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25/90048/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90048/B Applicant : Mr Mark Shuttleworth Proposal : Alterations and installation of balcony Site Address : Ballavale New Farmhouse Ballavale Road Santon Isle Of Man IM4 1EH
Planning Officer: Hamish Laird Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.07.2025 __
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 development, hereby permitted, shall be carried out in accordance with the details outlined in the Manx Bat Groups Assessment as outlined in the Ballavale New Farm, Santon; Report on a preliminary assessment for bats dated 30th June, 2025.
Reason: To prevent harm to Bats which are listed on Schedule 5 of the Wildlife Act 1990; and, protected by law arising from the development.
C 3. Notwithstanding the requirements of condition 2 of this approval, the balustrade must be made "visible" to bats by creating a return echo which will mean giving the surface a three dimensional structure, with any such measures being put in place to prevent bat strikes on the clear glass balustrades, prior to the first use of the balcony, hereby permitted. Such measures may include the use of etching; ultraviolet coating; application of decals to the glass surface; or, the insertion of high tensile wire or stainless steel rods within the glass. Any and all such measures shall, thereafter, remain in place for the lifetime of the development.
Reason: To prevent harm to Bats which are listed on Schedule 5 of the Wildlife Act 1990; and, protected by law arising from the development.
N 1. As an active protected bat roost is present in the building and could be impacted by the proposed works, 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
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Wildlife Act 1990. If this application is approved, we request that the applicant get in contact with us on 651577 as soon as possible, and at least 4 weeks before works are due to take place and ideally 2 months before, so that this written advice can be provided. There will be no charge for this.
N 2. As per the Manx Bat Group's assessment, works on the roof must commence between September - February in order to avoid roosting Leisler's bats, and a licenced bat worker must be present when the south-west corner of the roof is exposed so they can determine whether there is a roost present under the slates and therefore whether additional measures need to be put in place to protect the roost.
This application has been recommended for approval for the following reason. The proposal would comply with relevant policies GEN2, GEN3, HP15 and HP16 and ENV1, ENV4 and ENV5 of the Isle of Man Strategic Plan 2016. Therefore, it is recommended that the application be approved.
Plans/Drawings/Information;
The development shall be carried out in accordance with the following plans and details:
Drawing Number: A10 - Site location Plan @1:10,000 scale; and, Site Plan @ scale 1:1,000; Drawing Number: PR-A100 Proposed Ground Floor Plan; Drawing Number: PR-A101 Proposed Loft Plan; Drawing Number: PR-A102 Proposed Roof Plan;
Drawing Number: PR-A200 Proposed West Elevation; Drawing Number: PR-A201 - Proposed East Elevation; Drawing Number: PR-A202 - Proposed North Elevation; Drawing Number: PR-A203 - Proposed South Elevation;
Drawing Number: PR-A300 - Proposed Sections; Drawing Number PR-A401 - Proposed 3D Plan;
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Department of Infrastructure Highways Services - No objection.
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Officer’s Report
THE SITE 1.1 The site is the residential curtilage of an existing dwelling, Ballavale Farmhouse, which sits on the southern side of a lane which leads from Ballavale Road past Ballavale Barns and Ballavale, to the application property and on to agricultural land. The site as defined represents all the land owned by the applicant, not all of which has permission for use as a residential curtilage (see Planning History). This has previously been amended following discussion with the applicant to reflect the approved curtilage with a small extension to accommodate the proposed works as approved by PA 13/00328/B.
1.2 The dwelling was formerly an agricultural worker's property which was occupied contrary to the terms of that approval for a sufficient time to warrant a Certificate of Lawful Use being
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issued and the property is now legally occupied as a private dwelling. The dwelling is attractive in its appearance and has been sympathetically altered and extended over time. The garden accommodates a relatively new outbuilding, a small flat roofed garden shed which is used as gym. This is sited to the north east of the dwelling, closer to the lane.
1.3 The house has an open parking area between the lane and the building and other than a formal patio in front of the dwelling, the remaining land is largely open and unmanaged. There are trees, raised beds and chickens and no formal boundary between the formal residential area and the open space beyond the residential curtilage. The non-residential land is clearly not used as formal garden and there are no items of domestic paraphernalia on this part of the site.
THE PROPOSAL 2.1 The full planning application proposes alterations to the dwelling and the installation of a balcony extension to the first floor of the south facing elevation. This would involve a slight increase in footprint; and, alterations to the appearance of the ground floor elevation to enable the flat-roofed balcony area to be installed above. This will be accessed from the existing bedroom alongside through a new sliding door opening. The balcony area would be screened by a glazed 1.2m high balustrade.
2.2 On the ground floor the walling on the rear elevation will be refinished in smooth painted render and a new platform constructed above, surrounded by glazed balustrades. Two new projections will be constructed, taking the form of zinc finished flat roofed dormers and will accommodate the new door opening onto the balcony and a new glazed projection serving the existing en-suite bathroom alongside. An existing chimney at the rear of the property will be removed to facilitate the development.
PLANNING STATUS AND POLICY 3.1 The site lies within the Area Plan for the East and is designated as land being not for a particular purpose - essentially countryside, where there is a presumption against development as set out in Environment Policies 1 and 2. The site also lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland and within an area of High Landscape Value and Scenic Significance.
3.3 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which guides extensions to traditional dwellings in the countryside.
3.4 Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).
3.5 Paragraph 8.12.2: Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment
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of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
In addition, Housing Policy 16 advises:
"Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."
3.6 It would also be relevant to consider the general standards of development as set out in General Policy 2.
3.7 Environment Policy 4 protects biodiversity (including protected species and designated sites).
3.8 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, Transport Policy 4, and Community Policies 10 and 11.
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advice on how to make variations to the floor area of traditional buildings (extensions).
4.1.2 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plain and simple in form. Extensions to existing buildings should maintain the character of the original form".
4.1.3 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".
PLANNING HISTORY 5.1 The site has been the subject of the following applications: PA 15/00115/B- Erection of extension to existing detached garden room - Permitted - 5th March, 2015. PA 13/00328/B - Erection of a detached wooden out building Status Permitted 30th April 2013 Conditions
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of a detached wooden outbuilding as shown in drawings 1125-00A, proposed elevations, details and 1125/06C received 15th March 2013.
No permission is hereby given for the use of the outbuilding for permanent residential use. The outbuilding may be used only in association with the main dwelling house "Ballavale Farmhouse" and for purposes ancillary to the use of the main dwelling house "Ballavale Farmhouse" as a single dwelling house.
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PA 08/00948/B - Alterations and erection of extensions (comprising an amendment to the development approved under 07/01422/B) Status Permitted 26th June 2008
PA 07/01422/B Alterations and erection of extensions to provide additional living accommodation and double garage Status Permitted 14th September 2007
PA 06/01878/B - Alterations and erection of covered parking for three vehicles with 'granny flat' living accommodation above Status Refused 21st December 2006
PA 06/00299/LAW - Application for a Certificate of Lawful Use, relative to an agricultural worker's occupancy condition applied under planning application 37410 (dated 16/04/74) Status Certificate of Lawfulness AGREED 15th May 2006
PA 05/92142/C - Removal of agricultural worker occupier and agricultural holding conditions on existing property Status Application Withdrawn 22nd May 2006
REPRESENTATIONS 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Highway Services (30/01/25) has expressed no interest as they have no implications for highway safety.
6.2 Santon Parish Commissioners - no comments had been received by the Report drafting stage 22/4/25.
6.3 The Ecosystems Policy Team (10/2/25) comments as follows: The Ecosystem Policy Team do not object to the principle of these proposals. However, the works to create the balcony are located in very close proximity to one of the bat emergence points and therefore could impact on the bat roost and bats entering and exiting their roost. Therefore additional bat surveys are required prior to the determination of this application in order to determine how/if the proposals will impact on bats and their roost spaces. Bat surveys are required to identify the species of bat utilising the property, their abundance, whether they are breeding and where the roosts are located, and this will determine the mitigation required. Bat surveys should be undertaken in accordance with the Bat Conservation Trust's Bat Surveys for Professional Ecologists - Good Practice Guidelines, 4th edition (2024). Surveys will need to include summer emergence surveys and internal checks to look for bats and signs of bats. A report detailing the findings of the surveys, alongside appropriate avoidance and mitigation measures, to ensure that bats and birds are protected during and after development, should be submitted to Planning prior to determination of the application The plans also include a new clear glass balustrade in close proximity to the bat emergence point. Research has shown that smooth surfaces, such as clear glass panels, interfere with bats' echolocation patterns (effectively the bats can't 'see' them), increasing the likelihood of collision and therefore injury or mortality. Measures will therefore be required in this area to prevent collisions.
Potential conditions Should this application be approved despite this objection and without the above requested information, we request conditions are secured for the following:
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No works to commence unless bat surveys, including summer emergence surveys and
internal inspections have been undertaken by a suitably qualified ecological consultancy and a report detailing the findings has been submitted to Planning and approved in writing. No works to commence unless a bat mitigation plan has been submitted to Planning and approved in writing. No works to commence unless a plan detailing the measures that are to be put in place to prevent bat strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals. Additional Information Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it's an offence to intentionally or recklessly: kill, injure or take a bat; damage or destroy, or obstruct access to, any structure or place which bats use for shelter or protection; disturb any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to £10,000."
6.4 No comments had been received from occupants of any neighbouring or nearby properties by the Report Drafting stage (16/04/25).
7.0 ASSESSMENT
7.1 The main issues to consider in the assessment of the current application are:
a. Principle of development b. The visual impact of the proposal (HP 15, GP2); c. Impact on neighbouring amenity (GP2); d. Impact on Highways (TP 4 & EP 16); and e. Impact on site ecology (EP 4).
7.2 PRINCIPLE OF DEVELOPMENT 7.2.1 Ballavale New Farmhouse is a detached, 2-storey dwelling, of cream painted rendered walls under a steeply sloping, slate roof located in the open countryside. It has previously benefited from planning approval for the alterations and extensions to the dwelling to increase the area of living accommodation, the provision of covered parking for three vehicles with 'granny flat' living accommodation above; and, for the erection of outbuildings including a detached wooden outbuilding and an extension to the existing detached garden room.
7.2.2 The current proposal is for alterations to the dwelling to facilitate the installation of a balcony extension to the first floor of the south facing elevation. This would involve a slight increase in footprint; and, alterations to the appearance of the ground floor elevation to enable the flat-roofed balcony area to be installed above. The balcony area would be screened by a glazed 1.2m high balustrade.
7.2.4 Policy H15 of the Adopted Isle of Man Strategic Development Plan (2016) reads:
"The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
7.2.5 Given the above, the proposed extension would involve a slight increase in floor area and whilst the floor area limit of 50% as per the above Policy constraint is likely to be breached, any addition of any new floor area on the ground floor to facilitate the first floor balcony is negligible. The principle of development is, therefore, considered to be acceptable.
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VISUAL IMPACT ON EXISTING DWELLING AND THE SURROUNDING COUNTRYSIDE
7.2.7 In terms of the visual impacts of the proposed works on the existing dwelling, it is considered that the proposed balcony respects the proportions, design and form of the existing dwelling and whilst not appearing as a subordinate addition to it, would not overwhelm it. The balcony would add a contemporary element to the existing property, and it is judged that it would not unduly harm the character and appearance of the dwellinghouse. Its key features would not obscured by it as it would be on the south side away from public view and would also be 'lost' in the distance from any vantage point to the south font eh site. It would thus appear as a contemporary addition to the dwelling, and would not exceed the 50% floor space limit as outlined in Housing Policy H15.
7.2.8 In respect of the provisions of Housing Policy H16 such extensions should not generally be permitted where this would increase the impact of the building as viewed by the public. As indicated above, it is considered that it would not detract from the character of the site and its countryside surroundings.
7.2.9 The proposed works would not result in a top heavy appearance to the property as the existing roof is significant and the balcony would take up less than one third of the overall rear elevation and with the adjacent two storey projecting annex rising taller than it and the proposed dormers. What is proposed remains subservient to the remaining elevation all in accordance with the advice in the Residential Design Guide. 5.4
7.2.10 The proposed works will add useful external space to the property, enhancing its accommodation without any adverse or significant environmental impact.
7.2.11 The works would not result in the loss of any surrounding trees or impact on any tree on site, ensuring that the development does not cause harm to the visual amenity of the locality or surrounding countryside. Accordingly, it is considered the proposal is acceptable and would accord with the advice contained in Policy 3 of Planning Circular 3/91 which supports the addition of basic forms to traditional properties; and, the provisions of Policies HP15 and HP16 and EP1 in the Adopted Isle of man Strategic Plan (2016).
7.3 IMPACTS ON NEIGHBOURING AMENITY
7.3.1 With regard to impact on neighbouring dwellings, the dwelling on site stands in spacious grounds away from any neighbouring or nearby dwellings. The adjoining land lies within the ownership/control of the applicants forming part of their landholding. It is considered that there would be no impact on the residential amenities of occupants of any of these properties or the neighbouring dwelling at Ballavale to the north-west, as a result of the proposed development.
7.4 HIGHWAY IMPACT
7.4.1 With regard to Highway impact, the scheme does not propose any alterations to the means of access to the site or parking within the site. Highway Services has expressed no interest as they have no implications for highway safety. As such, it is considered that there would be no adverse impacts on parking or highway safety resulting from the proposal.
7.4 IMPACT ON SITE ECOLOGY
7.4.1 In terms of impacts on ecology or biodiversity within the site, it is also important to establish if any real harm would result with respect to ecological and environmental concerns, it would involve no loss of trees or other vegetation to facilitate the erection of the balcony extension. The comments received from the Ecosystems Policy Team (EPT) were noted in that
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it did not object in principle to the proposals and whilst they considered that a Bat Survey should be undertaken, the EPT also advised of conditions should such a survey not be carried out. The applicant subsequently submitted a Bat Survey which has been examined and commented upon by the EPT.
7.4.2 The EPT confirmed that the Manx Bat Group's preliminary assessment for bats dated June 2025, was all in order and that a suitable level of assessment has been undertaken. The EPT noted that: "As well as the potential for roost exposure, the bats are at risk from collision and therefore injury/fatality, with the proposed clear glass balustrade around the balcony, which is in close to the roost entry points. Therefore, measures are also required to minimise the risk of bat collision." This can be conditioned and suitable wording has been provided by the EPT.
7.4.3 In respect of the Glass Balustrade, the Bat Report advises:
"The balustrade will be required to be made "visible" to bats by creating a return echo which will mean giving the surface a three dimensional structure. It is not clear if this can be done whilst retaining the desired properties of a see-through balustrade and a different solution may need to be found in consultation with the architects, perhaps high tensile wire or stainless steel rods."
7.4.4 Given the comments from the EPT that the works could proceed subject to conditions, it is considered that in this regard the proposals are acceptable and that the suggested conditions, including wording relating to the use of "high tensile wire or stainless steel rods", should be applied to any approval that may be granted. This would accord with the provisions of Policies ENV4 and ENV5 in the Isle of Man Strategic Development Plan 2016.
8.0 CONCLUSION
8.1 Overall, it is considered the proposal would comply with the relevant policies GEN2, GEN3, HP15 and HP16 and ENV1, ENV4 and ENV5 of the Isle of Man Strategic Plan. Therefore, it is recommended that the application be approved.
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 (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
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o in the case of a petition, a single representative. __
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: 17.07.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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