor gable end windows and the larger two storey hallway glazed section all of the dwelling) shall be vertical sliding sashes with the vertical glazing bars being external stuck and all shall be retained as such.
No future 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, 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.
Tree protection fencing
No site clearance, preparatory work or development shall take place until all the tree protection fencing as shown on drawing 856.20A have been erected around any existing trees. Unless and until the development has been completed these fences shall not be removed and the protected area are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscaping works.
Tree protection plan and method statement
No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees, any adjacent trees (a tree protection plan) and an arboricultural method statement, including adequate details of site supervision by a suitably qualified and experienced tree specialist, are prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) and submitted to and agreed in writing by the Department.
Adhere to tree protection measures
The tree protection measures and arboricultural method statement approved under condition 8 above, including site supervision by a suitably qualified and experienced tree specialist, shall be adhered to in full.
Tree supervision monitoring schedule
The completed schedule of site supervision and monitoring of the arboricultural protection measures as approved in condition 8 shall be submitted for approval in writing by the Department in accordance with the timescale agreed in the Arboricultural Method Statement as per Condition (number). This condition may only be fully discharged on completion of the development, subject to satisfactory written evidence of compliance through contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist.
no objection
no objection subject to condition limiting kennels to private use
initial concerns addressed; tree protection on drawing 856.20A acceptable
bat issue resolved by survey (no evidence found) and proposed bat roost provision
Mixed responses with Highways and Andreas Parish Commissioners raising no objections (Highways conditional), DEFA Forestry and DEFA Biodiversity requesting further details on trees and bats, and Isle of Man Natural History and Antiquarian Society objecting due to heritage concerns over farmhouse demolition near a registered windmill.
Key concern: demolition of traditional farmhouse of heritage value adjacent to registered windmill
DEFA Forestry
I therefore recommend that the planning authority request further details of:; An arboricultural method statement will be required to supplement the tree protection plan.
Conditions requested: further details of any proposed alterations to existing ground levels and position of any proposed excavation that might affect RPA per BS5837:2012 para 4.6; all appropriate tree protection measures before and during development per BS5837:2012 paras 5.5 and 6.2; arboricultural method statement to supplement tree protection plan; further details of planting scheme: measures to incorporate trees into hard landscaping, species/cultivar and nursery specification, planting specification, post-planting maintenance per BS8545:2014
Highway Services Division
Conditional No ObjectionHighway Services does not oppose the application subject to a planning condition for the kennels/dog indoor activity area to be used by the applicant's dogs only, and not for any commercial purposes; Recommendation: DNOC
Conditions requested: planning condition to prevent the kennels/dog indoor activity area from being used for any commercial purposes; planning condition for the kennels/dog indoor activity area to be used by the applicant's dogs only, and not for any commercial purposes
Isle of Man Natural History and Antiquarian Society
ObjectionThe Society is therefore opposed to this application.; replacement design is contrary to Isle of Man Strategic Plan Policy HO 12
Conditions requested: building preservation order to allow case for Registration; Interested Party Status
DEFA Biodiversity
I recommend a bat survey of any buildings affected, in order that any plans that may be agreed, can be considered in the light of information on the status of bats on this site
Conditions requested: bat survey of any buildings affected
Isle of Man Natural History and Antiquarian Society
Objectionthoroughly commends and supports the position of the Registered Building Officer and decries the proposed approval; planning approval is not appropriate
Conditions requested: Interested Party Status
Andreas Parish Commissioners
No Objectionhave no comments or objections to submit on the amended plans
Andreas Parish Commissioners
No Objectionhave now considered the above proposed development, and have no objections thereto