8 May 2015 · Minister for Environment, Food and Agriculture (Hon R A Ronan MHK) following Planning Committee approval and appeal dismissal
Croit E Kirkjufal, Ballakillowey Road, Colby, Isle Of Man, IM9 4bw
The proposal involves retaining a traditional two-storey Manx farmhouse (all four walls to eaves level), a single-storey stone barn, and a two-storey stone barn, linking them with a part single/part two-storey infill extension finished in Manx stone, glazing, slate roofs, and mostly hardwood vertical sliding sash windo…
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The officer assessed against Housing Policy 13 for the abandoned farmhouse (all four walls to eaves, structurally capable per engineer's report requiring only under-pinning not replacement, access/vis…
General Policy 3
Restricts development outside zoned areas except conversions of redundant rural buildings of value (HP11) or abandoned dwellings (HP13). Officer confirmed exception applies as buildings meet policy tests, preventing new countryside dwelling.
Environment Policy 2
Protects landscape character. Officer/inspector found proposal improves derelict site without material harm; extension screened, materials match, sympathetic to Uplands.
Housing Policy 11
Permits barn conversions if redundant, intact/robust, architectural interest, suitable size with modest subordinate extension matching materials/appearance. All met: barns redundant (no modern ag use), structural report ok, Manx stone interest, 35% infill subordinate/complementary/screened.
Housing Policy 13
Permits abandoned farmhouse reinstatement if 3+ walls to eaves/robust, track access, services available; extensions <50% subordinate. All four walls ok, structural report confirms, new safer access, services feasible, extension 35% subordinate.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Parking, turning and access
The development hereby approved shall not be occupied until the visibility splays, parking, turning areas and new access/driveway shown on Drwg Nos 05A and 06 have been provided in accordance with the approved plans. The parking and turning areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
No front parking
There shall be no vehicular access or parking of vehicles in front of the front elevation of the farmhouse.
Landscaping scheme
No development shall take place until details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details shall include all planting (including turfing), all hard surfacing materials, and a timetable for their provision. Any tree or shrub that within five years of being planted dies, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species.
Roadside boundaries and lizard protection
No development shall take place until details of the site's roadside boundaries, including elevations, sections and the means by which lizards will be protected, have been submitted to and approved in writing by the Department. The works shall be carried out as approved.
No permitted development - extensions etc
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2013 (or any Order revoking and/or re-enacting that Order with or without modifications) no extensions, alterations, new buildings or means of enclosure, no garden sheds or summerhouses, and no greenhouses or polytunnels shall be installed or erected without the further submission and approval of a planning application.
Materials approval
No development shall take place until samples of all external facing and roofing materials to be used on the site have been submitted to and approved in writing by the Department.
Guest annexe ancillary only
The guest annexe within the converted 2-storey barn shall be used only in association with, and for purposes incidental to, the main dwelling "Croit E Kirkjufal". It shall not be used as a separate dwelling.
do not oppose
makes no comment but requests informative note on approval
Rushen Parish Commissioners objected strongly to application 14/01420/B due to excessive massing, visual intrusion in high scenic value area, and inappropriate design; DEFA Biodiversity raised lizard protection concerns but accepted amended plans with working practices; Manx Utilities requested contact for electricity supply.
Key concern: too large massing resulting in very large, intrusive and out of keeping development in area of high scenic value
Rushen Parish Commissioners
ObjectionRushen Commissioners recommend that this application be Refused.; A modestly sized and appropriately designed house would probably be given their support.; Firstly, Rushen Commissioners would like to point out that this is not a refurbishment nor is the property an existing farmhouse.
Rushen Parish Commissioners
ObjectionRushen Parish Commissioners would like to re-iterate their views given in December on the initial plan i.e.; Rushen Commissioners recommend that this application be Refused.; A modestly sized and appropriately designed house would probably be given their support.
Manx Utilities
Conditional No ObjectionThe 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.; See Note 2; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: condition of planning be that the applicant must contact the Authority; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application
DEFA Biodiversity
Conditional No Objectionlizards have been recorded 'basking on the hedge by the farm ruins' in 2006; lizards (which are protected under the Wildlife Act together with their places of shelter or protection)
Conditions requested: consideration is given in the plans to ensuring that lizards are not damaged during any works; removal and replacement of the hedge takes account of the possibility of it being lizard habitat; either a survey to determine whether they are present, or methods based on the assumption that they are; rubble-centred replacement bank might therefore be appropriate; method statement on working with lizards and the replacement of suitable bank habitat; possible to reuse the bank turf when rebuilding the new structure
DEFA Biodiversity
No ObjectionThe amended plans have been noted and are acceptable and here I shall add some details of working practice.; The vegetation should be cut short on, and 2m beyond the bank area to be moved, the week before works, in order to discourage use by lizards.; Bank removal should take place during the active period for lizards (April-September) but check for nesting birds.
Conditions requested: The vegetation should be cut short on, and 2m beyond the bank area to be moved, the week before works, in order to discourage use by lizards.; Bank removal should take place during the active period for lizards (April-September)
The original application by Mr Chris Kelly to refurbish an abandoned farmhouse and barns with a link extension to create a dwelling with guest annexe and detached garage was approved by the Department of Infrastructure on 8 May 2015. Rushen Parish Commissioners appealed, arguing the proposal would create an overly large and intrusive house with inappropriate design features like a large window and high garage, harming the rural character. The planning authority defended the approval citing compliance with Housing Policies 11 and 13 of the IoMSP for modest extensions and reinstatement of abandoned dwellings. The inspector found the development sympathetic in scale, design and materials, with no material harm to the rural landscape under Environment Policy 2, and recommended dismissing the appeal. The Minister concurred, upholding the approval subject to revised conditions including restrictions on the guest annexe use and future development.
Precedent Value
Demonstrates that parish appeals against approvals can fail if inspector finds policy compliance, especially for tholtan refurbishments where structural evidence and rural enhancement are proven. Future applicants should prioritise structural surveys and visibility analysis over general scale objections.
Inspector: Ruth V MacKenzie
