25 November 2014 · Planning Committee
Shen Valley House, Ballnahowe, Port Erin, Isle Of Man, IM9 6jf
The site is 1.1 acres on the eastern side of Balnahowe Road in a rural open space area near Port Erin, containing an existing two-storey building of 126 sqm floor area, described as a vaguely traditional but unattractive cottage converted to agricultural use, plus an adjacent shed.
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The officer assessed the building's status as originally residential but converted to agricultural use in the 1990s, with partial implementation of prior permissions (e.g.
Housing Policy 11
Allows conversion of existing rural buildings to dwellings subject to criteria. Officer noted proposal does not fit comfortably as not currently a dwelling with long agricultural use, but past permissions (e.g. PA 04/00394/B) support residential potential; intent achieved by improving unattractive structure.
Housing Policy 12
Permits countryside dwelling replacement if not abandoned residential use, not of architectural/historic interest, capable of renovation; abandonment assessed by condition, non-residential period >10 years, etc. Existing building partly lawfully implemented for conversion, not currently agricultural, poor quality justifying replacement despite historical use.
Housing Policy 14
Replacement dwellings not substantially different in siting/size unless environmental improvement; floor area ≤50% greater, traditional design per Planning Circular 3/91. Exceeds 50% by 18% but approved exceptionally for replacing 'poor form' with traditional character, less visual impact via resiting/design; aligns with allowance for larger where better form/lower impact.
Time limit
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
No further extensions
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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Site restoration scheme
Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material. Such works must be implemented prior to the occupation of the approved dwelling. Reason: in the interests of public amenity as viewed from the public footpath.
do not oppose the application; existing public footpath to remain as is with access at all times
Manx Utilities requests contact due to underground cables/overhead lines; Highways does not oppose subject to footpath condition; Rushen Parish Commissioners do not object but note concerns about future extensions; Day Estates objects on policy and character grounds.
Key concern: area is not zoned for development on the Southern Area Plan and contrary to General Policy 3
Manx Utilities
Conditional No ObjectionThere are underground cables/overhead lines present in the area indicated in you planning application. Please contact our Network Operations Department, Manx Utilities (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site.; The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site; Contact the Manx Utilities for Electrical Site Safety 5 documents (Tel. 687766) before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Day Estates
ObjectionThe area is not zoned for development on the Southern Area Plan and the proposal is therefore contrary to General Policy 3 of the Isle of Man Strategic Plan.; This application be refused.
Highway Services Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: The existing public footpath running through the garden of the property is to remain as is, including location and width, access is to be made available at all times.
Rushen Parish Commissioners
No ObjectionRushen Commissioners do not object to this application, noting that it is now not quite to high.; They have concerns that this could be only the initial building and that there may be several extensions applied for in the future as the land surrounding this house is in the possession of the applicant.
