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24/91397/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91397/B Applicant : Mr Mark Shuttleworth Proposal : Demolition of garage, erection of glass house, removal of one vehicular access, alterations to existing dwelling, additional use as offices Site Address : Ballavale Barns Ballavale Road Santon Isle Of Man IM4 1EH
Planning Officer: Lucy Kinrade Photo Taken : 13.02.2025 Site Visit : 13.02.2025 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.04.2025 __
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 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.
C 3. 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.
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 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.
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 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.
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.
This application has been recommended for approval for the following reason. The physical works to the existing barn as well as the erection of the new glass house are considered to be acceptable levels of development and not to adversely impact the wider character and appearance of the countryside nor to detract from the overall traditional qualities of the existing barn and buildings as a cluster in this specific case and in line with Environment Policy 1, General Policy 2 and Housing Policy 15. Suitably worded conditions in respect of the office will ensure its use only with the botanic garden and this specific nature is considered not to undermine the Draft Economy Strategy to an unacceptable degree and aligning with the principles of Business Policy 7 without preventing the existing barns use as single dwelling. Further conditions in respect of finished stone materials is necessary to ensure visual appearance is in-keeping, preventing any whole structure lighting and the need for bird strike prevention to be provided, car parking and access works to be provided in accordance with the plans, and finally a condition for the avoidance of doubt in respect of the tourist unit and the duplication of the occupation conditions from 2013 minded of the level of works proposed within this application and its physical separation and new elevation walls.
Plans/Drawings/Information; This approval relates to the following: o DWG A_1_11 REV B PROPOSED FLOOR PLANS o DWG A_2_21 PROPOSED GLASS HOUSE ELEVATIONS AND FLOOR PLAN o DWG A_2_20 PROPOSED COTTAGE ELEVATIONS AND FLOOR PLAN o DWG A_2_02 B PROPOSED ELEVATIONS 02 o DWG A_1_10 REV B EXISTING FLOOR PLANS
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o EMAIL FROM THE AGENT RECEIVED DATED 14TH MARCH 2025
o A_1_01__EXISTING_SITE_PLAN o A_1_00__LOCATION_PLAN_1_ o A_1_02__PROPOSED_SITE_PLAN o A_2_10__PROPOSED_ELEVATIONS_01 o A_2_11__PROPOSED_ELEVATIONS_02_1_ o A_2_01__EXISTING_ELEVATIONS_01 o GOOGLE_MAP_LOCATION_ o BALLAVALE_BARNS_PLANNING_STATEMENT_REDUCED o BALLAVALE_BARNS_COVERING_LETTER_
DATE PUBLISHED ONLINE 10TH FEB 2025 __
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 APPLICATION IS BEFORE THE COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
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.
THE PROPOSAL
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2.1 Proposed now are a number of works seeking to facilitate the use of the site as part of the wider botanic gardens project. The works include: o Alterations to the existing dwelling 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 o Window and door alterations throughout main barn o Introduction of solar panels to roof.
PLANNING HISTORY 3.1 There have been a number of previous applications on the site which are considered relevant in the case of this application: o PA 01/01130/A - Approval in principle for conversion of barn to dwelling. APPROVED o PA 02/01228/B - Conversion of barns to dwelling. APPROVED o PA 04/00624/B - Amendments to approved conversion of barns to a dwelling (02/01228B) including creation of a revised vehicular entrance and a staff cottage. APPROVED o PA 05/01006/B - Further amendments to approved conversion of barns to a dwelling (02/01228B and 04/00624B. APPROVED o PA 06/00205/B - Amendments to approved conversion of barns to a dwelling (05/01006B) to incorporate partial demolition and reconstruction. APPROVED o PA 06/02243/B - Necessary demolition of further limited areas of existing structure (Amendments to approved 06/00205/B). APPROVED o PA 08/02324/B - Erection of an annexe to provide ancillary living accommodation. REFUSED. o PA 10/00041/B - Erection of a building to provide gym, garage and boat store for use incidental to main dwelling and creation of a new access road. APPROVED o PA 13/91380/B - Conversion of existing gym, garage and boat store into tourist accommodation - APPROVED.
3.2 Also relevant are a number of other applications in the nearby area and on land also under ownership of the applicant relating to the creation of a botanic garden: o 13/00830/B - creation of a production house and walled garden (amended under 16/00358/ B). APPROVED o 13/00831/B - creation of a water cascade and amphitheatre. APPROVED o 13/00832/B - creation of meadow orchard, meadow, lake, wetlands, boglands and glen. APPROVED. o 13/00834/B - creation of gardener's compound and sensory garden: this incorporated new buildings for vehicle and machinery storage as well as a more formal building for education, changing facilities, office facilities, archive library and kitchen facilities. These new buildings have not been implemented. APPROVED. o 16/00365/B - erection of temporary greenhouse. APPROVED. o 16/00358/B - Creation of a terraced orchard and revised siting of greenhouse (amendment to PA 13/00830/B). APPROVED. o 14/01190/C - Change of use of land from farmland to woodland in selected areas. APPROVED. o 21/00299/B - Alteration and erection of extensions to existing farmhouse to provide daily access and toilet facility for estate employees and additional use of existing living space for visiting consultants. APPROVED.
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
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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 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
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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 distinctivness, 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 (13.01.2025) 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 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, site layout and proposed operational use should be attached to permission (for parking and amenity purposes).
6.2 DEFA Ecosystems - no objection but requested additional information re: lighting of glass house and potential spill on adjacent habitats (27/01/2025). Applicant provided response and updated comments (06/02/2025) stated no objection subject to conditions relating to information being provided for measures for reducing bird strike which may include etching, decals or ultraviolet coatings.
6.3 The following were also consulted but no response received as of 17/04/2025: o Santon Commissioners o DEFA Forestry o Manx Utilities
ASSESSMENT 7.1 The key issues to consider as part of this application are: a) Physical works to the existing barn b) Demolition of garage and erection of glasshouse c) Removal of access d) Additional use for offices
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e) Ecosystems and lighting
7.2 a) Physical works to existing barn 7.2.1 Housing Policy 15 requires works to existing traditionally styled properties to "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)". The key works to the building seek to create a more focal entrance with double height glazing and open sided porch. To facilitate these works windows and doors on the same elevation are being altered and either infilled or made into smaller windows to match those at first floor. A larger doorway on the adjacent barn is also being made smaller to provide a single doorway and window. Two small single doors are also proposed on the rear elevation.
7.2.2 The existing building has already been subject to alteration and change over the years but still retains its traditional stone barn appearance. The physical works now proposed are of an acceptable size and scale and do not detract from the overall form as a converted barn. There was some lack of clarity in the proposed finishes particularly with regards to the external stone work. Original applications for conversion sought appropriate stone work and slate finishes to the roof, and so to ensure suitable continuity a similar suitably worded condition for stonework to match is also considered applicable here.
7.2.3 In respect of roof finish, the proposal now includes for the installation of solar panels to parts of the existing roof slope. Such works are becoming increasingly more comment throughout the Island and a certain level of which also permissible under the Permitted Development Order. Their installation here will undoubtedly bring a more current day appearance but would not be unobjectionable in this case and would not detract from the overall character as a converted barn.
7.3 b) Demolition of garage and erection of glasshouse 7.3.1 Planning history indicates that the site of the garage to be demolished once formed part of the original farm building cluster and so taking this away may start to erode the original layout of this farm group. The existing tourist unit was a newer build section approved later in 2010/2013.
7.3.2 It is clear from visiting the site and from planning history that the character of the garage building has changed over time and with its large garage doors and render finish sets it somewhat apart. From the access lane the form, proportion, arrangement and materials all positively contribute to the building group, although from within the courtyard the large openings forming the garage doors and large windows do take away some of its original character and quality.
7.3.3 The loss of this part of the building would have some negative impact particularly on the traditional layout and formation of the buildings as a group. Nevertheless the main 'L' shape barn is being retained and the proposed replacement glass house is to sit on a similar footprint and which will remove of the access points which is to be addressed further in this report. Often smaller greenhouses are found within typical domestic curtilages. Larger glass houses can often be found within grounds of much grander properties or estates and forming part of the outbuildings and secondary structures to the main residence. Its location here seeks to best retain the courtyard arrangement of the buildings but is a clear anomaly to the traditional stone buildings surrounding it. Nevertheless the proposed building is quite evidently a glass house and is positioned to prevent any spread of development outside of the existing built up area and positioned to serve the wider botanic gardens and those visiting the site. It has been designed to include a stone plinth base which will link with the adjacent buildings and overall is not considered to result in any significant adverse harm to the site or the surrounding area and will have an acceptable visual impact from the private shared lane and from any distance views along the heritage railway line.
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7.3.4 Works in the demolition and erection of the glasshouse will also require works to make good the existing tourist unit. Plans have now been provided for details of those works which are considered to be in keeping and condition will ensure external material finish. The use of that unit was conditioned under previous approval 13/91380/B and similar conditions will be added for the avoidance of doubt in this case.
7.4 c) removal of access 7.4.1 The reduction and removal of the second access is unobjectionable in this case. The proposal retains one suitable access running in front of the tourist unit and submitted drawings show space within the courtyard for the parking of at least six vehicles and with space to turn.
7.5 d) Additional use for offices 7.5.1 It is clear from supporting information that the nature of the proposed office use is to work alongside the wider botanic garden project and provide an area for conference and meeting space as well as hot desks for working by any visiting botanic specialists.
7.5.2 The property will remain capable of being a single dwelling unit with kitchen and living space retained across both floors and all sleeping accommodation retained at first floor.
7.5.3 Policies within the Strategic Plan general seek to direct new development including office space to existing town centres for sustainability purposes and to ensure longer term vitality and viability of those centres. The Draft Economy Strategy 2024-34 also encourages a town centre first approach. Creating a new office here in this countryside and unsustainable location would be seen to undermine those policies. However, with the nature of this intended use being specifically linked to the immediate botanic gardens it would seem senseless to have it located further away. The nature of use is fairly small scale and accommodating only a number of rooms on the ground floor. The small scale and the specific botanic nature linked to the gardens weighs in favour of being at this specific site, and additional use of part of the existing traditional building aligns with Business Policy 7 and prevents the proliferation of other buildings which may lead to an adverse impact on the character of the area. Office use may not be the only or most appropriate way of securing a buildings future, but in this case the proposal would not prevent the barn's longer term use a single dwelling.
7.5.4 Suitably worded conditions can be added to ensure the office use is restricted to those areas as shown on the plans only and for uses linked only to the botanic gardens.
7.6 e) Ecosystems and Lighting 7.6.1 DEFA Ecosystems raised concerns regarding the potential for light spill from the glasshouse particularly minded of the wood and rural surrounding habits and which could impact bats and invertebrates.
7.6.2 The agent confirmed that there would not be any permanent, whole structure lighting used in rapid growing glasshouses. Some germination may require some specific light patterns but these would be occasional and unusual cases. Where possible the intention is to use enclosed cabinets with built in lighting to contain the light and minimise light pollution.
7.6.3 DEFA Ecosystems provided updated comments indicating 'no objection subject to conditions' with details requested for the prevention of bird strike. There have been instances where such a condition has not been actioned due to the small area of glazing being proposed, however in this instance given the size, scale and nature of the glasshouse, its location and wooded surroundings in this case that it would be appropriate to seek these details by condition.
8.0 CONCLUSION 8.1 The physical works to the existing barn as well as the erection of the new glass house are considered to be acceptable levels of development and not to adversely impact the wider
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character and appearance of the countryside nor to detract from the overall traditional qualities of the existing barn and buildings as a cluster in this specific case and in line with Environment Policy 1, General Policy 2 and Housing Policy 15. Suitably worded conditions in respect of the office will ensure its use only with the botanic garden and this specific nature is considered not to undermine the Draft Economy Strategy to an unacceptable degree and aligning with the principles of Business Policy 7 without preventing the existing barns use as single dwelling. Further conditions in respect of finished stone materials is necessary to ensure visual appearance is in-keeping, preventing any whole structure lighting and the need for bird strike prevention to be provided, car parking and access works to be provided in accordance with the plans, and finally a condition for the avoidance of doubt in respect of the tourist unit and the duplication of the occupation conditions from 2013 minded of the level of works proposed within this application and its physical separation and new elevation walls.
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 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 28.04.2025
Signed : Presenting Officer
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