29 April 2014 · Council of Ministers
Doi Railway Crossing, Mount Gawne Road, Colby, Isle Of Man, IM9 4ba
The proposal involves restoring a small, neglected one-bedroom former gatekeeper's cottage next to the Isle of Man Steam Railway level crossing to residential use. It includes felling up to six mature trees to create a layby for two off-road parking spaces, realigning the roadside bank, and installing a bio disc sewage…
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The inspector found that restoring the small historic cottage, associated with the Steam Railway, to its original residential use outweighed the disadvantages, particularly the felling of up to six ma…
Strategic Policy 1
Seeks the use of redundant, unused and under-used buildings. The inspector found the proposal accorded with this by restoring the redundant cottage.
General Policy 3
Makes provision for certain development outside areas zoned for development, subsections (b), (c) and (d). Supported reuse of the abandoned rural dwelling; proposal 'fully accords' with GP3(b).
Housing Policy 13
Addresses rural dwellings that have lost their residential use by abandonment. Most specific policy applied; cottage held to have lost residential use, justifying exception to countryside protections.
Housing Policy 11
Relates to restoration of rural buildings of historic and social interest. Supported the proposal alongside HP13.
Environment Policy 1
Protects the countryside and its ecology from most development. Officer noted general presumption against development, but exceptions via other policies applied; tree loss accepted subject to replanting.
Transport Policy 4
Layby ensures compliance by providing off-street parking, avoiding congestion.
Approved plans
This approval in principle relates to the conversion of former gatekeeper's cottage to residential use, including creation of off road parking and bio disk sewage treatment system, Former Ballagawne Gate Keeper's Cottage, Mount Gawne Road, Colby, Rushen, as shown generally in drawings 01, 02 and 03 all date stamped 30th October 2013.
Time limit
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters application time limit
Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reserved matters details
Details of the siting, design, external appearance, internal layout, means of access and landscaping to the extent not already determined (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Replanting details
The details to be submitted in accordance with Condition 4 shall include planting to be provided along the realigned and extended bank.
Parking provision
The development hereby approved shall not be occupied until the parking area has been provided in accordance with the approved plans. The area shall not be used for any purpose other than the parking and manoeuvring of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Refers to Area Plan for the South supporting retention and restoration of railway structures, Strategic Policy 1 for reuse of redundant buildings, General Policy 3 and Housing Policy 13; layby complies with Transport Policy 4
forward and rear visibility sightlines of 36 metres in both directions from the layby need to be demonstrated
proposals do not have a detrimental impact upon this potentially Registered Building; consider condition for reintroduction of appropriate tree species
do not object
Rushen Parish Commissioners have no objection but express puzzlement over prior applications and government communications; Highways Division defers pending demonstration of 36m visibility sightlines for parking; private representations raise concerns over lack of surveys and farm parking congestion.
Key concern: Forward and rear visibility sightlines of 36 metres in both directions from the proposed lay-by parking need to be shown as achievable
Rushen Parish Commissioners
No ObjectionThe Commissioners have no objection to this but they have asked me to express their puzzlement by recent communications they have received regarding this property; on 5th November they received notice that PA 12/0043/A for this property has been withdrawn - the applicant being IOM Government Valuations Office (who weren't the people who made the original PA); they also had notification last month that this property is the subject of an application by the Planning Authority to be 'Registered'; There seems to be a lack of communication between Government Departments which is of concern
Highways Division
Conditional No ObjectionDefer; Forward and rear visibility sightlines of 36 metres in both directions from the proposed lay-by parking need to be shown as achievable
Conditions requested: Forward and rear visibility sightlines of 36 metres in both directions from the proposed lay-by parking need to be shown as achievable
The original application by the Department of Community, Culture and Leisure sought approval in principle for residential conversion of the redundant Ballagawne Gate Keeper's Cottage, creation of off-road parking requiring tree felling, and a bio disc sewage system; it was referred to the Council of Ministers due to the applicant's status. A prior similar application (PA 12/00043/A) was withdrawn. Appellant arguments cited policies supporting reuse of redundant historic buildings (Area Plan South 5.21.3, Strategic Plan SP1, GP3, HP13, TP4) and demonstrated highway safety. The planning officer noted countryside protection under EP1 but acknowledged relevant exceptions; third parties raised parking congestion and procedural concerns. The Inspector found the building's historic railway association justified residential restoration as its original use, accepted parking necessity despite tree loss (mitigated by new planting), confirmed adequate sight lines, and concluded policy compliance with GP3(b), HP11, HP13. He recommended approval with conditions for reserved matters including landscaping.
Precedent Value
Historic railway buildings qualify for rural residential exceptions if tied to original use and abandoned; essential off-street parking can justify tree removal with mitigation and highway evidence. Future applicants should secure technical drawings and authority pre-agreement.
Inspector: Alan Langton
