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25/90371/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90371/C Applicant : Mr Christopher John Looney Proposal : Additional use of living space above detached garage as tourist accommodation (class 3.6) Site Address : Ballahutchin House Ballahutchin Hill Union Mills Isle Of Man IM4 4AT
Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 04.08.2025
Reasons for Refusal:
R 1. The existing garage is not redundant, nor is it of architectural or historical value. The proposal is considered to fail to comply with General Policy 3, Environment Policy 16, and Housing Policy 11 of the IOM Strategic Plan 2016.
R 2. The proposal would undermine established policies of the Strategic Plan which indicate a presumption against the creation of new habitable units in the countryside. It is considered to be contrary to Strategic Policies 2 and 8, Spatial Policy 5 and General Policy 3 of the Strategic Plan.
R 3. By reason of its failure of Housing Policy 11, Environment Policies 1 and 16, Strategic Policies 2 and 8, Spatial Policy 5 and general Policy 3, the proposal also fails to meet Business Policies 11, 12 and 14 of the Isle of Man Strategic Plan 2016.
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Interested Person Status - Additional Persons
It is recommended that the following organisations should NOT be given the Right to Appeal: Marown Parish Commissioners - No objection DoI Highway Services - No objection Fire and Rescue - Objection does not relate to material planning considerations
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25/90371/C
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.
1.0 THE SITE 1.1 The application site is Ballahutchin House, Ballahutchin Hill, Union Mills, Marown. It is a detached house south of Peel Road. A detached garage is at the end of the driveway.
1.2 The detached garage is a two-storey pitched-roof building. The ground floor is a double garage. A staircase at the side of the building leads to the first floor. The first floor features an ancillary accommodation, complete with a kitchenette and a toilet with a shower. The garage is approx. 45 square metres. The first floor area, with a height of at least 1.8 metres, is approximately 30 square metres.
2.0 THE PROPOSAL 2.1 The proposal is the additional use of the first floor of the garage as a tourist accommodation.
3.0 PLANNING HISTORY 3.1 Erection of a detached double garage with hobby room above was APPROVED under PA 21/00267/B. Condition 3 states: "The first floor accommodation of the garage hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballahutchin House' as a dwellinghouse. No separate curtilage shall be formed and the residential annex shall at no time be used as an independent dwellinghouse without the express grant of planning approval from the Department.
Reason: The application has been assessed only in terms of this restricted use and any other use may have an adverse effect on the character and amenity of the area contrary to relevant Polices in the Strategic Plan 2016 and its use as an independent residential unit would not comply with the Strategic Plan 2016 policies regarding new residential development in the countryside."
3.2 Additional use of living space above detached garage as tourist living accommodation (class 3.6) was REFUSED under PA 22/00244/C. The proposal is the same as that of the current application. The reasons for refusal were: "R 1. The existing building is not of any historic, social or architectural interest or of any visual attraction to warrant its conversion and so fails Housing Policy 11 (c) and Environment Policy 16 (b) of the Isle of Man Strategic Plan 2016.
R 2. The proposal does not fit within or meet any of the accommodation types and the high level criteria sought by 'Policy on the Development of Non-serviced Accommodation' to complement and enhance the Island's visitor economy and is not considered to be of any overriding national need as to outweigh Environment Policy 1 of the Isle of Man Strategic Plan 2016.
R 3. The proposal would undermine established policies of the Strategic Plan which indicate a presumption against the creation of new habitable units in the countryside. The proposal would therefore be contrary to Strategic Policies 2 and 8, Spatial Policy 5 and General Policy 3 of the Strategic Plan.
R 4. By reason of its failure of Housing Policy 11, Environment Policies 1 and 16, Strategic Policies 2 and 8, Spatial Policy 5 and general Policy 3, the proposal also fails to meet Business Policies 11, 12 and 14 of the Isle of Man Strategic Plan 2016."
While not a direct material consideration for this application, the applicant has listed the following decisions as supporting arguments for the application.
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3.3 Conversion of existing garage office to tourist accommodation (Class 3.6), including new sewer treatment works, external decking and carport at Lambfell Beg Cronk Y Voddy St Johns was APPROVED under PA 24/00211/C.
The proposal is for the office part (with attic) of a detached garage/office to be converted into a tourist accommodation, which is at least 36 square metres. The reason for approval was: "Despite those policies against development in the countryside and those policies setting out the criteria for conversion of rural buildings to create tourist units, given the small and ancillary scale of the proposed tourist unit being one bedroom and connected to the main dwelling that it was considered to have limited harm and to meet with the DfE Visitor Economy Strategy and planning conditions would ensure its use for tourism only, its connection with the main house and not being separated or sold separately, and with details of parking and lighting to be provided before its first use".
There were four additional conditions, in addition to the standard four-year condition, which included limiting the single planning unit, occupancy time, parking details, and lighting.
3.4 Garage conversion to provide tourist accommodation at Kingsley Farm, Ballamodha Straight, Ballasallawas APPROVED under PA 24/91102/B. The proposal is to convert a detached garage into a tourist accommodation with external decking and parking spaces.
The reason for approval was: "The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2021 and is recommended for approval."
There were five additional conditions, in addition to the standard four-year condition, which limited PD rights, required a single planning unit, and prohibited tourism use.
4.0 PLANNING POLICY Site Specific 4.1 The site is not within an area designated for any development in the 1982 Development Plan, meaning it is considered part of the countryside.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 (IOMSP) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Spatial Policy 5 o General Policy 2 (b) (c) (g) (h) (i) (j) (k) o General Policy 3 (b) (c) o Environment Policy 1 o Environment Policy 16 o Housing Policy 11 o Business Policy 11 o Business Policy 12 o Business Policy 14
4.3 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision- making, approval should usually not be granted where a planning application conflicts with the Plan.
4.4 Spatial Policy 5 states that developments should only occur in defined settlements unless they comply with exceptions in General Policy 3.
4.5 General Policy 3 sets out exceptions that may be acceptable for developments outside of areas designated for development. Subsection (b) sets out one of these exceptions as "redundant rural buildings which are of architectural, historic, or social value and interest". The keywords here are "redundant" and "of value". In decision-making, this means that the building must first be
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proven to be redundant. Furthermore, just because a building is deemed redundant does not automatically lead to approval. Such buildings must also possess the values mentioned above.
4.6 Environment Policy 1 echoes Spatial Policy 5 and General Policy 3. It defines the countryside as areas outside existing settlements or not designated for development (as mentioned in 4.1). It shows that development adversely affecting the countryside will almost always not be permitted. It also states that the countryside is protected "for its own sake". In decision-making, this implies an assumption against development in the countryside.
4.7 Environment Policy 16 sets out requirements for existing rural buildings being repurposed for tourist or small-scale industrial/commercial activities. These requirements include: o demonstration that the building is no longer required for its original purpose; o it is substantially intact and structurally capable of renovation; o accommodate the new use without requiring extension or adverse change to appearance or character; o acceptable implications on local traffic; o does not lead to the dispersal of activity on a scale that would harm the vitality and viability of town centres; and o when involving significant redevelopment, the benefits to the environment and rural economy outweigh the continued impact of retaining the existing building.
4.8 Housing Policy 11 sets out strict conditions that existing rural buildings have to meet to qualify for conversion into dwellings. These conditions include: o redundant for its original use; o substantially intact and structurally capable of renovation; o is of architectural, historic or social interest, this echoes General Policy 3 (b); o large enough to form a satisfactory dwelling, by itself or with small extensions that do not harm the character and interest of the building; o residential use being compatible with nearby land use and preferably with land use designation; and o can be provided with satisfactory services without unreasonable public expenditure
4.9 Housing Policy 11 also highlighted that such conversion should preferably re-establish the original appearance of the building and use the same materials as those in the existing building.
4.10 Housing Policy 11 also emphasises that rebuilding of ruins and erection of replacement buildings will not be permitted, and neither would further extension after the conversion is completed.
4.11 Environment Policy 16 and Housing Policy 11 echo each other in many aspects, such as the requirement for buildings to be redundant and structurally intact. They also require minimal alterations and extensions, with the character of the building to be maintained. There are also different requirements, such as how far to consider the reach of the new development's impact.
4.12 Business Policy 11 sets out general requirements for tourist development, which include sustainability and protecting the countryside. The policy also states that Environment Policy 16 should be applicable when needed.
4.13 Business Policy 12 paragraph 8.10 of the Plan and Housing Policy 11 as the general requirement for conversion of redundant buildings in the countryside to tourist use.
4.14 Business Policy 14 echoes many of the policies mentioned above. It specifies that quality accommodation in the countryside should comply with General Policy 3 and Business Policies 11 and 12.
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4.15 General Policy 2 (b) (c) and (g) set out design requirements for development, of which they should respect the character of the site itself and its immediate and not-so-immediate surroundings.
4.16 General Policy 2 (g) and (h) set out that amenities enjoyed by the site and the site around it should be protected or preserved.
4.17 General Policy 2 (h) and (i) also sets out that the proposal should satisfy the safety, efficiency and accessibility requirements, including parking provision, of all highway users whenever possible.
4.18 General Policy 2 (j) requires the proposal to have all necessary services. At a basic level, this refers to electricity, water and sewage services.
4.19 General Policy 2 (k) requires proposals not to prejudice the use or development of adjoining land when they comply with the Area Plan.
PPS and NPD 4.20 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside provides general guidance on the design details of houses in the countryside.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 Policy on the Development of Non-serviced Accommodation', dated March 2019, adopted by the Department for Enterprise in order "to shape a future development strategy for the sector, help inform planning policy and to guide the Department as to what support mechanisms may be required to maximise the potential benefits of an expansion on non-service accommodation in the Island." This document helps outline what type of tourist accommodation the Isle of Man is looking for and states that the focus for the future "will be on the types of non-service accommodation identified as being in shortage within the study, namely; 8.2.1 developments of multiple units; 8.2.2 those that cater for families; 8.2.3 those that cater for individuals with disabilities 8.2.4 proposals which incorporate leisure and entertainment facilities; 8.2.5 high quality, luxury, boutique developments; 8.2.6 clusters or separate small scale units which complement existing tourist activities or leisure facilities; 8.2.7 glamping units and 8.2.8 those catering for group experiences."
5.2 Visitor Economy Strategy 2022-2032 was published in April 2022. It outlines the strategic plan for growing the Isle of Man's Visitor Economy through to 2032.
5.3 Isle of Man Economic Strategy was approved by Tynwald in November 2022.
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. 6.1 Marown Parish Commissioners do not object to this application (28.05.2025).
6.2 DoI Highway Services does not oppose this application (25.04.2025). The comment states that there is no significant negative impact on highway safety, network functionality, and /or parking, as the site access and internal layout are acceptable for the proposals.
6.3 Fire and Rescue wrote in (12.06.2025), reminding the applicant that the proposal should comply with relevant regulations.
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7.0 ASSESSMENT Principle of the Proposal 7.1 The critical consideration of this application is its principle. As mentioned in 4.5, this means justifying the redundancy of the building and its value.
7.2 The building is a modern-day garage. The Department has a typical position in not accepting that such buildings are redundant. It is also considered to have no architecture or historic value, given its newness. Therefore, the proposal is not considered to comply with General Policy 3, Environment Policy 16 and Housing Policy 11 and is therefore considered not principally acceptable.
7.3 In addition to failing the principal test, as the proposed use is a self-contained self-catering tourist unit, and the building is detached, the proposal risk creates a separate planning unit from the existing house, as well as the risk of creating a new dwellinghouse in the countryside.
7.4 The main house and the garage share the same driveway. There is sufficient hard surface and garden space around the garage, as well as the existing dwellinghouse. Therefore, the garage would have adequate amenities to function as a standalone dwellinghouse.
7.5 Based on the argument above, the proposal is also considered to be contrary to Strategic Policies 2 and 8, Spatial Policy 5 and General Policy 3 of the Strategic Plan. Therefore, the proposal should be recommended for Refusal.
Cases for the Proposal 7.6 The agent argues that some changes in material considerations should outweigh the principles above.
7.8 The main argument is that many recent appeals and planning committee decisions have agreed that such a proposal has limited or no planning harm with the appropriate conditions. The secondary argument is that the Island's tourism and economic strategy has changed significantly since the previous refusal in support of the proposal.
7.9 The following assessment will examine these two arguments.
No Planning Harm (NPH) 7.10 No planning harm requires the proposal to comply with other parts of the policies, including complying with other parts of the policies regarding converting a rural building and the standard impact assessment.
NPH - Requirement for Converting a Rural Building 7.10 The proposed conversion is to a tourist accommodation, which means it is first a residential use, and the target users are tourists (usually meaning short stay). Given the proposed floor plan, the new building would be considered a self-contained, self-catering tourist accommodation (Use Class 3.6) within the Use Class Order, which means both Environment Policy 16 and Housing Policy 11 would be applicable.
7.11 Given that the building can still be used as a garage, it is sufficient to judge the building as substantially intact and structurally capable of renovation.
7.12 Since Highway Services has no objection, it is considered to have no negative impact on traffic.
7.13 Given the nature of the single-bedroom tourist accommodation, it is not considered to harm the vitality and viability of any town centres, nor is it considered to affect the nearby land use.
7.14 There are no other properties immediately to the site. So the proposed tourist accommodation is not considered to harm these uses.
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7.15 Given its close location to the existing dwellinghouse, it is considered that public expenditure for providing necessary services to the new building would be minimal.
7.16 In conclusion, except for the parts assessed in 7.2, the proposal would comply with the rest of Environment Policy 16 and Housing Policy 11 about the conversion of an existing rural building.
NPH - Elements of Assessments 7.17 The primary considerations, besides the principle, are the impact of the proposal on: o character and streetscene of the area o amenities of the neighbouring properties o traffic and highway safety
NPH - The character of the Streetscene and the Area 7.18 The proposal would not change the streetscene or the character of the area.
NPH - Neighbouring Amenities 7.19 In general, it is difficult to assess how an individual would behave, whether as a tourist or a resident. As a tourist, a person may be out a lot of the time, but may also have later nights and be more disruptive upon return. In the meantime, both tourists and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, the majority of people tend to behave well and raise no concerns. Therefore, it is unlikely that this change of use will have a significant impact on the living conditions of the neighbouring properties.
NPH Highway Safety 7.20 As Highway Services does not oppose this application, it is considered that the proposal would have a neutral impact on road safety or traffic flows on the local highways. Therefore, its highway impact is considered acceptable.
NPH - Parking 7.21 The space in front of the building and the ground floor of the building are sufficient for car parking, so it is considered that there is no impact on parking provision.
NPH - Conclusion 7.22 In conclusion, the proposal would not create a material planning harm given its small scale.
Visitor and Economy Strategy 7.23 This application argues that the new economy and tourism strategy are in favour of the proposal. However, the visitor's strategy also states that "Work to achieve a planning policy approach that can give positive consideration to proposals for well-designed, eco-friendly coastal and rural visitor accommodation, whilst protecting the natural environment and areas of high scenic value and avoiding any adverse climate change impact". It acknowledges that the existing planning policy does not currently actively support the conversion of existing rural buildings to tourist accommodation. Therefore, the tourism and economic strategy is not considered sufficient to outweigh the failed principle test.
Planning Balance Assessment 7.24 The proposal has demonstrated a lack of planning harm while in breach of principles set out in General Policy 3, Environment Policy 16 and Housing Policy 11. It is the officer's opinion that the current planning policies are consistent in deterring general conversion to housing in the countryside, aiming to limit development in the countryside in general. Until such a principle changes, the proposal should be firmly assessed against these policies and should not be recommended for approval.
8.0 CONCLUSION
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8.1 The existing garage is not redundant, nor is it of architectural or historical value. Therefore, the proposal is considered to fail to comply with General Policy 3, Environment Policy 16, and Housing Policy 11 of the Strategic Plan and is recommended for a refusal.
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.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : APPROVAL
Committee Meeting Date 11.08.2025
Signed : Mr Pieran Shen Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 11.08.2025
Application No. :
25/90371/C Applicant : Mr Christopher John Looney Proposal : Additional use of living space above detached garage as tourist accommodation (class 3.6) Site Address : Ballahutchin House Ballahutchin Hill Union Mills Isle Of Man IM4 4AT
Planning Officer Peiran Shen Reporting Officer As above (correct manually if not the case officer)
Addendum to the Officer’s Report
The Planning Committee, in the meeting on 11th August 2025, overturned the Case Officer's recommendation for refusal on the basis that: "Despite policies setting out the criteria for converting rural buildings to create tourist units and those against development in the countryside, given the small and ancillary scale of the proposed tourist unit, namely a one-bedroom unit, and its close proximity to the main house, it is considered to have limited harm. In addition, it is considered to meet the DfE Visitor Economy Strategy. Furthermore, planning conditions would ensure its connection to the main house, its use for tourism only, and that it not be separated or sold separately."
The committee agreed to impose the following conditions:
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.
Reason: To ensure that the development is only used in connection to the main house and to prevent the creation of an unjustified separated dwelling in the countryside.
Reason: To ensure that the development is used an occupied solely as short-term tourist holiday accommodation.
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Conditions of Approval
C 1. The tourist accommodation and use hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any three month.
Reason: To ensure that the development is used an occupied solely as short-term tourist holiday accommodation.
C 2. 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 3. The tourist development hereby approved shall remain connected to the main house known as "Ballahutchin House" and shall only be used for tourist purpose in line with C3 and shall not be sold rented or used as a separate independent dwelling at any time.
Reason: To ensure that the development is only used in connection to the main house and to prevent the creation of an unjustified separated dwelling in the countryside.
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