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25/90544/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90544/C Applicant : Miss Sally Justice Proposal : Additional use of summer house as self-catering tourist accommodation Site Address : Mahalo Ronague Road Ballabeg Castletown Isle Of Man IM9 4HF
Principal Planning Officer: Belinda Fettis Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 23.09.2025 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposal is contrary to General Policy 3, Environment Policy 16 and Business Policy 11 and as submitted does not meet any exceptions within the Isle of Man Strategic Plan 2016. Therefore the proposal is unacceptable.
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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 District Commissioners - Support. DOI - Highways Services - No objection.
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: o The Society for the Preservation of the Manx Countryside and the Environment - not within 20m.
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Officer’s Report
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1. THE SITE 1.1. The application site relates to the land associated with a detached dwellinghouse called Mahalo. The proposed development relates to a detached single storey outbuilding that has recently gained Lawful Development for ancillary use to the dwellinghouse. The building is on land south of the dwellinghouse and accessed off the private driveway from the B42, Ronague Road.
1.2. The site is located in open countryside north of Ballabeg.
THE PROPOSAL 2.1. Planning approval is sought to allow use of the ancillary outbuilding for self-catering tourist accommodation. In support of the proposal the applicant has submitted plans and a statement.
2.2. Drawing no.2302/03 shows that the outbuilding has two bedrooms, a bathroom and kitchenette dining sitting room. There is an area of timber decking at the front and area for parking. The building is shown to be screened by existing planting. Adjacent the proposed holiday let there is a shed with an electric vehicle charging point.
2.3. The outbuilding is connected to main services and the septic tank in the same way as the dwellinghouse. Surface water from the outbuilding is directed to water butts and soakaways.
2.4. The design statement describes the existing site, the proposed use applied for and vision for future use and development within the land.
PLANNING POLICY 3.1. Site Specific 3.1.1. On the Area Plan for the South the site is outside areas identified for development. The site is within an area identified as being 'Incised Inland Slopes' 'D14' on Map 2 'Landscape Assessment Areas'.
3.1.2. The site is not impacted by the following constraints; Public Rights of Way (PROW); recorded flood zone or surface water flooding; protected tree; Registered Building or Conservation Area.
3.2. Strategic Plan 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
3.3. Strategic Policy 4 (c) states that development must not lead to unacceptable environmental pollution or disturbance.
3.4. Strategic Policy 8 states that tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions.
3.5. General Policy 3 states that development outside of an area zoned for development, development will not be permitted. Exceptions are permitted in criterion (a) to (h).
3.6. Chapter 7 paragraph 7.5.1, in respect of countryside protection, states that areas of open countryside fall inside and outside existing landscape classifications. It is important that the openness of the countryside is not eroded by inappropriate development. All countryside is generally considered to be of good quality therefore any development within the countryside
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should be designed in such a way that it preserves the character of the open countryside. As noted at paragraph 4.3.11 of the Strategic Plan, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".
3.7. Business Policy 1 states that the growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of the Plan.
3.8. Business Policy 11 states that tourism development must be in accordance with the sustainable development objectives, policies and designations which seek to protect the countryside from development and that the same weight will be applied to tourism development as to any other type of development.
3.9. Business Policy 12 states that permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.
3.10. Business Policy 14 states that tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. This includes quality self-catering units in barn conversions but the proposal must comply with General Policy 3 and Business Policies 11 and 12.
OTHER MATERIAL CONSIDERATIONS 4.1. Our Island Our Future VISITOR Economy Strategy 2022-2032; Programme 3; Invest in distinctive contemporary and ecofriendly visitor accommodation; widen non-serviced innovative accommodation such as back-to-nature retreats, wellness retreats and luxury glamping sites.
4.2. Our Island Our Future ECONOMIC Strategy 10-15 years; p38 Enabling Sectors, hospitality; improve the quality and range of hospitality venues especially for younger people; visitor, deliver on the 2022 Visitor Economy Strategy to modernise and expand while contributing to the attractiveness of the Island for residents.
PLANNING HISTORY 5.1. The is more planning history within the site however the following planning applications are considered materially relevant to this application. o 25/00542/LAW Certificate of Lawful Development for erection of summer house and shed ancillary to the main dwelling house "Mahalo". Agreed. o 05/00142/B Erection of garden shed/workshop. Approved. o 04/01919/A Approval in principle for erection of timber workshop/store. Refused.
REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2. Local Authority: 6.2.1. Arbory and Rushen Parish District Commissioners - support (26.08.2025)
6.3. Statutory Bodies 6.3.1. DOI Highways - no objection (18.08.2025)
6.4. Other 6.4.1. The Society for the Preservation of the Manx Countryside and the Environment - support (18.08.2025).
ASSESSMENT
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7.1. Although the applicant provides details of a vision for future expansion, this application considers only that associated with the proposal applied for, that is change of use of the existing ancillary outbuilding for self-catering holiday accommodation. As such the proposal is assessed as follows:
7.2. Principal of development proposal. 7.2.1. Within the Strategic Plan for the Island the spatial strategy is provided through the Strategic and General Policies. Land is zoned for and not for development.
7.2.2. GP3 is the key policy in this instance and the site is clearly outside areas zoned for development and does not meet any of the exception criteria (a) to (h). Therefore the proposal is in principal contrary to the Plan.
7.2.3. Often in open countryside screening is considered to render a proposal acceptable because it is 'out of sight'. The submitted plan identifies 'screening' of the development however as outlined in Paragraph 4.3.11 of the Strategic Plan, visibility of development is not justification for relaxing policies.
7.3. Visitor accommodation and economy 7.3.1. Paragraph 9.5.5 states that in rural areas new forms of contemporary tourism development will be welcomed, particularly those that satisfy customer demand for high quality accommodation in rural areas but they must comply with other Plan Policies, particularly General Policy 3.
7.3.2. In respect of SP8, it states that tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality and where they do not affect adversely other features of the locality, such as landscape and highways. However this proposal relates to a timber ancillary outbuilding in the countryside therefore it is considered that it is not 'built fabric of interest' and as such SP8 does not apply. Although the outbuilding is in use, it is in use by the family and its' vehicles. Use of the outbuilding for self- catering tourists would increase activity at the site and it is unclear to what level this might impact the environment; therefore it is unclear whether the proposal would accord with SP4.
7.3.3. Taking account of Business Policy 11 and its connection to Environment Policy 16 that relates to existing rural buildings, the ancillary timber outbuilding is not considered to be a rural building in the true sense of the meaning, for example a stone Manx barn. Nevertheless to be clear, consideration has been given to the exceptions of EP16 (a) to (f). It is considered that whilst the timber building does not require alterations for the proposed use the proposal does not meet (a) by virtue of the recent lawful development certificate application stating that the building is and has been in continuous use by the applicant as an ancillary building, therefore it is required. Furthermore, it cannot be argued to be a building that would result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction. This policy and others in the IOMSP allow development in the countryside, for example rural buildings conversion for tourist units and/or dwellings. These are normally in unstainable countryside locations, but because buildings of historical/architectural interest are being retained for future generations an exception is made for such conversation to ensure they are not lost. However, these exceptions are on this basis and cannot apply to the proposed building which do not meet these criteria, which are not only contrary to all the relevant policies outlined, but are also in a unstainable location and on land not designated for development. Such proposal would go to the heart of what the IOMSP "Strategic Aim" (page 10) is seeking to achieve.
7.3.4. Within the Business and Housing Policies there are no exceptions that would enable the change of use to self-catering accommodation in this building on this site in this rural location.
7.4. Planning Balance
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7.4.1. Consideration must be given to the Island's 'Our Island Our Future VISITOR Economy Strategy 2022-2032'. The proposal alludes to a future scheme that could meet this strategy and as such tip the planning balance. However the proposal as submitted falls short of achieving anything close. Therefore there is no exception or reason to tip the planning balance in favour of this proposal that is contrary to the Strategic Plan framework.
CONCLUSION 8.1. For the reasons given above the proposal is considered contrary to General Policy 3 and the proposal as submitted does not meet any exceptions within the Isle of Man Strategic Plan 2016. Therefore the proposal is unacceptable.
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. __
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 : Refused Date: 24.09.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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