Planning Statement

PLANNING STATEMENT IN SUPPORT OF THE ISSUE OF A CERTIFICATE OF LAWFULNESS FOR USE OF LAND AS RESIDENTIAL CURTILAGE, BALLABUNT CROFT, COOIL ROAD, BRADDAN IM4 2AQ

Aerial photograph taken in 2023

Sarah Corlett Town Planning Consultancy Ltd 1 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.0 Introduction
• 1.1 Ballabunt Croft is an existing dwelling which sits at the junction of the A24 Cooil Road and the B32 Lhergy Cripperty. The dwelling sits right alongside both highways and is clearly visible therefrom.
• 1.2 A detached garage sits immediately to the west with established trees immediately behind it, screening it from the road. An entrance drive curves through a managed lawn to approach the garage.
• 1.3 The site extends to the west to a point with an overall frontage to the A24 of around 142m. The site extends to almost 2 acres (0.8ha). The site is mostly lawned with a triangular stand of trees in the western corner and with a line of trees immediately to the west of the detached garage. All of this be seen on the aerial photograph above.
• 1.4 The applicants purchased the site in 2017 and moved in in 2018 on the understanding that all of the site was considered to be residential curtilage. This is how it was described in the sales particulars which are provided and as laid out and used by the previous owners. Indeed the previous planning applications show all of the site in the red line and described as “residential” without question by the planning office.
• 1.5 Following unsuccessful applications for the erection of a garage, it became apparent that the Department did not consider the whole of the site to be residential curtilage and that being the sole reason for refusal of the erection of this additional structure.
• 1.6 This application now seeks a Certificate of Lawful Use of the site as a residential curtilage associated with the existing house and outbuildings of Ballabunt Croft.
• 1.7 The plans indicate three potential curtilages. It is our principal position that all of the site is and always has been residential curtilage and would request that the application is considered on this basis. However, some of the aerial photographs

Sarah Corlett Town Planning Consultancy Ltd 2 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

show a small section of the site in the western end managed slightly differently and should the Department consider that it has not been demonstrated that this part of the site has consistently been used as residential curtilage, we would accept that a smaller area, as shown in either of the alternative site plans, could be considered to be residential curtilage.

Sarah Corlett Town Planning Consultancy Ltd 3 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.0 The proposal
• 2.1 This application seeks the issue of a Certificate of Lawful Use of the entire site as a residential curtilage. There would appear to be no issue with the identification of the eastern part of the site in front of the garage and dwelling being considered as residential curtilage, but a succession of applications have revealed concern that the western section of the site is not part of the residential curtilage and is agricultural land/open space.
• 2.2 The site was purchased by the present owners in 2017. The sales particulars relating to the property at the time are attached. The information includes the following statements:

Spacious detached country home in approximately 2 acres Approximately 2 acres in total comprising extensive lawns and block paved driveway and parking area with space for numerous vehicles. Mainly laid to lawn with mature hedges and trees. Sheltered garden: mixture of patio and lawn with mature shrubs to borders. The sales particulars include the following photograph which shows a trampoline in the area beyond the curbed driveway.

Sarah Corlett Town Planning Consultancy Ltd 4 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.3 None of the sales particulars describes the curtilage as being in two parts and there is no reference to any agricultural or non residential land within the site.
• 2.4 Below are aerial photographs showing the site in from 2001. The 2001 application shows all of the site clearly mown and managed as one entity. The 2012

Sarah Corlett Town Planning Consultancy Ltd 5 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

aerial photograph shows, as does the 2021 image, the section immediately alongside the house managed with the section either side of the driveway.

Sarah Corlett Town Planning Consultancy Ltd 6 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd 7 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

2021

Sarah Corlett Town Planning Consultancy Ltd 8 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.0 PLANNING CONTEXT
• 2.1 The property sits within an area not designated for development on the Area Plan for the East (2010).
• 2.2 There are no Environmental Constraints shown on the appropriate map accompanying the Area Plan. The route of the gas main is shown running through the north eastern part of the site:
• 2.3 The site lies within an area of Incised Inland Slopes (D10) in the Landscape Character Assessment of 2008. The full study on which this is based is summarised as follows in the Area Plan Written Statement:

Landscape Strategy: Conserve and enhance:

• a) the character, quality and distinctiveness of the area, with its open large pastoral fields;
• b) its Manx hedges;

Sarah Corlett Town Planning Consultancy Ltd 9 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• c) its scattered farm houses fringed by trees;
• d) its sunken and enclosed rural road network and its numerous archaeological features.

Key Views Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the builtup edge of Douglas. Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part.

• 2.4 Development in areas not designated for development is presumed against unless it complies with the exceptions listed in General Policy 3.
• 2.5 New development is generally directed towards existing settlements (Strategic Policies 1, 2 and 10, Spatial Policy 5 and Transport Policy 1).
• 2.6 The countryside is protected for its own sake (Environment Policy 1). The site lies at the edge of but within an area of an area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982 and as such, Environment Policy 2 is applicable and provides additional protection against harmful development in the countryside unless it can be demonstrated that the development is essential.
• 2.7 Development which is harmful to ecology or would result in the loss of trees of amenity value is presumed against (Environment Policies 3, 4 and 7).

Sarah Corlett Town Planning Consultancy Ltd 10 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.0 Planning history
• 3.1 The site has been the subject of the following applications:

85/00094/B - alterations including rebuilding of existing structure and replacing flat roof with pitched roof - permitted

88/01822: construction of conservatory, demolish garage and erection of three car garage - permitted at appeal

96/01427/B - Construction of new pitched roof to replace existing flat roof over part dwelling and erection of stable block containing three stables - permitted

07/00345/B - erection of a new porch to rear and creation of a new window to side elevation. The site was defined in this application as follows and in the application form the existing and proposed site is stated as Residential.

Sarah Corlett Town Planning Consultancy Ltd 11 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

09/00860/B - alterations to door/window - permitted. The site was defined in this application as follows and the existing and proposed site use stated in the application form as Residential:

The planning officer reporting on the application states the following: “The application site comprises the residential curtilage of a detached dwelling that is locate o the northern side of Cooil Road in Braddan.”

19/00978/B - Erection of a detached barn style building for the private storage of vehicles - refused

22/00968/B - erection of barn type building for use as a private garage - refused at appeal.

These last two applications were refused as the proposed building was considered to be outwith the lawful residential curtilage. The inspector considering the last refusal comments that

1. There is disagreement in this case as to the planning status of the land on which the proposed building would be sited. The appellants maintain that the

Sarah Corlett Town Planning Consultancy Ltd 12 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

land forms part of the residential curtilage to Ballabunt Croft for planning purposes, whilst the Authority is of the view that the site lies within field 521730, on land not within the residential curtilage, on land not designated for development. The importance of establishing the planning status of the land goes to the implications of the relevant planning policy framework for consideration of the scheme and the principle of development here.

1. In part, the appellants seek to rely on advice given by a principal planning officer following refusal of an earlier application for a similar proposal (see below). However, that advice is informal only and is not binding on the outcome of any formal application for planning permission. I appreciate the appellants’ frustrations in that having, as they saw it, followed the advice they were unsuccessful again. However, they have an avenue to formally challenge the Authority’s interpretation of the planning status of the land, through an application for a Certificate of Lawfulness of Use or Development under Section 24 of the Town and Country Planning Act 1999. Such an application is not before myself or the Minister in the context of this current appeal, made under Article 10 of the Town and Country Planning (Development Procedure) Order 2019, which is confined to consideration of the planning merits of the scheme. My role, in this regard, is to assess the proposal on that basis in the light of current planning policies.

4....In my view, the principles of natural justice would be best served through assessment of a formal application for a Certificate of Lawfulness, which would allow full and informed consideration of all relevant matters.

Sarah Corlett Town Planning Consultancy Ltd 13 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.0 THE PROPOSAL
• 3.1 This application seeks the issue of a Certificate of Lawful Development for the use of either all of the site as residential curtilages or part thereof as depicted in the accompanying plans.
• 3.2 The sales particulars provided are clear that the site is a 2 acre residential property. These date from 2017 and we would say, from that date, confirm that the whole of the site is residential.
• 3.3 The series of aerial photographs above show that certainly in 2001 all of the site was managed and mown as domestic lawn and there was no distinction between the section in front of the house which is accepted is residential curtilage, and the rest of the site.
• 3.4 As the years went on, it would appear that the section to the south west of the house was managed differently although the photographs below taken in 2023 show that the site is once again being managed and used as it was in 2001.

Sarah Corlett Town Planning Consultancy Ltd 14 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd 15 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd 16 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 4.0 ASSESSMENT
• 4.1 The Town and Country Planning Act 1999 states at Schedule 4.3 that

No enforcement notice may be issued —

• (a) in respect of a breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed;
• (b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwellinghouse, after the end of the period of 4 years beginning with the date of the breach;
• (c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.

• 4.2 It is our position that the whole of the land associated with Ballabunt Croft was originally accepted as residential curtilage associated with that property, as shown in the previous planning applications on this site and that for a period of at least 10 years been used as a dwelling and residential land associated with that property and that a Certificate of Lawful Use should be granted in this respect.
• 4.3 Should the Department consider that not all of the site has been residential curtilage for the required time, we provide two alternatives which show the section to the west excised from the residential curtilage and would be grateful if these could be considered to establish that at least the part of the site closest to the dwelling and existing garaging is and always has been part of the residential curtilage.

Sarah Corlett 06.08.25

Sarah Corlett Town Planning Consultancy Ltd 17 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C