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25/90679/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90679/C Applicant : Ms Isabella Dudgeon Proposal : Change of use from ancillary living accommodation to dwelling with additional use as tourist accommodation Site Address : The Annex The Old Rectory The Cronk Ballaugh Isle Of Man IM7 5AX
Planning Officer: Hamish Laird Photo Taken : 07.08.2025 Site Visit : 07.08.2025 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.09.2025 __
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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), in respect of the pair of new semi-detached dwellings permitted to be erected on the site no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Class 13 - Greenhouses and polytunnels Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports Class 21 - Decking
Reason: To control future development on the site in the interests of visual amenity.
This application has been recommended for approval for the following reason.
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The proposed development for the use of the existing ancillary accommodation (The Barn) as a dwelling with associated tourism use is acceptable. There is no demonstrable harm to the above outlined interests arising from the application. The living conditions of the neighbouring properties would not be made worse as a result of the proposal as there are no physical works proposed. The property is presently lawfully occupied as a unit of ancillary residential accommodation, and the circumstances of any future occupancy would not change, only the frequency and overall number of occupants during the tourist season should a tourism use be adopted. There would be no adverse impact on the character and appearance of the property within the street scene, or to the character and appearance of the surroundings and the Conservation Area. The application accords with the provisions of Housing Policy 11, Environment Policies 10, 13, 22, and 23, Business Policy 13, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016, and is recommended for approval.
Plans/Drawings/Information;
D - Approved plans and documents
The development, hereby permitted, shall be carried out in accordance with the following drawings and details:
Drawing No. 1 - Location and Site Plan; Drawing No. 2 - Proposed Residential Curtilage; Drawing No. 3 - Existing Plans and Elevations; Drawing No. 1092-104 - Elevations and Sections as Proposed;
All date-stamped received 11th July, 2025.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Ballaugh Commissioners - No comments received. DoI - Highway Services - No comments received. DEFA - Foresty, Amenity and Lands - comments only - no objection received.
Third parties NONE. No Third Party comments have been received. __
Officer’s Report
1.0 THE SITE 1.1 The application site comprises a stone barn located within the curtilage of The Old Rectory, at The Cronk, Ballaugh. The barn was granted permission in 2006 (ref: 06/02206/B) for conversion to ancillary accommodation in connection with the main dwelling at The Old Rectory. However, it was, in practice, built as a self-contained unit, with its own kitchen, bathrooms, bedrooms, living areas, garden, access, and parking provision.
2.0 THE PROPOSAL 2.1 This proposal seeks a formal change of use from ancillary residential accommodation to a separate, independent dwelling with additional use to provide for short-term holiday accommodation use. To enable this to occur, the Full planning application seeks to remove the restrictive occupancy condition, thereby allowing the unit to be occupied independently or let as short-term holiday accommodation.
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2.2 The barn is located within the private curtilage of The Old Rectory. It has:
o Two bedrooms o Kitchen, bathroom, and living space o Its own dedicated access o Separate off-street parking o Outdoor amenity space and a garden o A detached outbuilding suitable for garage or workshop use
2.3 No internal or external alterations are proposed as part of this planning application.
3.0 PLANNING HISTORY 3.1 2005 Application - Ref. 05/92220/B: An application was submitted for the conversion of the barn to a separate dwelling. This was refused on policy grounds, including concerns about design and the suitability of the access. On appeal, the Planning Inspector upheld the refusal solely on design grounds, stating the proposal was contrary to Planning Circular 3/89 and draft Housing Policy 15 because the conversion failed to respect the form and character of the vernacular building. Importantly, the Inspector rejected the Highways-related refusal reason, stating that the access, though substandard, had previously been accepted and no intensification was likely to arise.
3.2 2006 Application - Ref. 06/02206/B: A revised application was submitted for a different scheme that retained the same principle of converting the barn, but with a design that met the character and proportions of the original building. This application was approved. Planning approval referred to the barn as "ancillary living accommodation" and imposed Condition 5, which restricted use of the barn to purposes ancillary to the Old Rectory.
PLANNING POLICY 4.1 The site falls within the countryside outside the Settlement Boundary for Ballaugh in an area zoned as not for any particular purpose on the Draft Area Plan for the North and West (24 June, 2020). The site is not a Registered Building or within a Registered Tree Area. It is not in a Conservation Area.
4.2 The site has previously been used for the purposes of providing tourist accommodation (since 2006) and operates to all intents and purposes as separate unit of living accommodation i.e. a dwelling. In terms of paragraphs and policies within the Strategic Plan, Housing Policy 11 advises:
"Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re-establish the original appearance of the building; and (b) use the same materials as those in the existing building. Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.
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Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
4.3 Housing policy 15 sets out a general presumption in support of the conversion of redundant buildings in the countryside to tourist use subject to the policies set out in paragraph 8.10.1 - 8.10.3 and Housing Policy 11.
4.3 As tourist accommodation provided it does not compromise the amenity of the neighbours, Environment Policy 16 deals with the use of existing buildings for new purposes such as tourism accommodation, and reads:
"Environment Policy 16 indicates: The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation; b) the re-use of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) there would not be unacceptable implications in terms of traffic generation; e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site.
4.4 Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document."
4.5 Environment Policy 23 addresses changes to neighbouring amenity as a result of development. The general design standards set out in GP2 b, c, g and i); GP3 b); and, the Residential Design Guide 2021 shall also be taken into consideration along with Environment Policy 13, Community Policies 7 and 11 in respect of flood risk, minimising criminal activity and reducing spread of fire.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Ballaugh Parish Commissioners - No comments had been received by the Report Drafting stage (14/9/25).
5.2 Department of Forestry, Amenity and Lands (28/7/25) - comments: "Thank you for consulting with us on this current application. We have now had an opportunity to undertake a cursory desktop review and have the following comments.
There are no registered trees impacted and no other trees of note. As such we have no objection to the current proposal on arboricultural grounds."
5.3 Highway Services - No comments had been received by the Report Drafting stage (14/9/25).
THIRD PARTY/NEIGHBOUR REPRESENTATIONS 5.4 No letters of representation had been received by the Report drafting stage - (14/9/25).
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ASSESSMENT 6.1 The application seeks approval for a change of use from the existing permitted use as tourist accommodation to a residential property with additional tourist use. No changes are proposed to the external appearance or internal layout of the property.
Residential use: 6.2 From the Case Officer's site visit on 7/8/25, and from the site photographs submitted by the applicant as shown on Drawing No. 2, it is clear that the former barn has been used as a unit of living accommodation, albeit as ancillary accommodation to that of the principle dwelling on the site at The Old Rectory. Whilst it was unoccupied at the time of the Case Officer's site visit, it is considered that the use of the Barn as a permanent unit of living accommodation - a dwelling - would meet the criteria outlined in policy H11, and as such there is no objection to the proposal on planning grounds.
Tourist use: 6.3 With regard to the additional use of a residential property as tourist accommodation, this can be supported. Such a use would not compromise neighbours amenities. This complies with the provisions of Environment Policy 16; and, Business Policies 11 and 12, and an approval of this use along with the use of the barn as a dwelling is considered to be acceptable.
6.4 In cases like this it is less problematical in considering proposals relating to properties which are located within the countryside rather than an urban setting which tend to be more constrained in terms of neighbouring residential occupants living close-by where they may be disturbed by the tourism use. Here, there is already a degree of activity in the area, mainly coming from the A2 Ramsey - Douglas road which tends to be busier with tourism related traffic in the spring/summer months, and it may be difficult to discriminate the behaviours and particularly traffic movements stemming from tourism as opposed to permanent residents. It may be that as a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents (there are two neighbouring properties here) may be at home more, and could be more likely to invite friends or family over for dinner or parties that may be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave.
6.5 The site is already in residential use as ancillary residential accommodation, and a use for tourism purposes would simply add to the potential for full-time occupancy of the property.
6.6 It is not expected that there will not be any new or increased demands on parking between the proposed residential use, or as a result of the proposed tourist use. There are bus stops located in Ballaugh, and on the A10 where the site is located between Ballaugh and Jurby, although given the rural location any tourist use would most likely be by car users, and possibly cyclists. There are public car parks as well as on-street parking in Ballaugh, Kirkmichael, Jurby, Peel and Ramsey, which could be used either by the permanent residential occupants or by any anticipated tourists. These transport related aspects in this case are not considered to be determining factors in any consideration of this proposal.
6.7 This application is for both a residential and/or an additional use for tourism and so the use can easily switch between the two. It is noted that although the nature of the tourist use might be slightly different from permanent residential accommodation, the use of the site for private rental accommodation (should this application be approved) would not require planning approval, and could result in frequent and continual turnover of residents. The property is also a 2-bed property and is not of a size where it could accommodate large numbers of guests. Therefore, on balance it is considered the use could have a similar impact, whether it is used for tourist or permanent residential use. Business policy 13 indicates that such a use will generally be acceptable providing that it does not compromise the amenities of neighbouring
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residents - which here it would not. Balancing the above narrative; the lack of any objection to of this proposal from any neighbours; and, the lack of any objection from the Commissioners, this aspect is seen to be unlikely to have an unacceptably harmful impact upon the living conditions of occupants of the neighbouring properties and is considered to be acceptable.
7.0 CONCLUSION 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm to the above outlined interests arising from the application. The living conditions of the neighbouring properties would not be made worse as a result of the proposal as there are no physical works proposed. The property is presently lawfully occupied as a unit of ancillary residential accommodation, and the circumstances of any future occupancy would not change, only the frequency and overall number of occupants during the tourist season should a tourism use be adopted. There would be no adverse impact on the character and appearance of the property within the street scene, or to the character and appearance of the surroundings and the Conservation Area. The application accords with the provisions of Housing Policy 11, Environment Policies 10, 13, 22, and 23, Business Policy 13, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 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 (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).
8.2 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.
8.3 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.
8.4 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.
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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
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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: 17.09.2025
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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