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25/90250/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90250/B Applicant : Cheeseden Investments Limited Proposal : Erection of summerhouse Site Address : Ballaman Manor Ballnahowe Road Ballnahowe Port Erin Isle Of Man IM9 6JF
Planning Officer: Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.05.2025 __
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 approved shall be implemented in strict accordance with the landscaping and mitigation planting detailed in Drawing No. HLK/25/09-04. The approved scheme shall be maintained thereafter to uphold biodiversity and landscape integrity. Any retained tree, hedges or plantings which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
C 3. The structure, hereby approved, shall not be occupied at any time other than for purposes incidental to the residential use of the existing dwelling on the application site otherwise known as 'Ballaman Manor', Ballnahowe Road, Ballnahowe, Port Erin, and shall not be occupied as an independent unit of accommodation.
Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
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C 4. The internal layout shall remain as shown on the submitted Drawing No. HLK/25/09 -02, date stamped as having been received 6 March 2025. No kitchen or bathroom facilities shall be installed in the building and no internal walls shall be erected to subdivide the internal space of the building.
Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
This application has been recommended for approval for the following reason. The proposal complies with EP1, EP4, EP5, and GP2, ensuring minimal visual and ecological impact. Its design respects site character, integrates existing landscape features, and includes robust mitigation planting. The development does not adversely affect biodiversity or local amenity, and conditions will secure long-term environmental sustainability. On this basis, the proposal is considered to comply with the provisions of the Strategic Plan 2016 and Area Plan for the South 2013.
Plans/Drawings/Information;
This decision relates to the following documents and plans:
Drawings: 1. Drg. 01 - Topographical Survey (06 March 2025) 2. Drg. 02 - Plan as Proposed (06 March 2025) 3. Drg. 03 - Site Plan as Existing (06 March 2025) 4. Drg. 04 - Proposed Site Plan and Site Sections (06 March 2025) 5. Drg. 05 - Location Plan (06 March 2025)
Documents: 6. Site Photos Sheet A (06 March 2025) 7. Site Photos Sheet B (06 March 2025) 8. Statement (06 March 2025)
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Arbory and Rushen Parish Commissioners - No objection DOI Highway Services - No objection __
Officer’s Report
1.0 THE SITE 1.1 The site represents the residential curtilage of Ballaman, a large detached house situated on the southern headland to the south of Port Erin. Access to the house is from the Balnahowe Road which leads to Cregneash.
1.2 Ballaman is a modern house set in expansive but largely unplanted grounds. The range of buildings on the site includes ancillary cottages, garaging and storage facilities. There has been development to the rear (south) of the residential buildings in the form of a helicopter landing pad and storage building.
1.3 The site, and some of the house and outbuildings are visible from the A5 Ballafesson Road, the Ballachurry Road, Church Road, and from the Balnahowe Road immediately to the
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east alongside the entrance gates (providing they are open) and from above (south), although the site has a backdrop of the rising open ground to the south. From Port Erin, the buildings are generally hidden by the front of the headland behind the Marine Biological Station. From further afield the existing buildings are visible as part of the scattering of buildings on the rising land to the south of Port Erin. The most conspicuous element of the existing buildings, which catches the eye, is the band of light-coloured render on the eastern elevation.
1.4 The Raad ny Foillan long distance public footpath runs to the west of the property.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Erection of summerhouse. The proposed summerhouse which would be situated northwest of the existing dwelling on site will have a hexagonal footprint, with diameter measuring about 14.4m and total floor area measuring about 149sqm when measured externally. This summerhouse would be about 7m tall from the ground level to the top of its ridge (3.3m to the eaves).
2.2 The summerhouse will have five sliding door openings seen on its north, west and east elevations, with the three sides viewed from its south elevation having windows. The sides with windows and viewed from the north, west and east will be finished in pointed Manx stonework to match existing dwelling, while the three sides viewed from the south would be finished externally in painted smooth render. There would be stone window surrounds over the five fenestrations. The roof would be finished in Dark colour slate roof to match dwelling at approx. 25-degree roof pitch.
2.3 As the works would include lowering the ground level and creating a flat ground to support the new summerhouse which would be set lower the surrounding ground level, anew patio area would be created around the building, with an area of flag steps created to provide access to a paved path leading to the driveway.
2.4 Some of the hedging enclosing part of the garden enclosure situated north of the dwelling would be removed to enable the rection of the summerhouse. New hedge planting would be introduced to connect with the retained hedging around this garden area to provide screening for the summerhouse. Parts of a group of conifer trees situated west of the proposed building area would be removed, with new tree planting introduced to mitigate for the loss of the trees on site.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site is not zoned for development under the Area Plan for the South (Map 7) and the site is not within a Conservation Area. The site is not prone to flood risks, there are no Registered trees on the site, and the site is also not within a Registered Tree Area.
3.2 Area: Area Plan for the South 2013 3.2.1 The Character Appraisal within the Area Plan for the South states thus concerning the area: "Landscape Character Area: Cregneash and Meayll Peninsula Coastal Cliffs (H4). 3.2.1.1 The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill.
3.2.1.2 Key Views Dramatic views of rising uplands to the north and across Port St. Mary Bay to the northeast. Dramatic views across the Sound to the Calf of Man. Panoramic, open views across the Peninsula. Extensive, panoramic, open views across ever-changing sea and sky engulfing the character area on three sides."
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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). However, given that the site has an established residential use, it would also be relevant to consider the general standards of development as set out in General Policy 2. This is particular relevant as it relates to design and amenity; indicating development should be supported provided it, "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them...".
3.3.2 Relevant Strategic Plan Policies: 1. General Policy 3 - Exceptions to development in the countryside. 2. General Policy 2 - General Development Considerations. 3. Environment Policy 1 - Protection of the countryside and inherent ecology. 4. Strategic Policy 1 - Efficient use of land and resources. 5. Strategic Policy 2 - Priority for new development to identified towns and villages. 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 - new development will be in defined settlements only or in the countryside only in accordance with GP3. 9. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation. 10. Environment Policy 4 - Protects biodiversity (including protected species and designated sites). 11. Environment Policy 5 - Mitigation against damage to or loss of habitats
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 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 site has been the subject of 20 previous applications none of which are considered to be materially relevant to the current application.
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 - No Interest
6.2 Arbory and Rushen Parish Commissioners support the application (1 May 2025).
6.3 DEFA Ecosystem Policy Team (8 April 2025): 1. They have no objection to the application, provided conditions are met.
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2. They note that the removal of trees and a hedge will impact habitat for birds and invertebrates. To mitigate this impact, they request that the proposed new landscaping must be secured as a condition of approval: "The new landscaping must be implemented according to the details in Drawing No. 04." 3. They provide further advisory regarding hedge and tree removal and protection of birds, their nests, eggs and young.
6.4 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The main issues in the consideration of this application are: 1. The visual impact of the development on character and quality of the site, and surrounding landscape; and 2. Possible ecological impacts.
7.2 It is not considered that the summerhouse would have any impact on neighbouring amenity, given its location, the surrounding landscaping that largely conceals it from public view, and the distance to the nearest neighbouring properties, which is over 360m.
7.3 Visual and Landscape Impact (STP 5, GP2 & SP4, with EP1) 7.3.1 The preservation of landscape character is a fundamental principle within the Strategic Plan, ensuring new developments integrate sensitively within their surroundings. Strategic Policy 5 reinforces this by requiring developments to be compatible with both natural and built environments, while General Policy 2 stipulates that residential proposals must respect their site and surroundings, considering siting, layout, scale, form, design, and landscaping. Additionally, Strategic Policy 4 underscores the need to protect or enhance the quality of urban and rural landscapes, particularly in proximity to designated areas where visual and ecological integrity are paramount. 7.3.2 The proposed summerhouse has been carefully positioned within Ballaman's existing residential curtilage, ensuring minimal disruption to the natural openness of the site. Set lower than surrounding ground levels, the structure remains discreet, mitigating visual impact and blending with the topography of the land. Furthermore, no direct views will be available from the adjacent highway, and visibility from the Raad ny Foillan public footpath will be largely obscured by existing sodbanks and hedging, reinforcing the site's sense of enclosure and minimizing visual intrusion.
7.3.3 While distant viewpoints such as Bradda Head may offer glimpses of the summerhouse, its visual presence will be perceived within the broader landscape context, where scattered rural dwellings and enclosed fields already shape the area's settlement pattern. The use of traditional materials, including Manx stonework, painted render, and dark slate roofing, ensures architectural continuity, reinforcing local identity rather than introducing discordant elements into the surrounding countryside.
7.3.4 The proposal aligns with GP2(f) by incorporating existing topography and landscape features, retaining hedging where possible, and ensuring natural continuity through thoughtful design and site integration. To enhance screening and biodiversity, new hedge planting will be introduced, strengthening the landscape enclosure while offsetting the loss of conifer trees with new tree planting. These measures not only minimize visual impact but also actively contribute to the aesthetic quality of the site, reinforcing SP4's emphasis on landscape protection.
7.3.5 While Environment Policy 1 (EP1) primarily addresses countryside and ecological protection, its principle of safeguarding rural landscapes is still relevant to this assessment. Importantly, the summerhouse does not represent harmful encroachment into undeveloped countryside, rather, it is a small-scale, ancillary structure within an established residential site, designed to sit comfortably within the landscape. Its low-profile positioning, materiality, and
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screening measures ensure compliance with EP1's intent, demonstrating that no adverse impact will result from the development.
7.3.6 Overall, the proposal respects and enhances the existing site character while aligning with key landscape policies (STP 5, GP2, SP4). Its sensitive integration, appropriate scale, and material choices, along with robust landscaping mitigation, ensure that the visual impact remains minimal, reinforcing compliance with the aforementioned policies. Consequently, the development is considered acceptable, maintaining the openness, character, and environmental quality of the area.
7.4 Impacts on Biodiversity (EP1, EP4, EP5 & GP2) 7.4.1 The proposed development requires the removal of established trees and hedging, leading to temporary habitat disturbance within the site. While the presence of protected species is unconfirmed, the existing vegetation may have provided a habitat for local wildlife, warranting ecological consideration. In accordance with Environment Policy 1 (EP1), which aims to protect the countryside and its ecological integrity, the proposal must demonstrate that any biodiversity disruption is effectively mitigated.
7.4.2 In response to these ecological considerations, the DEFA Ecosystem Policy Team has reviewed the proposal and raised no objections, provided that conditions ensure the implementation of the proposed landscaping measures. Their assessment acknowledges that the removal of trees and hedging may reduce habitat availability, particularly for birds and invertebrates, and requires adherence to appropriate removal protocols to minimize disruption.
7.4.3 Recognizing the importance of ecological integrity within new development, Environment Policy 5 (EP5) mandates that habitat loss should be minimized, with compensatory measures introduced where feasible to mitigate ecological impact. The scheme prioritizes the retention of existing vegetation wherever possible, removing only when necessary to facilitate development. In accordance with General Policy 2 (GP2), compensatory mitigation planting is incorporated to preserve local biodiversity, maintain habitat connectivity, and reinforce the site's ecological resilience. By integrating replacement planting and existing landscape features, the proposal supports the site's environmental sustainability while safeguarding its natural character.
7.4.4 On balance, the assessment has thoroughly evaluated potential biodiversity displacement, ensuring that appropriate mitigation measures are in place to address any ecological impacts. The proposal fully aligns with EP1, EP4, EP5, and GP2, incorporating environmental safeguards that support responsible and policy-compliant development. Consequently, conditions will be imposed to make mitigation planting a fundamental component of the site under the current scheme.
8.0 CONCLUSION 8.1 The proposal integrates sensitively within the landscape, minimizes visual and ecological impact, and aligns with key planning policies, including EP1, EP4, EP5, and GP2. Appropriate mitigation measures ensure biodiversity preservation, while its scale and design respect site character. On this basis, the development is considered acceptable and is recommended for approval.
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).
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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. __
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: 16.05.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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