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25/90274/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90274/C Applicant : Mr Paul Mcauley Proposal : Extension of residential curtilage (change of use from paddock to residential garden) (retrospective) Site Address : The Old Stables 1 Balnahow Farm Barns Balnahowe Santon Isle Of Man IM4 1HN
Planning Officer: Paul Visigah Photo Taken : 04.09.2024 Site Visit : 04.09.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.06.2025 __
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):
Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.
This application has been recommended for approval for the following reason. On balance, it is considered the proposal would be acceptable, having no significant adverse impacts upon the surrounding landscape, agricultural land, private or public amenities, and biodiversity. While the proposal does not meet the exemptions outlined under General Policy 3 (GP3), it aligns with the established residential character of the site and formalizes an existing boundary. The curtilage extension remains visually unobtrusive, enclosed within existing
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boundary treatments, and does not disrupt the broader countryside setting. As such, the proposal broadly complies with Environment Policy 1, General Policy 3, and Spatial Policy 4 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the documents and plans received 12 March 2025.
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Right to Appeal
None. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES TO INCREASE THE RESIDENTIAL CURTILAGE INTO LAND NOT DESIGNATED FOR DEVELOPMENT, WHICH COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN, BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The site comprises Field 425312 which sits directly south of the residential curtilage of The Old Stables, 1 Balnahow Farm Barns, Balnahowe, which is part of Balnahow Farm - a complex of five dwellings, residential outbuildings, associated paddocks, and agricultural outbuildings which were up until relatively recently, a working farm, situated at Balnahowe, Santon. The farm has been sold and the land around it sold separately and is now being farmed in association with Southampton Farm whose farm buildings are based in Port Soderick.
1.2 The complex sits on both sides of a private road which joins the public road which connects to the Old Castletown Road some way to the west. This public road provides access to the Meary Veg sewage treatment plant, as well as a number of dwellings. The houses are a combination of traditional (Ballacregga and Balnahow Farmhouse) with the majority being non- traditional properties of one and two storeys. One group of the buildings north of the private road serving the estate are arranged in an L shape with additions to the east. The building to the south is arranged in a linear pattern.
1.3 The site which is the subject of the current application is part of the paddock to the rear which is named paddock on the approval documents under PA 17/00563/B associated with the broader estate.
1.4 There are no views to the site from the public road which joins the estate road due to the orientation of the site relative to these, the situation of the dwellings strung along the access road, and the nature of the boundary treatment along the Balnahow Farm House which sits just outside this complex of dwellings (comprising dense mature plantings and shrubbery).
2.0 THE PROPOSAL 2.1 Planning approval is sought for Extension of residential curtilage (change of use from paddock to residential garden) (retrospective). The current residential curtilage has an area of land measuring about 1,030.3, with the proposed scheme seeking to increase it to about 2,101.4sqm, which is a 1,071.1 sqm increase in curtilage size and about 104 percent increase in curtilage size.
2.2 The applicant has provided the following supporting information as justification for the proposal:
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1. They are seeking retrospective approval to rectify and regularise the garden curtilage as it was originally in place when the property was purchased in September 2019 from Brandywine Limited. 2. They note that Brandywine Limited has already submitted the correct curtilage for plots 2, 3, and 5, ensuring consistency across multiple properties. 3. Approval was not previously sought for the Farmhouse (number 4) or The Old Stables (1 Balnahow Farm Barns), necessitating the current request. 4. Retrospective approval has already been granted for number 4 under PA 19/00890/8, reinforcing precedent for similar approval in this case.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site lies within an area not designated for a particular purpose on the Area Plan for the East. The site is not within a Conservation Area or prone to flood risks. There are no registered trees on the site, and the site is not within a registered tree area.
3.2 Area: Area Plan for the East 3.2.1 The Character Appraisal within the Area Plan for the East states thus concerning the area: Landscape Character Area: Santon (D13) 3.2.1.1 Landscape Strategy o 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.
3.2.1.2 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. o Views from Isle of Man Steam Railway.
3.3 National: STRATEGIC PLAN (2016) 3.3.1 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). As currently proposed, the scheme also does not pass any of the exemptions for development that would be allowed in the countryside, as the exemptions do not include domestic extensions onto agricultural land. However given that the application site is linked with existing dwellings, within a complex of dwellings within the countryside location, it would be relevant to consider the general development considerations articulated in General Policy 2.
3.3.2 Relevant Strategic Plan Policies: 1. General Policy 2 - General Development Considerations. 2. Environment Policy 1 - Protection of the countryside and inherent ecology. 3. Environment Policy 14 - Seeks to prevent the permanent loss of important and versatile agricultural land (Classes 1-2). 4. Strategic Policy 1 - Efficient use of land and resources 5. Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
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6. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. 7. Strategic Policy 5 - Design and visual impact 8. Spatial Policy 5 - Development in countryside only in accordance with General Policy 3. 9. Transport Policy 4 - Highway capacity and safety considerations. 10. Community Policies 7 - provide guidance in respect of minimising criminal activity and antisocial behaviour.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The following previous planning applications are considered relevant in the assessment and determination of this application.
PA 17/00563/B for conversion of redundant farm outbuildings into 5 residential units with associated garages and site works - Approved by the Planning Committee on 07.08.2017. The curtilage boundary set out within the approved document does not reflect the proposed curtilage extent which the applicant opines was the appropriate curtilage. A note was added to ensure that the scheme must be undertaken in accordance with the approved plans.
Extract form Planning Committee minutes: "Members expressed concern regarding the apparent increasing numbers of farm buildings being given over to residential use, contrary to Environment Policy 1 but other members and Miss Corlett suggested that the proposed development complies with Housing Policy 11 and Environment Policy 1, and that the Applicant had taken on-board pre-application advice when submitting the application under consideration. If the countryside is to be protected, then vernacular and attractive buildings such as these should be retained where possible and may well need to be used for different purposes. The retention and maintenance of these buildings contributes to the protection of the countryside as well as providing opportunities for people to live in the countryside, for which there is clearly a demand, without introducing new built fabric into rural areas."
PA 19/00682/B for erection of a building to provide two garages and alteration to garden curtilage boundary lines. This maintained the curtilage boundary lines as defined by PA 17/00563/B which the current curtilage extent conflicts with.
5.2 Whilst not directly related to the application site, the following applications for properties within the estate are particularly relevant in the assessment and determination of the application:
PA 19/00890/B for Erection of a detached garden store - Approved. The planning history for that proposal is considered relevant. It reads: "PLANNING HISTORY 4.1 17/00563/B approved the conversion and alteration of the buildings to residential and the approval was subject, inter alia, to a condition which suspends some of the provisions of the Permitted Development Order:
"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 extensions, garages, garden sheds, walling, fencing or summerhouses may be erected without planning approval at any time other than those shown and approved in this application.
Reason: To control future development on the site."
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4.2 In any case, the residential curtilage of unit 4 is subdivided by the lane and as such the provisions of the Order would not apply to the southern part of the curtilage. Note: The above clearly presents the site context for Building 4 which was considerably different from the other properties in the estate which had every part of their curtilage attached to the building.
PA 24/00614/B for change of use to residential garden and retrospective approval for glamping pod, timber sheds and timber decking. This was approved by the Planning Committee on 14.10.2024.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways Division have no interest (20 March 2025).
6.2 Santon Commissioners have not made any comments on the application although they were consulted on 13 March 2025/8 April 2025.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the current application are: a. The Principle (GP3, EP1, STP 2, & SP5); b. Impact on Landscape (EP1, SP4, SP5, & GP2); c. Impact on Agricultural Soils (EP14); d. Impacts on Biodiversity (EP1, STP4, & GP2);
7.2 PRINCIPLE OF THE EXTENSION OF THE RESIDENTIAL CURTILAGE 7.2.1 The application site is positioned outside the defined settlement boundary of Santon, within open countryside. According to Environment Policy 1 (EP1) and General Policy 3 (GP3), countryside preservation is a priority unless an overriding national need is demonstrated. Strategic Policy 2 and Spatial Policy 5 further reinforce this by permitting countryside development only in exceptional circumstances or in accordance with GP3. While the proposal does not fall within specific exceptions outlined in GP3, the site's established residential character and the nature of the curtilage expansion must be weighed alongside these policies.
7.2.2 Building on this point, prior planning approvals and the historic residential extent of properties such as Balnahow Farmhouse have shaped curtilage arrangements within the estate. In particular, part of the subject site, identified as 'Paddock' in previous approvals, serves as an integrated extension of existing garden spaces rather than an isolated intrusion into open countryside. As a result, this continuity within the estate supports the appropriateness of the curtilage expansion.
7.2.3 Furthermore, the proposed extension does not encroach on the countryside but rather formalizes an established boundary within the broader residential estate. The transition between garden areas and the extended curtilage is visually cohesive, reinforcing residential coherence while maintaining land use integrity. In addition, curtilage arrangements within the estate have evolved over time, shaped by historic approvals and other developments that contribute to its character, regardless of their original approval status. Consequently, the proposal does not undermine countryside protection objectives.
7.2.4 Taking these factors into account, the curtilage extension is acceptable given its integration within the estate's established layout, the natural evolution of property boundaries, and the absence of material adverse impacts. Moreover, the proposal aligns with the existing
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built environment, supports the coherent arrangement of residential plots, and reflects the estate's established character. Importantly, historic approvals and other developments have influenced curtilage changes, demonstrating a precedent for logical boundary extensions. While technical conflicts with EP1 and GP3 exist, they do not provide an overriding justification for refusal when considered within the site's established residential pattern.
7.2.5 Nevertheless, to further support the proposal's acceptability, key factors such as visual integration, biodiversity impact, and agricultural soil quality must be assessed. Therefore, weighing these considerations against the benefits of formalizing a clear, logical residential boundary will ensure a balanced outcome aligned with broader planning objectives.
7.3 IMPACT ON THE LANDSCAPE AND SETTING 7.3.1 The proposed curtilage extension is entirely enclosed within established boundary treatments, ensuring minimal visibility from key viewpoints. Furthermore, the new boundary does not disrupt the broader landscape setting but instead maintains visual coherence with adjacent properties and the existing estate layout. In addition, views from the main thoroughfare are obstructed, and any distant views from surrounding agricultural fields would be read within the built context of this part of the countryside. As a result, the works remain visually unobtrusive from public perspectives, reinforcing the seamless integration of the site into its surroundings.
7.3.2 Environment Policy 1 (EP1) and Spatial Policy 4 (SP4) prioritize countryside preservation, which is applicable in this case. In reviewing this scheme, the enclosed nature of the curtilage extension ensures residential integration while avoiding unnecessary landscape intrusion. Consequently, the proposal does not introduce new visual disruptions or harm the countryside's character, aligning with policy objectives to maintain the rural setting.
7.3.3 Moreover, the extension does not require the removal of mature vegetation, thereby preserving the natural integrity of the landscape. Additionally, existing fencing styles, including post-and-wire fence reflect common boundary treatments typical in rural areas, further enhancing compatibility with the estate's surroundings. To ensure continued visual cohesion, a condition would be applied requiring that current boundary treatments are retained, preventing unnecessary modifications that could disrupt the estate's established appearance.
7.3.4 Taking these factors into account, the proposal is considered acceptable given the absence of adverse landscape impacts. To maintain landscape integrity, it would also be appropriate to impose a condition suspending Permitted Development rights, particularly regarding walls, fences, or new structures. This safeguard would prevent future alterations that might erode the existing relationship between the gardens and adjacent fields, thereby ensuring that the intended use as a garden remains appropriate and does not compromise countryside character.
7.4 IMPACT ON AGRICULTURAL SOILS 7.4.1 Environment Policy 14 permits development on agricultural land, provided that it does not result in the loss of high-quality agricultural soils. High-quality agricultural land is defined as Class 1/2, Class 2/3, and Class 3/2 on the Agricultural Land Use Capability Map. The application site is classified as Class 3/4 agricultural land, which falls outside the most protected soil categories under EP14. As such, the proposal does not lead to the loss of land designated for strict protection.
7.4.2 While Class 3/4 agricultural soils are not among the highest-value agricultural classifications, proper land management remains important. The Strategic Plan does not suggest that Class 3 soils should be neglected or used unsustainably, especially since 80.26% of agricultural land on the Island falls within this classification. However, the nature and scale of the development ensure that the agricultural potential of adjoining fields remains
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uncompromised. Additionally, the curtilage extension does not significantly alter land use patterns or disrupt agricultural integrity.
7.4.3 Given that the land has already been naturally integrated into the residential layout, any impact remains minimal. Furthermore, the development is of a type that could easily be reversed, allowing the land to be restored to its original state if necessary. In this respect, the proposal aligns with EP14's intent, ensuring sustainable land management without conflicting with policy objectives on agricultural soil protection.
7.5 IMPACTS ON BIODIVERSITY 7.5.1 In terms of impacts on biodiversity, it is considered that the site in its natural (undisturbed) state could offer a wealth of biodiversity and ecology benefits to the area, with domestication resulting in undue pressure on the natural habitat. However, the adjoining field to which the application site is attached is currently being cultivated for fodder, which would mean that the retention of the field for agricultural use as is currently practiced here would hold less potential to serve as habitat for biota. Therefore, it is not considered that the use of the site as a garden for the application site would cause or lead to unacceptable environmental disturbance, with significant detrimental impacts on biodiversity.
7.6 OTHER MATTERS 7.6.1 Contents of Registry Documents The applicants have referred to the layout of the site as defined by registry documents. However, the contents of deeds and covenants or registry documents primarily establish property ownership and legal boundaries rather than dictate planning considerations. While such documents may outline private agreements regarding land use or boundary arrangements, they do not override the planning system's assessment criteria as they do not constitute material planning considerations. As a result, any restrictions or obligations contained within deeds or registry records remain civil matters, falling outside the scope of this planning determination and do not carry weight in assessing this application.
8.0 CONCLUSION 8.1 The proposed curtilage extension is acceptable as it aligns with the estate's established layout, integrates seamlessly with existing boundary structures, and presents no overriding policy conflicts. The proposal maintains visual continuity within the estate, avoids adverse landscape impacts, and does not compromise agricultural or environmental integrity. Furthermore, conditions would be applied to retain existing boundary treatments, ensuring long-term site compatibility while safeguarding the relationship between residential curtilage and the adjoining countryside.
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):
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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 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: 30.06.2025
Signed : Presenting Officer
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