18 December 2024 · Delegated - Principal Planner (Chris Balmer)
Ballaleigh Farm, Ballaleigh Road, Kirk Michael, Isle Of Man, IM6 1hj
The proposal involves converting redundant single and two-storey agricultural outbuildings with unique seven-sided asbestos roofs into a 182.8m² dwelling that can also operate as two tourist lets, including internal reconfiguration, removal of asbestos cladding replaced with black Eternit UrbanPro fibre cement sheeting…
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The officer assessed the proposal against countryside exception policies, finding the outbuildings sufficiently redundant from agricultural use (historically stables/storage, now largely empty despite…
Housing Policy 11
Requires redundancy of rural buildings for conversion to dwellings, with tests on scale, visual impact, amenities, highways, and sustainability. Officer found redundancy demonstrated (largely empty stables/storage), scale acceptable (182m² retained form), and all tests met without countryside harm.
Environment Policy 16
Permits conversion of redundant rural buildings of architectural/historic value to tourism use if retaining form, no landscape harm, and meeting conversion tests (a-f). Unique roof design warranted retention; conversion retains aesthetic with minor ridge lift subordinate to original, no adverse visual impact.
Environment Policy 1
Protects countryside from unwarranted development. Proposal acceptable as exception via conversion of existing buildings, no extension of footprint.
Environment Policy 2
Protects character of Areas of High Landscape Value. Alterations (re-roofing, 1m ridge increase) not dominating or harmful due to site topography and limited public views.
General Policy 3
Exceptions to countryside development include conversion of redundant rural buildings of value (b). Fits as redundant with historic interest, reasonable scale/siting.
Business Policy 11
Conversion of rural buildings to tourist use subject to policy tests. Complies via EP16/HP11.
Business Policy 12
Conversion of redundant countryside buildings to tourist use per HP11/EP16. Redundancy established.
Business Policy 14
Tourist development in rural areas per other policies. Acceptable via chain to BP12/HP11/EP16.
Transport Policy 4
Highway safety. DOI Highways no objection to access/visibility.
Transport Policy 7
Parking provisions. Parking/turning areas conditioned.
General Policy 2
General development considerations including amenities. No harm to neighbours due to separation.
Time limit
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.
Residential curtilage plan
Prior to the commencement of development hereby approved, a plan shall be submitted to the department and agreed in writing that identifies the residential curtilage of the new dwelling house and its method of enclosure. Such boundary shall be retained in perpetuity in accordance with the submitted plan. REASON: To ensure adequate amenity space is provided and for the avoidance of doubt to prevent any development creep into the countryside.
No external lighting
There shall be no external lighting of the development hereby approved other than in accordance with the lighting shown on the approved drawings. Reason: In the interests of the character and appearance of the site and surrounding area.
Parking and turning areas
The development hereby approved shall not be occupied or operated until the parking and turning areas as shown in drawing ref; 24-1820-13 have been provided in accordance with the approved plan. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Permitted development restrictions
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 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 18 - Domestic Fuel Storage; Class 21 - Construction of decking; Class 28 - Roof lights; Class 29 - Solar Panels. Reason: To control future development on the site.
Bat/bird boxes and landscaping
Prior to the occupation of the building hereby approved the Bat and bird boxes and landscaping shall be undertaken as per the details contained in the 'Landscape, bats and bird details' drawing (drawing No.24 1820 12). REASON: To ensure proper implementation of the approved plans.
Foul water drainage
The proposed foul water drainage shall be installed in accordance with drawing referenced; 14. REASON: To ensure the property has adequate foul treatment and drainage.
No Objection
No Objection (satisfied with amended plans including slotted channel drainage)
No objection, content with submitted PEAR assessment subject to conditions on lighting and bat/bird boxes
No objection following updated foul water discharge information
Highway Services and DEFA Ecosystem Policy Team both raised no objections to application 24/91059/B, with conditions requested on visibility splays, parking, bat/bird boxes, lighting, and drainage compliance; DOI Highways Drainage concerns were addressed.
Key concern: surface water runoff onto public highway contravening Highway Act 1986
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 proposed site provides suitable access and site layout for both the existing and proposed dwellings, subject to visibility splays, parking and vehicle manoeuvring areas conditioned on permission and retained thereafter.
Conditions requested: visibility splays, parking and vehicle manoeuvring areas conditioned on permission and retained thereafter
DEFA Ecosystem Policy Team
Conditional No ObjectionNo Objection subject to condition; The Ecosystem Policy Team can confirm that the Manx Bat Group’s Preliminary Assessment for bats dated July 2024 is all in order and that a suitable level of assessment has been undertaken.; No evidence of roosting bats was discovered. However, swallow and robin nests were found and therefore mitigation for the loss of nest sites is required.
Conditions requested: Bat and bird boxes and landscaping to be undertaken as per the details contained in the ‘Landscape, bats and bird details’ drawing (drawing No. 24 1820 12); No external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing
DOI Highways Drainage
Conditional No ObjectionAllowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.; Thank you for your response detailing the access drainage channel which satisfies the Departments requirements.
Conditions requested: Applicant should be aware of and demonstrate compliance with the clause above
DEFA Environmental Protection Unit
No Commentplease can the applicant or agent provide further information on the discharge route for the foul water effluent once known.; If the discharge is connected to a soak-away; percolation tests will need to be carried out in accordance with Building Regulations.; If there is any connection to a drainage ditch or watercourse, a discharge license will be required.
