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25/90709/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90709/B Applicant : MDL Proposal : Demolition of garage, erection of glass house, removal of one vehicular access, alterations toexisting dwelling, additional use of dwelling as offices Site Address : Ballavale Barns Ballavale Road Santon Isle Of Man IM4 1EH
Planning Officer: Lucy Kinrade Photo Taken : 02.09.2025 Site Visit : 02.09.2025 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.09.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The additional office use hereby approved is restricted to the ground floor of the main dwelling only and only in connection with the operation of the wider botanic garden site outlined in blue on drawing number A_1_00 Location Plan.
Reason: the application has been assessed on this specific basis only as submitted, and in ensuring the proposal doesn't prevent the barns use as dwelling in line with Business Policy 7 and not to undermine Draft Economy Strategy.
C 3. All new stonework hereby approved on the main barn shall be installed to match the existing building and retained as such thereafter.
Reason: in the interest of visual amenity to ensure the stone work to the main barn including the extension over the terrace, and making good to the tourist unit is finished appropriately and in keeping with the existing stone work on those buildings.
C 4. Any new external finishes to the tourist unit shall be finished to match the existing tourist unit in particular the walls and roof and retained as such thereafter.
Reason: in the interest of visual amenity.
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C 5. The framing for the glasshouse hereby approved shall be finished in a dark colour and retained as such thereafter.
Reason: in the interest of visual amenity and to avoid the installation of any white or light coloured frame at odds to the darker stonework of the surrounding buildings.
C 6. There shall be no internal or external lighting of the approved glasshouse unless full details are submitted to and approved in writing by the Department and installed only in full accordance with the details approved.
Reason: in the interest of preventing any unacceptable light spill in the interest of habitats and neighbouring amenity.
C 7. The glasshouse glazing must be installed with methods for the prevention of bird strike which may include etching, decals or ultraviolet coatings prior to the building being brought into use and shall be retained as such thereafter.
Reason: in the interest of preventing bird strike minded of the large size and rural location of the glasshouse.
C 8. The car parking, access and site layout shall be carried out in full accordance with the approved drawings and retained as such thereafter.
Reason: in the interest of highway parking and amenity purposes.
C 9. The tourist unit shall be used only by tourists with no individual tenancy exceeding 4 weeks in duration between Easter and 31st October: outside of these months longer lets may be permitted. The unit may also be managed only in association with the occupation of the main dwelling, Ballavale Barns.
Reason: for the avoidance of doubt minded of its physical separation due to the works proposed and to align with the original tourist use conditions of 13/91380/B.
N 1. The applicant/land owner is reminded of their separate legal obligations under the Wildlife Act 1990 in respect of bats and bat roosts at the site. They are advised to contact DEFA Ecosystems to discuss matters in relation to the Wildlife Act 1990.
This application has been recommended for approval for the following reason. The majority of this application duplicates works approved under 24/91397/B. The additional works now proposed in respect of the stacks, terrace, windows, doors, porch and veranda have all been assessed and considered acceptable and not to result in any visual or amenity harm to the site or surrounding area. Conditions of 24/91397/B will ultimately be duplicated but with some modification to take into account the new application now before us. The application is considered to accord with Environment Policy 1, General Policy 2 and Housing Policy 15, and the ground floor additional office use still remaining acceptable just as 24/91397/B.
Plans/Drawings/Information;
This approval relates to the following documents and drawings: STATEMENT A_1_00 Location Plan A_1_01 Existing Site Plan A_2_01 Existing Elevations A_2_02 Existing Elevations A_1_10 Rev B Existing Floor Plans
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Agent Covering Letter dated 08/09/2025 A_1_02 Rev D Proposed Site Plan A_1_11 Rev D Proposed Floor Plans A_2_10 Rev D Proposed Elevations 01 A_2_11 Rev D Proposed Elevations 02 A_2_20 Rev B Proposed Cottage A_2_21 Rev B Proposed Glass House
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Department of Infrastructure - No objection subject to conditions which have been applied __
Officer’s Report
THE SITE 1.1 The site is the curtilage of a cluster of courtyard buildings forming 'Ballavale Barns' located down a private shared lane off the Ballavale Road which links the New Castletown Road and the Old Castletown Road. The Steam Railway Line runs along the entire stretch of the southern boundary.
1.2 Redevelopment of the barns was first approved in 2001 and with amendments approved after. A further three applications were submitted, one for the creation of a new ancillary annex 08/02324/B which was refused, one for the creation of a gym, garage and boat store all incidental to the occupation of the main dwelling and including the creation of a new access road (PA 10/00041/B) this was approved, and finally one for the conversion of the gym, garage and boat store into tourist accommodation.
1.3 As existing the site comprises the main dwelling, garaging and tourist accommodation all enclosing a central courtyard with off street parking for several vehicles. There are currently two accesses into the courtyard. One running along the front of the tourist unit and the other gated between the garages and the dwelling.
1.4 The submitted information indicates that the applicant also owns a significant amount of land in the surrounding area part of which forms a Botanic Garden. They also own the cottage on the opposite side of the lane to the barns and some other adjacent dwellings including the one they live in.
1.5 Recently an application was approved for works at the site including erection of a glasshouse, changes to accesses, alterations to the existing buildings and additional use for offices associated to the botanic gardens. This application was approved subject to conditions detailed at 3.0 of this report.
THE PROPOSAL 2.1 Proposed now are works similar to those approved under 24/91397/B but with some changes. These changes are mostly contained to the main dwelling barn. The proposed works are still to facilitate the use of the site as part of the wider botanic gardens project. The works now include:
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o Alterations to the existing dwelling including removal and replacement of chimney stacks, roofing over of first floor terrace to create plant area, infilling of rear veranda and window and door changes. o Additional use of part of the dwelling as office and meeting space o Removal of existing gated access o Demolition of the existing garage and its replacement with a new glass house, and making good of the existing tourist unit as a result of the garage demolition. o Erection of new timber porch to main barn design modified since previous approval o Introduction of solar panels to roof.
PLANNING HISTORY 3.1 As mentioned in 1.5, previously approved application PA 24/91397/B for similar works is considered most relevant in this case. That 2023 application also containing the full extent of the planning history of this site.
3.2 The reason for approval of 24/91397/B indicated that the physical works were acceptable, the office use being only in association with the botanic garden being acceptable and that suitably worded conditions would be added to safeguard material finished, lighting, parking and access, as well as restricting the office use and clarifying the extent of the tourist use of the existing cottage.
3.3 The conditions were as follows: o C1. 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
o C2. The additional office use hereby approved is restricted to the ground floor of the main dwelling only and for additional office use only in connection with the operation of the wider botanic garden site outlined in blue on drawing number A_1_00 Location Plan. Reason: the application has been assessed on this specific basis only as submitted, and in ensuring the proposal doesn't prevent the barns use as dwelling in line with Business Policy 7 and not to undermine Draft Economy Strategy.
o C3. All new stonework proposed for the barn shall be installed to match the existing barn and retained as such thereafter. Reason: in the interest of visual amenity to ensure the stone work to the main barn is finished appropriately and in keeping with the existing stone work.
o C4. Any new external finishes to the tourist unit shall be finished to match the existing tourist unit in particular the walls and roof and retained as such thereafter. Reason: in the interest of visual amenity.
o C5. The framing for the glasshouse hereby approved shall be finished in a dark colour finish and retained as such thereafter. Reason: in the interest of visual amenity and to avoid the installation of any white or light coloured frame at odds to the darker stonework of the surrounding buildings.
o C6. There shall be no internal or external lighting of the approved glasshouse unless full details are submitted to and approved in writing by the Department and installed only in full accordance with the details approved. Reason: in the interest of preventing any unacceptable light spill in the interest of habitats and neighbouring amenity.
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o C7. The installation of the glasshouse glazing must be installed with methods for the prevention of bird strike which may include etching, decals or ultraviolet coatings prior to the building being brought into use and shall be retained as such thereafter. Reason: in the interest of preventing bird strike minded of the large size and rural location of the glasshouse.
o C8. The car parking, access and site layout shall be carried out in full accordance with the approved drawings and retained as such thereafter. Reason: in the interest of highway parking and amenity purposes.
o C9. The tourist unit shall be used only by tourists with no individual tenancy exceeding 4 weeks in duration between Easter and 31st October: outside of these months longer lets may be permitted. The unit may also be managed only in association with the occupation of the main dwelling, Ballavale Barns. Reason: for the avoidance of doubt minded of its physical separation due to the works proposed and to align with the original tourist use conditions of 13/91380/B.
PLANNING STATUS AND POLICY 4.1 The site lies within an area not designated for development on the Area Plan for the East 2020. The site is with landscape area D13 and adjacent to an area highlighted as 'area of ecological importance - draft' and to the north is Registered Tree Areas: ST 16 reference RA0258. The site is not recognised as being at any flood risk, It is not a registered building nor within a conservation area.
4.2 The following policies are considered relevant in the assessment of the current application: o Strategic Policy 1 - make best and efficient use of sites including underused buildings o Strategic Policy 2 and Spatial Policy 3 - new development located in existing town centres, unless in line with GP3 o Strategic Policy 5 - new development to make positive contribution o Strategic Policy 9 - all new offices must be sited within existing centres and on land zoned o Strategic Policy 10 - new development located to promote integrated transport network o General Policy 2 - general standards towards acceptable development o General Policy 3 - exceptions to development in countryside o Environment Policy 1 - protection of the countryside. Adversely affecting development not permitted unless there is an overriding national need. o Environment Policy 2 - protection of AHLV from harm, unless the development is essential o Environment Policy 15: new agricultural or horticultural buildings design criteria including physical appearance, being sympathetic to its surroundings including materials appropriate for the intended purpose and its proposed use not to impact neighbours. o Paragraph 7.14.1 - use of land for horticultural purposes. o Environment Policy 17: development of buildings or other facilities associated within nurseries or market gardens acceptability design criteria including of appropriate size, scale and appearance to its setting, not impact neighbours or highways and if appropriated screened from public gaze. o Environment Policy 16 - conversion of rural buildings for tourist use or small scale industrial/commercial use subject to criteria conditions including impact on vitality and viability of existing settlement services. o Housing Policy 15: Alterations or extensions to existing traditionally styles properties o Business Policy 1: The growth of employment opportunities to be encourage so long as accord with the policies in the plan o Paragraphs 9.3.3 and 9.3.4 - office development in town centres and what exceptions have been considered
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o Business Policy 7: New office floor space located within town and village centres unless in buildings of architectural and historic interest and office use would be the only or most appropriate way of securing its future. o Business Policy 8: new office parking provided in accordance with standards o Community Policies 7 and 11 - reduce chance of criminal activity and spread of fire o Transport Policies 1, 4 and 7 - located close to existing infrastructure, designed to be capable of accommodating vehicle and pedestrian journeys and parking provided in accordance with standards. o Appendix 7 - Out of town offices 1 space for every 15 square metres of nett floor space.
4.3 The following parts of the Area Plan for the East 2020 are also considered relevant: o Paragraphs 8.2.1 - The Isle of Man Strategic Plan sets out policies for economic development and a sustainable Island by fostering a diversity of employment opportunities for the whole community...Site-based Proposals take into account the Island Spatial Strategy, published evidence on employment land supply and demand, as well as the location of existing employment sites, opportunities and constraints. o Paragraph 8.3 - Area Plan objectives for the provision of Employment Land ii) ii. To direct development towards existing settlements in order to make best use of infrastructure, maximise opportunities for public transport, promote the reuse of brownfield land and to reduce the impact on the countryside. o Landscape Proposal 7 (Santon) - In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and considering siting, colours, materials, finishes and the general scale.
4.4 In addition to the above the site also falls within area D13 on TAPE. This is addressed within Landscape Character Assessment 2008 and paragraph 4.7.13 Santon (D13) Landscape Strategy: Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons; b) its scattered settlement pattern; c) its Victorian garden and the railway. Key Views: o Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. o Incinerator chimney forms a notable landmark in the immediate area. o Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. o Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. Views from Isle of Man Steam Railway.
5.0 Other Material Considerations - Legislation and Strategy o DfE Draft Economy Strategy 2024-34 - encourages town centre first approach o Manual for Manx Roads - parking and access standards o Residential Design Guide - sections 1, 4, 5 and 7 in relation to local distinctiveness, built form, architectural details and neighbouring amenity
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Department of Infrastructure Highway Services -do not oppose subject to conditions (29/07/2025) - no significant negative impact upon highway safety, network functionality and/or parking as the site access (onto the B26 and A5), proposed site layout and car parking provision is acceptable for the relative size of the proposals, and the site is approximately 500m
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from the bus stops on the A5 so accessible by sustainable transport. The Applicant is advised to consider EV parking points for visitors to aid Net Zero ambitions. Conditions on car parking, access and site layout should be attached to permission (for parking and amenity purposes).
6.2 DEFA Ecosystems - objection (07/08/2025) Since PA 24/91397/B was approved, the Ecosystem Policy Team are aware that bat surveys have taken place on the Ballavale Barns and that legally protected roosting bats have been found within the property. Inside alterations have the potential to if not handled correctly. Request determination is delayed until bat survey report has been received so that proportionate avoidance, mitigation and compensation measures are incorporated into the plans, as required.
The applicant should also note that as an active protected bat roost is present in the building and could be impacted by the proposed works or those which were approved under PA 24/91397/B, it is a legal requirement for a written method statement to be obtained from the DEFA Ecosystem Policy Team, prior to works commencing, containing a working methodology to ensure that bats are not harmed. This is in line with sections 9 and 10 of the Wildlife Act 1990. Without the bat survey findings we will be unable to write this method statement.
Should this application be approved despite this objection and without the above requested information, we request conditions are secured for the following: o No works to commence unless bat surveys have been undertaken by a suitably qualified ecological consultancy and a report detailing the findings has been submitted to Planning and approved in writing. o No works to commence unless a bat mitigation plan has been submitted to Planning and approved in writing.
6.3 The following were also consulted but no response received as of 18/09/2025: o Santon Commissioners o DEFA Forestry o Manx Utilities
ASSESSMENT
7.1 The key issues to consider as part of this application are whether or not the changes now proposed beyond those recently approved under 24/91397/B are acceptable and whether there would be any adverse harm to bats.
7.2 The changes to create the glasshouse and removal of one access remain unchanged and remain acceptable in this case, and so the key changes beyond 24/91397/B for consideration are; o removal and replacement of the chimney stacks and their cladding with zinc o roofing over of the first floor terrace to create a plant room including installation of gable louvres o modification to the timber porch design o infilling the rear veranda and its timber cladding o modifications to window and doors o use of entire ground floor of main barn dwelling as office space
Stacks and First Floor Terrace 7.3 The most notable of the works are likely to be the replacement stacks and infilling of terrace to create new plant room.
7.4 The plant room will make bigger the existing building however its overall style, design and material finish will ensure an appearance that's in-keeping with the existing traditional building and unobjectionable. Metal louvres may present a somewhat working farm appearance
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possibly serving livestock or machinery within the building but this would not be out of sorts given the rural nature and setting of the building.
7.5 The zinc cladding to the stacks will introduce a more contemporary appearance but this is not considered to result in any adverse visual harm in this case. The stacks will also be read in conjunction with the remaining roofscape where new PV panels are also expected.
Timber Porch, infilling rear Veranda and Window and Door changes 7.6 The physical works now proposed will see the timber front porch design changed from pitched to flat roof but its overall size and scale do not detract from the overall form as a converted barn and will continue to offer a recognisable main entrance to the building.
7.7 Infilling works to the veranda are at the rear of the building where there are limited public views, the works including the cladding will not result in any adverse impact on the existing traditional building are acceptable.
7.8 Window and door changes are required to better facilitate the use of the building, their size and scale have been design to retain the traditional solid to void ratios, and materials are to be in- keeping with existing openings ensuring cohesion throughout the building. Conditions to ensure matching materials remains necessary for this application.
Additional office use of ground floor 7.9 Although the floor plans on the previous approval showed office space in parts of the ground floor, Condition 2 of its approval notice allowed for office use of the entire ground floor. There are no new issues or concerns in this respect and similar condition will be added in this respect.
Bats 7.10 DEFA Ecosystems have indicated that since approval of 24/91397/B it has been recoded that there are legally protected roosting bats on site and the proposed works may impact those roosts if not considered appropriately. From comments submitted by DEFA Ecosystems it appears that there is separate legislation that covers the needs for to applicant to produce information to DEFA in order for them to obtain the required written method statements. Mindful of this separate legislation it would be unreasonable to add conditions controlling something which is covered by other legislation and which the applicant is legally obligated to comply with. A note to remind the applicant will be added in this case.
8.0 CONCLUSION 8.1 The majority of this application duplicates works approved under 24/91397/B. The additional works now proposed in respect of the stacks, terrace, windows, doors, porch and veranda have all been assessed and considered acceptable and not to result in any visual or amenity harm to the site or surrounding area. Conditions of 24/91397/B will ultimately be duplicated but with some modification to take into account the new application now before us. The application is considered to accord with Environment Policy 1, General Policy 2 and Housing Policy 15, and the ground floor additional office use still remaining acceptable just as 24/91397/B.
8.2 PA 24/91397/B was considered by Planning Committee previously, given that approval and taking into account this application is similar in nature and with only minor differences it is considered acceptable to be determined via delegated powers as per 2(1) of the Planning Committee Standing Orders 2024_01.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal
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(i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 23.09.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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