7 August 2024 · Planning Committee
Shen Valley House, Ballnahowe, Port Erin, Isle Of Man, IM9 6jf
The proposal involves replacing an existing unattractive, partly agricultural building (126 sqm floor area, 9m frontage, 5.6m ridge height) with a new two-storey dwelling (211 sqm floor area, 11.6m frontage, 8.3m ridge height, rotated 90 degrees, stone-faced with slate roof) and a single-storey garage (49 sqm), on a 0.…
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The proposal is not materially different to that approved in 2014 (PA 14/01094/B) and renewed in 2018 (PA 18/00955/B), with minor additions like solar panels.
General Policy 3
General Policy 3 (c) and (d) considered in accordance with prior approvals. Officer confirmed ongoing compliance with no policy changes.
Environment Policy 1
Environment Policy 1 applied; proposal preserves site character through high-quality materials and landscaping.
Environment Policy 22
Environment Policy 22 relevant to landscape setting; addressed via landscaping condition.
Housing Policy 11
Allows conversion of rural buildings to dwellings subject to criteria; site history supports residential status despite agricultural use.
Housing Policy 12
Permits replacement of countryside dwellings if not abandoned or of historic interest; building not habitable for over 10 years but prior permissions establish lawful basis.
Draft Isle of Man Strategic Plan (Housing Policy 14)
Replacement dwellings not substantially different in size/siting unless environmental improvement; 68% increase accepted as improves poor form, less visible, traditional design per Circular 3/91, within 50% general limit flexibility.
Transport Policy 4
Transport Policy 4; access unchanged from prior approvals, acceptable in rural low-speed context.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Materials approval
Prior to the commencement of the development on site including any works of demolition, hereby approved, a schedule of materials including finishes for the external walls and roofs, external door and window frames; external doors and windows; and, guttering and rainwater goods; shall be submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with the approved details, with the approved finishes and materials being retained and maintained for the lifetime of the development.
No 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.
Site restoration
Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material and stored artefacts. Such works must be implemented prior to the occupation of the approved dwelling.
Landscaping scheme
Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.
Sustainability features
The dwelling shall not be first occupied until the following details shown on the approved drawings and submitted documentation have been installed: Provision of solar panels to dwelling roof; Provision of air source heat pump; Provision for electric vehicle charging point; Provision for secure storage of 2 bicycles, within the proposed garage. Thereafter, the dwelling shall be occupied in accordance with these approved details for the lifetime of the development.
Lighting plan
There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Bat and bird accommodation
No works above damp proof course shall take place until a bat and bird mitigation plan has been submitted in writing to the Department for approval. The plan should contain details of bat and bird bricks to be built into the new property. Bird bricks should be located high up on north east to northwest facing elevations. Bat bricks should be located high up on a variety of elevations, though some should face south. Both bird and bat bricks should not be located above windows or doors. This approved plan shall be fully adhered to and the dwelling shall have its measures completed prior to occupation. The approved mitigation measures shall be retained thereafter.
No significant negative impact upon highway safety, network functionality and/or parking, as the access is acceptable due to the low traffic low speed rural nature of the road, subject to parking, vehicle turning and garage areas being completed before first occupation. Advised to consider EV charging point.
Highway Services has no objection subject to parking, turning and garage completion before occupation. Ecosystem Policy requests a soft landscaping plan condition due to insufficient species details and non-native fuchsia. Arbory and Rushen Parish Commissioners have no objection but note significant expansion and prefer modesty.
Key concern: insufficient detail on landscaping species and use of non-native fuchsia
Highway Services HDC
Conditional No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the access is acceptable for the proposals due to the low traffic low speed rural nature of the road it connects to, subject to the parking, vehicle turning and garage areas being completed before first occupation of the dwelling.; The applicant is advised to consider providing an EV charging point to aid Net Zero ambitions.
Conditions requested: parking, vehicle turning and garage areas being completed before first occupation of the dwelling
Arbory and Rushen Parish Commissioners
No ObjectionThe Commissioners felt that this application represented a significant expansion of development on the site, noted that development would be placed in a more prominent position and would have preferred to see a more modest application for the site.; That said the Commissioners are pleased that an application is being made to improve what is an unsightly somewhat derelict property.
Ecosystem Policy Officer
Conditional No ObjectionThough the Ecosystem Policy Team are content with the location of the proposed landscaping, there is not yet enough detail about the species to be used. E.g. What wildflowers and trees are to be planted?; We are also not content with the proposal to plant fuchsia into the restored scrub land in Areas 1 and 2 shown on the Landscape Drawing, because fuchsia is a non-native species of plant.; The Ecosystem Policy Team therefore request that a condition is secured for no works to commence unless a soft landscaping plan has been submitted to the Department and approved in writing.
Conditions requested: no works to commence unless a soft landscaping plan has been submitted to the Department and approved in writing